o~H£R~ TR~FFIC ACCIDENT 

CONSULTANTS~ INC~ 

POST OFfiCE. BOX 816 

TINLEY PARK, ILLINOIS 604 77 

PHONE 708-429-2984 

fAX 708-429-3765 

June 30, 2015 

U.S. Department of Transportation 

Docket Management System 

1200 New Jersey Ave., SE 

Washington, DC 20590 .···""" , .. 

Re: Petition of O'Hern Traffic Accident Consultants, Inc. for an Exempti,ofi Putsu~t 

to Section 333 ofthe FAA Modernization and Reform Act of2012 ·.. . · 

To Whom it May Concern: 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 and 14 C.F.R. Part 

11, O'Hern Traffic Accident Consultants, Inc. ("OTAC") hereby applies for an exemption from 

the Federal Aviation Regulations outlined below. This exemption will allow for commercial 

operation of small unmanned aircraft systems ("sUAS") for purposes of conducting aerial 

inspections, site surveys as part of a forensic analysis, assisting law e_nforcement with search and 

rescue operation and assisting law enforcement with the execution of search warrants. 

This Petition for Exemption is being made based on the information presented in this petition, as 

well as the DJI Phantom 2 Vision Plus User Manual, the Phantom 2 Vision Plus Release Notes, 

Phantom 2 Vision Plus Quick Start Guide, the Phantom 2 Vision Plus Pilot Training Guide and 

the Smart Flight Battery Safety Guidelines (collectively referred to as the "Manufacturers 

Manual"). A copy of the Manufacturers Manual is attached. 

The following is an outline of the Petition for Exemption. 

I. Description of Petitioner 

II. Section of 14 C.F.R. which Exemption if being requested. 

A. 14 C.F.R. Part 21, Subpart H- Airworthiness Certificate and 14 C.F.R. § 91.203 

B. 14 C.F.R. Part 27, Airworthiness Standards: Normal Category Rotocraft 

C. 14 C.F.R. § 91.7(a): Civil Aircraft Worthiness 

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Manual in the Aircraft 

E. 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration 

F. 14 C.F.R. § 91.9( c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements 
"OTAC" Petition For Exemption Page2 

G. 14 C.F.R. § 91.103: Preflight Action 

H. 14 C.F. R. § 91.105: Flight Crewmembers at Stations 

I. 14 C.F.R. § 91.109(a): Flight Instruction 

J. 14 C.F.R. § 91.119: Minimum Safe Altitudes 

K. 14 C .F .R. § 91.121: Altimeter Settings 

L. 14 C.F.R. § 91.151(a): Fuel Requirements for Flight in VFR Conditions 

M. 14 C.F.R. § 91.405(a), 91.407(a)(l), 91.409(a)(l), 91.409(a)(2), 91.417(a) and 

91.417(b ): Maintenance Inspections, Preventative Maintenance and Alterations 

N. 14 C.F.R. Part 61; § 61.3 Requirements for certificates, ratings and authorizations 

and§ 61.113(a) and (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot 

in Command; Commercial Pilot Privileges and Limitations 

III. Description of Operational Usage 

A. Traffic Crash Investigation 

B. Law Enforcement Assistance (search and rescue operations, crime scene 

documentation, etc.) 

IV. Applicable Statutory Authority 

V. UAS Operations meet the requirements of Section 333ofthe FAA Modernization and 

Reform Act of2012 

A. Approval is warranted based on the sUAS Size, Weight, Speed and Operational 

Capacity 

B. Approval is warranted based on the operational restrictions stated in the 

Operations Manual. 

VI. Public Interest 

VII. Privacy 

VIII. Federal Register Exemption 

IX. Conclusion 

I. DESCRIPTION OF PETITIONER 

O'Hern Traffic Accident Consultants, Inc. ("OTAC") is an Illinois based private investigation 

and consulting company. OTAC initially began in 1995 as a sole proprietorship and was 

subsequently incorporated in Illinois in1999. Over the last 20 years, OTAC has grown from a 

single consultant to a team of more than 10 consultants and employees. OTAC offers forensic 

documentation and expert analysis services in the field of accident/crash investigation and 

frequently assist County Prosecutors and Law Enforcement in forensic documentation and 

analysis within this field. 

Expert analysis offered by OTAC often begins with forensic inspections and documentation of 

vehicles, objects, buildings and crash sites. The documentation commonly involves recording 

images to document specific conditions. Obtaining images of physical evidence and or forensic 

evidence may not always be feasible due to dangerous conditions. When assisting Law 

O''HERN TRAFFIC ACCIDENT CONSULTANTS, INC. 
"OTAC" Petition For Exemption Page3 

Enforcement with Search and Rescue operations and or the execution of Warrants, it is often 

difficult or unsafe to check and clear certain areas. OT AC seeks to utilize the technology offered 

through the sUAS to provide better and safer services. 

The use of technology offered through the sUAS-assisted photography would allow for detailed 

forensic inspections and close visual observations that would otherwise be infeasible or unsafe. 

The primary benefit would be to document any evidence or to clear an area without putting a 

persons safety at risk. The sUAS would allow steep uneven slopes and embankments at crash 

sites to be inspected and photographically documented. The sUAS would also allow areas that 

are too unstable or too difficult to be reached on foot to be searched and cleared during search 

and rescue events and would also allow similar areas to be cleared before executing search 

warrants. 

Being in an industry that requires the use of technological solutions to address both clients needs 

and the needs of the public, the use of sUAS-assisted photography provides a safer, more 

efficient and more effective means to perform forensic evaluations. The use of sUAS-assisted 

photography not only provides a better service to clients but also improves public safety in 

several ways, including not unnecessarily putting a public servant in harms way. It is for these 

purposes that OTAC respectfully request and exemption to use sUAS for commercial purposes 

while performing aerial inspections/examinations during forensic evaluations and site surveys 

and while performing search/rescue operations and warrant executions. 

The contact information for the Petitioner is as follows: 

Michael E. O'Hem 

President 

O'Hem Traffic Accident Consultants, Inc. 

7816 Marquette Dr. S. 

Tinley Park, Illinois 604 77 

Phone:708-429-2984 

Email: otac 16@gmail.com 

II. 14 C.F.R. EXEMPTIONS REQUESTED 

The Federal Aviation Act grants the FAA the authority to issue exemptions. This statutory 

authority includes exempting civil aircraft (including UASs) from its safety regulations and 

minimum standards when the Administrator decides a requested exemption is in the public 

interest. OTAC request an exemption from several interrelated provisions of Title 14 of the Code 

of Federal Regulations Parts 21, 45, 61 and 91 for the purpose of performing operations as 

outlined in this Petition. Outlined below are the specific sections. 

O''HER<N TRAFFIC ACCIDENT CONSULTANTS, INC. 
"OTAC" Petition For Exemption 

A. 14 C.F.R. Part 21, Subpart H- Airworthiness Certificate and 14 C.F.R. § 

91.203(a)(1). 

Page 4 

Part 21, Subpart H, Airworthiness Certificates establishes the procedural 

requirements for the issuance of airworthiness certificates as required by 14 

C.F .R. § 91.203. The FAA has stated that no exemption is needed from this 

section if the UAS provides a level of safety at least equal to that of an aircraft 

used for the same purpose. As outlined in this Petition, the proposed operations of 

the specified sUAS can be operated without an airworthiness certificate and 

provide a level of safety that is equal to or greater than the rule. Since the 

necessary criteria is met, there is no need for the exemption. See Grant of 

Exemption to Astraeus Aerial, Docket No. FAA-2014-0352 (p. 13,14 and 22). 

B. 14 C.F.R. Part 27, Airworthiness Standards: Normal Category Rotocraft 

Part 27, Airworthiness Standards establishes the procedural requirements for the 

issuance of airworthiness certificates of normal category rotorcraft. To the extent 

that the sUAS outlined in this Petition would otherwise require certification under 

Part 27, OTAC seeks an exemption for the same reasons outlined in the preceding 

paragraph A (Exemption request from 14 C.F.R. Part 21, Subpart HAirworthiness Certificate and 14 C.F.R. § 91.203(a)(1)). 

C. 14 C.F.R. § 91.7(a): Civil Aircraft Worthiness 

The regulation requires in summary that a civil aircraft be in airworthy condition 

to be operated. The FAA has stated that no exemption is required for 14 C.F.R. § 

91.7(a) to the extent that the requirements of Part 21 are waived or found 

inapplicable. (Docket No. FAA-2014-0352 p. 13-14 and 22). Since no aircraft 

worthiness certificate will be issued, OTAC request the requirements for 14 

C.F.R. § 91.7(a) be waived. 

D. 14 C.F.R. § 91.9(b)(2): Civil Aircraft Manual in the Aircraft 

The regulation requires in summary that a person operating a U.S. registered civil 

aircraft, Airplane or Rotorcraft, carry in the aircraft a current approved manual, 

approved man~al materials, markings, and placards, or any combination. Given 

the size and configuration (no cabin, cockpit or storage compartment) of the 

sUAS proposed to be utilized, there is no possible way the manuals and 

documents could be kept on board. 

OT AC will provide an equivalent level of safety by having a copy of all 

documents needed by the operator to ensure safe operation and flights of the 

O''HE:R;N TRAFFIC ACCIDENT CONSULTANTS, INC. 
"OTAC" Petition For Exemption Page 5 

sUAS with the ground control station, accessible to the PIC and VO during 

operations. 

E. 14 C.F.R. § 91.203(a) and (b): Carrying Civil Aircraft Certification and 

Registration 

The regulation requires in summary that no person may operate a civil aircraft, 

unless it has within it an appropriate and current airworthiness certificate which is 

displayed at the cabin or cockpit entrance. Given the size and configuration (no 

cabin or cockpit) of the sUAS proposed to be utilized, there is no possible way the 

airworthiness certificate could be on board, much less displayed. 

F. 14 C.F.R. § 91.9( c), 45.23(b) and 45.27(a): Aircraft Marking and Identification 

Requirements 

These regulations provide in summary that no person may operate a U.S. 

registered civil aircraft unless the aircraft is identified in accordance with 14 

C.F .R. Part 45. The regulations further state that the markings include only the 

Roman capital letter "N" and the registration number and that the displayed letters 

be no smaller than 2 inches and no more than 6 inches high. The regulations state 

that on Rotorcraft the marks required in §45 .23 must be displayed on both 

surfaces of the cabin, the fuselage, boom or tail. 

The s U AS to be utilized by OT AC is not of sufficient size to meet these 

requirements. OTAC proposes mark the sUAS with identification markings in 

lettering as large as practicable. This is consistent with the previous Grants of 

Exemption (Docket No. FAA-2014-0352 and others). 

G." 14 C.F.R. § 91.103: Preflight Action 

This regulation requires in summary that each pilot in command shall, before 

beginning a flight, become familiar with all available information (runway 

lengths, take off and landing distance, etc.) concerning the flight. This information 

is not applicable to sUAS operations by OTAC in that we will not be operating on 

or near airports. OTAC proposes that an equivalent level of safety can be achieved 

by having the PIC complete a site inspection where the operation will occur and 

by completing a preflight inspection of the sUAS as directed by the manufacture's 

manuals. 

H. 14 C.F. R. § 91.105: Flight Crewmembers at Stations 

The regulation states that required crewmembers must be at their stations in the 

o~HERN TRAFFIC ACCIDENT CONSULTANTS, INC. 
"OTAC" Petition For Exemption Page 6 

aircraft during specific portions of the flight. Since the sUAS has no cabin or 

cockpit, it is incapable of carrying crewmembers. An equivalent level of safety 

will be maintained by ensuring the PIC is identified and not changed during flight 

and the VO is within voice contact at all times during the flight. 

I. 14 C.P.R.§ 91.109(a): Flight Instruction 

Th regulation provides in summary that, "no person may operate a civil aircraft 

that is being used for flight instruction unless that aircraft has fully functional dual 

controls." OTAC proposes that an equivalent level of safety will be achieved by 

conducting flight training operations within controlled environments. 

J. 14 C.P.R.§ 91.119: Minimum Safe Altitudes 

This regulation provides in summary that over sparsely populated areas, the 

aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle or 

structure. Since the sUAS will be operating at a maximum of 400 feet AGL, the 

sUAS operations cannot comply with this requirement. In addition, the PIC and 

the VO will often be less than 500 feet from the sUAS. OTAC proposes an 

equivalent level of safety, given the size, weight and speed ofthe sUAS would be 

met given the operational restrictions outlined in Section V, paragraph B of this 

Petition. 

K. 14 C .F .R. § 91.121 : Altimeter Settings 

This regulation provides in summary that a person operating an aircraft maintain a 

cruising altitude by reference to an altimeter that is set to the elevation of the 

departure airport or barometric pressure. The proposed sUAS does not have an 

altimeter. OTAC proposes that an equivalent level of safety can be obtained due 

to the fact the proposed sUAS does have a GPS that displays altitude. 

L. 14 C.P.R.§ 91.151(a): Fuel Requirements for Flight in VFR Conditions 

This regulation provides in summary that no person may begin a flight in an 

airplane under day-VFR conditions unless there is enough fuel to fly to the first 

point of intended landing and to fly after that for at least 30 minutes. The sUAS is 

operated by battery with a maximum flight time of 25 minutes. As such, this 

requirement cannot be met. OTAC proposes that an equivalent level of safety can 

be met by requiring that the battery be fully charged prior to flight and that the 

sUAS be returned when the battery reaches 25%. 

O''HEllN TRAFFIC ACCIDENT CONSULTANTS, INC. 
"OTAC" Petition For Exemption Page7 

M. 14 C.F.R. § 91.405(a), 91.407(a)(1), 91.409(a)(1), 91.409(a)(2), 91.417(a) and 

91.417(b ): Maintenance Inspections, Preventative Maintenance and Alterations 

These regulations provide in summary that the operator is responsible for 

maintaining the aircraft in an airworthy condition, including compliance with 

Parts 39 and 43. These regulations state in summary that an aircraft be approved 

to return to service by an authorized person after maintenance and inspection and 

that an airworthiness certificate be issued. These sections, in part, only apply to an 

aircraft with an airworthiness certificate. The s U AS to be utilized will be exempt 

under the granting of this Petition. 

OTAC proposes that at least an equivalent level of safety will be obtained by 

following the operation procedures set forth in Section V, paragraph B of this 

exemption in that after the sUAS has undergone maintenance or altercations 

which may affect the sUAS operation of flight (i.e. replacement of critical 

components of the UAS), the sUAS must complete a functional test prior to being 

placed back into operation. The maintenance performed and the functional test 

shall be documented in the records for the sUAS. 

N. 14 C.F.R. Part 61; § 61.3 Requirements for certificates, ratings and authorizations 

and§ 61.113(a) and (b); 61.133(a): Private Pilot Privileges and Limitations; Pilot 

in Command; Commercial Pilot Privileges and Limitations 

These regulation provide in summary that no person may serve as a required pilot 

flight crewmember of a civil aircraft unless that person: 

(1) Has a pilot certificate or special purpose pilot authorization issued 

under this part in that person's physical possession or readily accessible in 

the aircraft when exercising the privileges of that pilot certificate or 

authorization. However, when the aircraft is operated within a foreign 

country, a pilot license issued by that country may be used. 

These regulations further provide in summary that no person that holds a private 

pilot certificate may act as pilot in command of an aircraft that is carrying 

passengers or property for compensation or hire. Subparagraph (b), in summary, 

that a private pilot may act as a pilot in command, for compensation or hire, of an 

aircraft in connection with any business or employment if; 

(1) The flight is only incidental to that business or employment 

(2) The aircraft does not carry passengers or property for compensation or 

hire. 

O';HERN TRAfFIC ACCIDENT CONSULTANTS, INC. 
"OTAC" Petition For Exemption Page 8 

Due to the characteristics of the sUAS (size, weight, speed, power, operational 

limitations, type of control (remote control) and range), OTAC proposes that 

sUAS operators should not be required to hold a commercial pilot certification. 

Instead, OTAC proposes that all operators will have at least five hours as an 

sUAS pilot operating the same make and model of sUAS to be utilized for 

operations under the exemption and at least five take-off and five landings in the 

preceding 180 days. 

III. DESCRIPTION OF PROPOSED OPERATIONS 

OTAC is requesting an exemption pursuant to Section 333 of the FAA Modernization and 

Reform Act of2012 to utilize small UAS weighing less than five (5) pounds with payload to 

conduct aerial inspections/examinations during forensic evaluations and site surveys and while 

performing search/rescue operations and crime scene documentation as outlined below. OT AC 

intends to complete initial and recurrent training of its Pilot In Command (PIC) and Visual 

Observers (VO) so that they are fully versed in the safe operation of the sUAS. OTAC intends to 

conduct functional test flights following any maintenance to the sUAS to ensure it is properly 

functioning. All training and tests flights will occur within a controlled environment. 

A. Traffic Crash Investigation 

One ofthe primary services offered by OTAC is the investigation of motor 

vehicle traffic crash investigation and reconstruction. Through this investigation, 

OT AC looks at the three involved components, including the human, the vehicle 

and the environment. While investigating the vehicle and the environment, it is 

routine to photographically document the condition and evidence observed on 

either the vehicle or in the environment. Aerial images can play a crucial role in 

documenting this evidence. In some cases, the evidence is at a location that is 

unsafe or infeasible for an investigator to get to. Due to the nature of some of the 

evidence, it is often not feasible to utilize a fixed-wing or rotorcraft aircraft. The 

sUAS would allow for safe and accurate documentation of the evidence without 

risking the safety of an investigator. 

B. Law Enforcement Assistance 

OTAC associates works closely with local law enforcement agencies (state, local 

and county) and county prosecutors and have assisted in various ways to include 

search and rescue operations of lost persons and crime scene documentation. The 

use of a sUAS during these search and rescue operations would allow areas not 

readily accessible to be searched without the risk of life to persons involved to be 

searched and assessed. The sUAS would be able to cover more area in a shorter 

time and from a low altitude. For crime scene documentation, the sUAS would 

assist in documenting overall aerial views as well as documenting physical 

evidence that can be pertinent to the prosecution of the case. 

O''HE:RN TRAFFIC ACCIDENT CONSULTANTS, INC. 
"OTAC" Petition For Exemption Page 9 

IV. APPLICABLE STATUTORY AUTHORITY 

This Petition for Exemption is submitted pursuant to Section 333(a) through 333( c) of the FAA 

Modernization and Reform Act of2012. The FAA has been directed by Congress "to safely 

accelerate the integration of civil unmanned aircraft systems into the national airspace system." 

As outlined in Section 333 ofthe Reform Act, the FAA Administrator is to permit unmanned 

aircraft systems to operate in the National Air Space where it is safe to do so based on: the Size, 

Weight, Speed, Operational Capacity, Operation of the sUAS in Proximity to Airports and 

Populated Areas, and Operation of the sUAS within the Visual Line of Sight of the PIC. 

The FAA Administrator has the general authority to grant exemptions from the agency's safety 

regulations and minimum standards when the Administrator decides a requested exemption is in 

the public interest. See 49 U.S.C. § 106(f) (defining the authority of the Administrator); 49 

U.S.C. § 44701(f) (permitting exemptions from §44701(a), §44701(b) and §44702 through 

§44716, et seq.). A petitioner requesting the exemption must explain the reasons why the 

exemption would (A) benefit the public as a whole, and (B) would not adversely affect safety (or 

how it would at least provide a level of safety at least equal to the existing rules). See 14 C.F .R 

§ 11.81 (petitions for exemption). 

V. UAS OPERATIONS MEET REQUIREMENTS OF SECTION 333 OF THE FAA 

MODERNIZATION AND REFORM ACT OF 2012 

Congress had directed the FAA to consider seven factors (size, weight, speed, operational 

capacity, proximity to airports, proximity to populated areas and operation within visual line of 

sight) when approving a petition for exemption to Section 333 of the FAA Modernization and 

Reform Act of2012. Each of these factors is supported by this request. In particular, the sUAS 

discussed in this petition is a small aircraft that operates at slow speeds and low altitudes to 

complete the operation. The sUAS has additional built in safety features that allows it to safely 

land if COI?ffiunication is lost or it becomes low in power. 

The sUAS operations proposed by OTAC in this Petition for Exemption qualify for expedited 

approval pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 as each of 

the statutory criteria and relevant factors are satisfied. 

A. Approval is warranted based on the sUAS Size, Weight, Speed and Operational 

Capacity 

OTAC will utilize the DJI Phantom 2 Vision+ Quadcopter ("Phantom 2V +") for all operations 

specified in this Petition for Exemption. The Phantom 2V + has a maximum take-off weight of 

less than 3 pounds. The Phantom 2V+ has a maximum flight speed of30 knots and will not be 

flown at an altitude that exceeds 400 feet AGL. All flights will be flown in such a way that they 

O"HERN TRAFFIC ACCIDENT CONSULTANTS, INC. 
"OTAC" Petition For Exemption Page 10 

can be safely terminated with a reserve battery power of approximately 25% of the battery's 

maximum charge. The Phantom 2V + does not carry any flammable propellant or liquid fuel. The 

Phantom 2V+ has an integrated GPS system that calculates the position and height of the sUAS 

and relays that information via a secure connection to the PIC. The on-board flight computer 

receives signals for flight control from the ground control station. A PIC and VO will be within 

sight of one another and in constant communication. The Phantom 2V+ has an on-board camera 

capable of capturing high definition color images through both still photos and videos, which are 

relayed back through the ground control station. In addition, the Phantom 2V + contains gyro 

stabilized flight mode, GPS aided navigation, a compass, blinking LED's on the bottom, and a 

failsafe mode. When a connection is lost between the ground station and the Phantom 2V + or if 

the battery power falls below a safe level, the Phantom 2V + will return to a predetermined 

location and land safely without injury or damage. For additional safety, OTAC has purchased 

and installed manufacturer designed prop guard. 

DJI Phantom 2 Vision+ Specifications: 

Dimensions: 

Flight Control System: DJI Naza-M V2 which includes the GPS and compass and 

the internal measuring unit, which contains a built in sensor and 

barametric altimeter that measures both altitude and attitude. 

Transmitter: 5.728 GHz- 5.85 GHz DJI Remote Control 

Receiver: 5.8 GHz receiver built in to the DJI Phantom 2 Vision+ 

Motor: electric DJI 2312 CCW 

Data Link: 2.4 GHz USB ground modem 

Video Link: 5.8 GHz 

OSD: DJI Vision app. 

Batteries: Lithium Polymer batteries (5200mAh capacity) 

The DJI Phantom 2 Vision+ which will be utilized by OTAC is the same model approved for use 

in the FAA's Grant of Exemption to Douglas Trudeau, Docket No. FAA-2014-0481 and to 

Rimkus C~:msulting Group, Inc., Docket No. FAA-2015-0268 and numerous others. As 

acknowledged by the FAA in its grant of exemption to Douglas Trudeau, the DJI Phantom 2 

Vision+ "has the capability to operate safely after experiencing certain in-flight contingencies or 

failures and uses and auto-pilot system to maintain UAS stability and control. The UAS is also 

able to respond to a loss of GPS or lost-link event with pre-coordinated automated flight 

maneuvers." (Docket No. FAA-2014-0481 at 12). 

B. Approval is warranted based on the operational restrictions stated in the 

Operations Manual. 

OTAC will follow all operational recommendations set forth within the Manufacturer Manuals 

(including all relevant manufacturer publications such as flight manuals, user guides, instruction 

manual, maintenance manuals, training manuals, and safety/service bulletins.) for the DJI 

O''HE.HN TRAFFIC ACCIDENT CONSULTANTS, INC. 
"OTAC" Petition For Exemption Page 11 

Phantom 2 Vision+ to safely and successfully perform the operations outlined in this Petition for 

Exemption. The following is a summary of the operational limitations and conditions under 

which OT AC will operate to ensure an equivalent or higher level of operational safety than is 

currently required: 

1. The sUAS has a take-off weight ofless than five (3) pounds, fully loaded. 

2. The crew will consist of a PIC and one or more VO's. The VO(s) will remain in 

constant voice contact with the PIC throughout the duration ofthe flight. 

3. The sUAS shall be operated within Visual Line of Sight (VLOS) of the PIC and 

VO at all times. The PIC shall use human vision unaided by any device other than 

corrective lenses. 

4. Prior to each flight the PIC shall inspect the sUAS to confirm it is in a condition 

safe for flight. The Ground Control System (GCS) shall be included in the preflight inspection. The PIC shall not operate the sUAS if the inspection reveals the 

sUAS is not in sufficient condition for a safe flight, until such time that the proper 

maintenance has been performed. 

After the sUAS has undergone maintenance or altercations which may affect the 

sUAS operation of flight (i.e. replacement of critical components of the UAS), the 

sUAS must complete a functional test prior to being placed back into operation. 

The maintenance performed and the functional test shall be documented in the 

records for the sUAS. 

5. The documents required under 14 C.F.R. 91.9 and 91.203 will be available to the 

PIC at the GCS any time the sUAS is operating. These documents will be made 

available to the Administrator or any law enforcement official upon request. 

6. The sUAS shall be operated and maintained according to the Manufacturers 

Manuals and any required manufacturer safety bulletins. 

7. The PIC shall have accumulated and logged, in a manner consistent with 14 

C.F.R. § 61.51(b), a minimum of five hours as a sUAS pilot operating the same 

make and model of sUAS to be utilized for operations under the exemption and at 

least five take-off and five landings in the preceding 90 days. Training will be 

conducted pursuant to manufacturer's recommendations to ensure proficiency and 

experience-building, to include normal and emergency maneuvers, and take-off 

and landing. 

OtHER;N TRAFFIC ACCIDENT CONSULTANTS, INC. 
"OTAC" Petition For Exemption Page 12 

8. Flights will be limited to a maximum speed of approximately 30 knots and 

vertical ascent will be limited to a maximum of approximately 20 feet per second. 

9. The PIC is prohibited from beginning a flight unless (considering the wind and 

forecasted weather conditions) there is sufficient power to fly at normal cruising 

speed to the intended landing point and land the sUAS once the low battery 

warning is received. 

10. Flights will be operated at an altitude of no more than 400 feet AGL and will 

never enter navigable controlled airspace without prior written authorization and 

approval from the FAA. 

11. Flights will be operated at a lateral distance of at least 1 00 feet from any 

nonparticipating persons, unless that person is in a position where he or she is 

shielded from the sUAS and any possible debris resulting from sUAS failure. 

12. At no time will the sUAS be operated so close to person or objects to present and 

undue hazard to the PIC or VO, per § 91.119( a). 

13. Operations of the sUAS will occur at least 100 feet away from non-participating 

vehicles or structures unless the property owner/controller, if available, has 

granted permission, and the PIC has made a safety assessment of the risk of 

operating closer to those objects. At no time will the sUAS be operated so close to 

structures or vehicles to present an undue hazard to the PIC or VO, per§ 

91.119(a). 

14. The radio frequencies used for operation and control of the sUAS (2.4 Ghz) shall 

comply with the FCC requirements or other appropriate government oversight 

agency requirements. 

15. A safe predetermined location will be coordinated prior to take-off in the event 

that the sUAS loses communication with the PIC, so that the sUAS can return to 

the predetermined location and land safely. 

16. Contingency plans will be in place to safely terminate the flight if there is a loss of 

communication between the PIC and the VO. 

17. The PIC will abort the flight in the event ofunpredicted obstacles or emergencies. 

18. Flights shall occur during daylight only. Operations shall occur during daytime 

VFR Meteorological Conditions; flights under special visual flight rules (SVFR) 

shall not be conducted. Operations at night or beyond VLOS are pohibited. 

O'HEHN TRAFFIC ACCIDENT CONSULTANTS, INC. 
"OTAC" Petition For Exemption Page 13 

19. The sUAS shall not be operated from a moving vehicle. 

20. The sUAS will be identified by serial number and registered in accordance with 

14 C.F.R. part 47, and have markings in accordance with 14 C.F.R. part 45, 

Subpart C. Markings must be as large as practicable. 

21. Prior to the operation, there will be a Flight Plan setting forth the operational 

limitations and conditions for the flight operations, as well as key personnel 

contact information and a description of any potential hazards on or in the vicinity 

of the survey site. 

VI. PUBLIC INTEREST 

A national policy has been established by Congress which favors the early integration of UAS 

into the National Air Space in controlled, safe working environments consistent with those 

outlined in this Petition for Exemption. Approving this Petition for Exemption is consistent with 

fulfilling Congress's goal in passing Section 333(a) through (c) of the FAA Modernization and 

Reform Act of2012; the FAA Administrator's assessment ofwhether certain UAS may safely 

operate in the NAS prior to the completion of the statutory required rulemaking. The proposed 

sUAS operations outlined in this Petition for Exemption will improve safety and reduce risk by 

alleviating the publics's exposure to dangers posed by other inspection methods such as fixedwing aircraft, rotorcraft and or inherently dangerous scaffolding and temporary aerial work 

platforms. 

The sUAS that will be utilized by OTAC weighs less than 3 pounds fully loaded, are battery 

(rechargeable) powered, and create no emissions. In the unlikely event that the sUAS utilized by 

OTAC crashes, there is no highly flammable fuel to ignite and explode along with the fact that 

the size and weight ofthe sUAS alone with significantly reduce the danger to the PIC, VO and 

public over a fixed-wing or full size rotorcraft. In addition, OTAC will be capable of quickly 

observing and documenting conditions that may have been otherwise inaccessible utilizing 

traditional inspection methods. The use of the sUAS will reduce the potential harm to inspecting 

consultants and law enforcement by not exposing them to unnecessary hazards associated with 

some of these dangerous and unsafe conditions often presented during the inspections. 

VII. PRIVACY 

All operations conducted by OTAC will be in accordance with the applicable federal, state, or 

local laws regarding privacy. All operations conducted over private or controlled-access property 

will be with the permission from the land owner/controller or authorized representative when 

applicable or through the permission granted by law enforcement for lawful investigative 

documentation and search and rescue operations. 

O'<HE:R<N TRAFFIC ACCIDENT CONSULTANTS, INC. 
"OTAC" Petition For Exemption Page 14 

VIII. FEDERAL REGISTER EXEMPTION 

The Petitioner is seeking an exemption from publication in the Federal Register. This request is 

consistent with the decision by the FAA in Docket No.: FAA-2015-0268 which states, "The FAA 

has determined that good cause exists for not publishing a summary of the petition in the Federal 

Register because the requested exemption would not set a precedent, and any delay in acting on 

this petition would be detrimental to the petitioner." The following is a summary of the petition 

if the publication is necessary. 

The Petitioner (OTAC) is seeking an exemption from the following rules in Title 14 of the Code 

of Federal Regulations to commercially operate a lightweight unmanned UAS during safety and 

forensic assessments and documentation: 

14 C.P.R. Part 21, subpart H; 14 C.P.R. Part 27; 14 C.P.R.§ 61.113(a) and 61.113 (b); 14 

C.P.R.§ 91.7(a), 14 C.P.R.§ 91.9(b)(2), 14 C.P.R.§ 91.203(a) and 91.203(b), 14 C.P.R.§ 

91.9( c), 45.23(b) and 45.27(a), 14 C.P.R.§ 91.103, 14 C.F. R. § 91.105, 14 C.P.R.§ 91.109(a), 

14 C.P.R.§ 91.119, 14 C.P.R.§ 91.121, 14 C.P.R.§ 91.151(a), 14 C.P.R.§ 91.405(a), 

91.407(a)(l), 91.409(a)(1), 91.409(a)(2), 91.417(a) and 91.417(b), 14 C.P.R. Part 61; § 61.3, 

61.113 and 61.133(a). 

IX. CONCLUSION 

This Petition for Exemption requested by OTAC satisfies all criteria outlined in Section 333 of 

the FAA Modernization and Reform Act of2012 including the seven factors (size, weight, speed, 

operational capacity, proximity to airports, proximity to populated areas and operation within 

visual line of sight) that Congress had directed the FAA to consider when approving a petition 

for exemption. The proposed operations outlined in this Petition will benefit the public, in 

summary, by improving safety and reducing the risk by alleviating the publics's exposure to 

dangers posed by other inspection methods (such as fixed-wing aircraft, rotorcra:ft, scaffolding 

and temporary aerial work platforms). The use of the sUAS will provide a means of safely 

conducting visual assessments and documenting forensic evidence under conditions that it would 

have been infeasible or unsafe to conduct in the past. This will result in an improved service to 

our clients as well as improved safety to the public. 

O'Hern Traffic Accident Consultants, Inc. respectfully request that the FAA grant this Petition 

for Exemption without undue delay. Please feel free to contact the undersigned with any 

questions. 

Respectfully submitted, 

Michael E. O'Hern 

President, O'Hern Traffic Accident Consultants, Inc. 

O';HERN TRAFFIC ACCIDENT CONSULTANTS, INC. 
"Manufacturers Manual"(in PDF format on attached disk) 

Phantom 2 Vision Plus User Manual 

Phantom 2 Vision Plus Release Notes 

Phantom 2 Vision Plus Quick Start Guide 

Smart Flight Battery Safety Guidelines 

Phantom 2 Vision Plus Pilot Training Guide 

O'HRB;N TRAFFIC ACCIDENT CONSULTANTS, INC.