August 6, 2015

Exemption No. 12373

Regulatory Docket No. FAA–2015–1970

Mr. Adrey Arrojo

Visual Aerial Pros

15954 Southwest Sixth Street

Pembroke Pines, FL 33027

Dear Mr. Arrojo:

This letter is to inform you that we have granted your request for exemption. It transmits our 

decision, explains its basis, and gives you the conditions and limitations of the exemption, 

including the date it ends.

By letter dated May 15, 2015, you petitioned the Federal Aviation Administration (FAA) on 

behalf of Visual Aerial Pros (hereinafter petitioner or operator) for an exemption. The 

petitioner requested to operate an unmanned aircraft system (UAS) to conduct aerial 

photography and videography.

See Appendix A for the petition submitted to the FAA describing the proposed operations and 

the regulations that the petitioner seeks an exemption.

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.

Airworthiness Certification

The UAS proposed by the petitioner are the DJI Inspire 1 and DJI Phantom 3.
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The petitioner requested relief from 14 CFR part 21, Certification procedures for products 

and parts, Subpart H—Airworthiness Certificates. In accordance with the statutory criteria 

provided in Section 333 of Public Law 112−95 in reference to 49 U.S.C. § 44704, and in 

consideration of the size, weight, speed, and limited operating area associated with the 

aircraft and its operation, the Secretary of Transportation has determined that this aircraft 

meets the conditions of Section 333. Therefore, the FAA finds that the requested relief from 

14 CFR part 21, Certification procedures for products and parts, Subpart H—Airworthiness 

Certificates, and any associated noise certification and testing requirements of part 36, is 

not necessary.

The Basis for Our Decision

You have requested to use a UAS for aerial data collection1. The FAA has issued grants of 

exemption in circumstances similar in all material respects to those presented in your petition. 

In Grants of Exemption Nos. 11062 to Astraeus Aerial (see Docket No. FAA−2014−0352), 

11109 to Clayco, Inc. (see Docket No. FAA−2014−0507), 11112 to VDOS Global, LLC (see

Docket No. FAA−2014−0382), and 11213 to Aeryon Labs, Inc. (see Docket No. 

FAA−2014−0642), the FAA found that the enhanced safety achieved using an unmanned 

aircraft (UA) with the specifications described by the petitioner and carrying no passengers or 

crew, rather than a manned aircraft of significantly greater proportions, carrying crew in 

addition to flammable fuel, gives the FAA good cause to find that the UAS operation enabled 

by this exemption is in the public interest.

Having reviewed your reasons for requesting an exemption, I find that—

• They are similar in all material respects to relief previously requested in Grant of 

Exemption Nos. 11062, 11109, 11112, and 11213;

• The reasons stated by the FAA for granting Exemption Nos. 11062, 11109, 11112, and 

11213 also apply to the situation you present; and 

• A grant of exemption is in the public interest.

Our Decision

In consideration of the foregoing, I find that a grant of exemption is in the public interest. 

Therefore, pursuant to the authority contained in 49 U.S.C. 106(f), 40113, and 44701, 

delegated to me by the Administrator, Visual Aerial Pros is granted an exemption from 

14 CFR §§ 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a), 61.315(a), 91.7(a), 91.119(c), 

91.121, 91.151(a)(1), 91.405(a), 91.407(a)(1), 91.409(a)(1) and (2), and 91.417(a) and (b), to 

 

1 Aerial data collection includes any remote sensing and measuring by an instrument(s) aboard the UA. 

Examples include imagery (photography, video, infrared, etc.), electronic measurement (precision surveying, RF 

analysis, etc.), chemical measurement (particulate measurement, etc.), or any other gathering of data by 

instruments aboard the UA.
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the extent necessary to allow the petitioner to operate a UAS to perform aerial data collection. 

This exemption is subject to the conditions and limitations listed below.

Conditions and Limitations

In this grant of exemption, Visual Aerial Pros is hereafter referred to as the operator.

Failure to comply with any of the conditions and limitations of this grant of exemption will be 

grounds for the immediate suspension or rescission of this exemption.

1. Operations authorized by this grant of exemption are limited to the DJI Inspire 1 and 

DJI Phantom 3 when weighing less than 55 pounds including payload. Proposed 

operations of any other aircraft will require a new petition or a petition to amend this 

exemption.

2. Operations for the purpose of closed-set motion picture and television filming are 

not permitted. 

3. The UA may not be operated at a speed exceeding 87 knots (100 miles per hour). The 

exemption holder may use either groundspeed or calibrated airspeed to determine 

compliance with the 87 knot speed restriction. In no case will the UA be operated at 

airspeeds greater than the maximum UA operating airspeed recommended by the 

aircraft manufacturer.

4. The UA must be operated at an altitude of no more than 400 feet above ground level 

(AGL). Altitude must be reported in feet AGL.

5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. 

This requires the PIC to be able to use human vision unaided by any device other than 

corrective lenses, as specified on the PIC’s FAA-issued airman medical certificate or 

U.S. driver’s license.

6. All operations must utilize a visual observer (VO). The UA must be operated within 

the visual line of sight (VLOS) of the PIC and VO at all times. The VO may be used 

to satisfy the VLOS requirement as long as the PIC always maintains VLOS 

capability. The VO and PIC must be able to communicate verbally at all times; 

electronic messaging or texting is not permitted during flight operations. The PIC 

must be designated before the flight and cannot transfer his or her designation for the 

duration of the flight. The PIC must ensure that the VO can perform the duties 

required of the VO.

7. This exemption and all documents needed to operate the UAS and conduct its 

operations in accordance with the conditions and limitations stated in this grant of 

exemption, are hereinafter referred to as the operating documents. The operating 
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documents must be accessible during UAS operations and made available to the 

Administrator upon request. If a discrepancy exists between the conditions and 

limitations in this exemption and the procedures outlined in the operating documents, 

the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in its operating 

documents. The operator may update or revise its operating documents. It is the 

operator’s responsibility to track such revisions and present updated and revised 

documents to the Administrator or any law enforcement official upon request. The 

operator must also present updated and revised documents if it petitions for extension 

or amendment to this grant of exemption. If the operator determines that any update 

or revision would affect the basis upon which the FAA granted this exemption, then 

the operator must petition for an amendment to its grant of exemption. The FAA’s 

UAS Integration Office (AFS−80) may be contacted if questions arise regarding 

updates or revisions to the operating documents.

8. Any UAS that has undergone maintenance or alterations that affect the UAS operation 

or flight characteristics, e.g., replacement of a flight critical component, must undergo 

a functional test flight prior to conducting further operations under this exemption. 

Functional test flights may only be conducted by a PIC with a VO and must remain at 

least 500 feet from other people. The functional test flight must be conducted in such 

a manner so as to not pose an undue hazard to persons and property.

9. The operator is responsible for maintaining and inspecting the UAS to ensure that it is 

in a condition for safe operation.

10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the 

UAS is in a condition for safe flight. The pre-flight inspection must account for all 

potential discrepancies, e.g., inoperable components, items, or equipment. If the 

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is 

prohibited from operating until the necessary maintenance has been performed and the 

UAS is found to be in a condition for safe flight.

11. The operator must follow the UAS manufacturer’s maintenance, overhaul, 

replacement, inspection, and life limit requirements for the aircraft and 

aircraft components.

12. Each UAS operated under this exemption must comply with all manufacturer 

safety bulletins.

13. Under this grant of exemption, a PIC must hold either an airline transport, 

commercial, private, recreational, or sport pilot certificate. The PIC must also hold a 

current FAA airman medical certificate or a valid U.S. driver’s license issued by a 

state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal 
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government. The PIC must also meet the flight review requirements specified in 

14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

14. The operator may not permit any PIC to operate unless the PIC demonstrates the 

ability to safely operate the UAS in a manner consistent with how the UAS will be 

operated under this exemption, including evasive and emergency maneuvers and 

maintaining appropriate distances from persons, vessels, vehicles and structures. PIC 

qualification flight hours and currency must be logged in a manner consistent with 

14 CFR § 61.51(b). Flights for the purposes of training the operator’s PICs and VOs 

(training, proficiency, and experience-building) and determining the PIC’s ability to 

safely operate the UAS in a manner consistent with how the UAS will be operated 

under this exemption are permitted under the terms of this exemption. However, 

training operations may only be conducted during dedicated training sessions. During 

training, proficiency, and experience-building flights, all persons not essential for 

flight operations are considered nonparticipants, and the PIC must operate the UA 

with appropriate distance from nonparticipants in accordance with 14 CFR § 91.119.

15. UAS operations may not be conducted during night, as defined in 14 CFR § 1.1. All 

operations must be conducted under visual meteorological conditions (VMC). Flights 

under special visual flight rules (SVFR) are not authorized.

16. The UA may not operate within 5 nautical miles of an airport reference point (ARP) as 

denoted in the current FAA Airport/Facility Directory (AFD) or for airports not 

denoted with an ARP, the center of the airport symbol as denoted on the current 

FAA-published aeronautical chart, unless a letter of agreement with that airport’s 

management is obtained or otherwise permitted by a COA issued to the exemption 

holder. The letter of agreement with the airport management must be made available 

to the Administrator or any law enforcement official upon request.

17. The UA may not be operated less than 500 feet below or less than 2,000 feet 

horizontally from a cloud or when visibility is less than 3 statute miles from the PIC.

18. If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the private or controlled-access property.

19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.

20. The PIC is prohibited from beginning a flight unless (considering wind and forecast 

weather conditions) there is enough available power for the UA to conduct the 

intended operation and to operate after that for at least five minutes or with the reserve 

power recommended by the manufacturer if greater.

21. Air Traffic Organization (ATO) Certificate of Waiver or Authorization (COA). All 

operations shall be conducted in accordance with an ATO-issued COA. The 
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exemption holder may apply for a new or amended COA if it intends to conduct 

operations that cannot be conducted under the terms of the attached COA.

22. All aircraft operated in accordance with this exemption must be identified by serial 

number, registered in accordance with 14 CFR part 47, and have identification 

(N−Number) markings in accordance with 14 CFR part 45, Subpart C. Markings must 

be as large as practicable.

23. Documents used by the operator to ensure the safe operation and flight of the UAS and 

any documents required under 14 CFR §§ 91.9 and 91.203 must be available to the 

PIC at the Ground Control Station of the UAS any time the aircraft is operating. 

These documents must be made available to the Administrator or any law enforcement 

official upon request.

24. The UA must remain clear and give way to all manned aviation operations and 

activities at all times. 

25. The UAS may not be operated by the PIC from any moving device or vehicle. 

26. All Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons 

from the UA and/or debris in the event of an accident. The operator must ensure 

that nonparticipating persons remain under such protection. If a situation arises 

where nonparticipating persons leave such protection and are within 500 feet of 

the UA, flight operations must cease immediately in a manner ensuring the safety 

of nonparticipating persons; and

b. The owner/controller of any vessels, vehicles or structures has granted permission 

for operating closer to those objects and the PIC has made a safety assessment of 

the risk of operating closer to those objects and determined that it does not 

present an undue hazard.

The PIC, VO, operator trainees or essential persons are not considered 

nonparticipating persons under this exemption.

27. All operations shall be conducted over private or controlled-access property with 

permission from the property owner/controller or authorized representative. 

Permission from property owner/controller or authorized representative will be 

obtained for each flight to be conducted.

28. Any incident, accident, or flight operation that transgresses the lateral or vertical 

boundaries of the operational area as defined by the applicable COA must be reported 

to the FAA's UAS Integration Office (AFS−80) within 24 hours. Accidents must be 
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reported to the National Transportation Safety Board (NTSB) per instructions 

contained on the NTSB Web site: www.ntsb.gov.

If this exemption permits operations for the purpose of closed-set motion picture and 

television filming and production, the following additional conditions and limitations apply.

29. The operator must have a motion picture and television operations manual (MPTOM) 

as documented in this grant of exemption.

30. At least 3 days before aerial filming, the operator of the UAS affected by this 

exemption must submit a written Plan of Activities to the local Flight Standards 

District Office (FSDO) with jurisdiction over the area of proposed filming. The 3-day 

notification may be waived with the concurrence of the FSDO. The plan of activities 

must include at least the following:

a. Dates and times for all flights;

b. Name and phone number of the operator for the UAS aerial filming conducted 

under this grant of exemption;

c. Name and phone number of the person responsible for the on-scene operation of 

the UAS;

d. Make, model, and serial or N−Number of UAS to be used;

e. Name and certificate number of UAS PICs involved in the aerial filming;

f. A statement that the operator has obtained permission from property owners 

and/or local officials to conduct the filming production event; the list of those 

who gave permission must be made available to the inspector upon request;

g. Signature of exemption holder or representative; and

h. A description of the flight activity, including maps or diagrams of any area, city, 

town, county, and/or state over which filming will be conducted and the altitudes 

essential to accomplish the operation.

31. Flight operations may be conducted closer than 500 feet from participating persons 

consenting to be involved and necessary for the filming production, as specified in the 

exemption holder’s MPTOM.

Unless otherwise specified in this grant of exemption, the UAS, the UAS PIC, and the UAS 

operations must comply with all applicable parts of 14 CFR including, but not limited to, 

parts 45, 47, 61, and 91.
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This exemption terminates on August 31, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
(May 15, 2015)

U.S. Department of Transportation

Docket Management System

1200 New Jersey Ave., SE

Washington, DC 20590

Re: Exemption Request Under Section 333 of the FAA Reform Act and 

Part 11 of the Federal Aviation Regulations

Dear Sir or Madam:

Pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 

(the “Reform Act”) and 14 C.F.R. Part 11, Visual Aerial Pros, seeks an 

exemption from Federal Aviation Regulations (“FARs”) detailed below for 

(1) DJI Inspire 1, and (1) DJI Phantom3 quadcopters manufactured by DJI 

Innovations.

The requested exemption would support an application for a commercial 

Certificate of Authorization to use the system to support aerial photography 

and videography. The DJI Inspire 1 (6.5lb) and DJI Phantom3 (3lb) consist 

of a battery operated aircraft, a tablet-based ground control station and/ a 

RC Controller, and associated communications equipment. Both aircrafts 

carry an onboard geo-referenced gimbaled camera that allows it to obtain 

photography and videography.

The Unmanned Aircraft System will be operated in the field with a PIC in 

accordance with FAA Policy N 8900.227 Section 14 "Operational 

Requirements for UAS".

Visual Aerial Pros respectfully requests the grant of exemption allowing to

operate lightweight, remote controlled UAS's lawfully and safely.

Visual Aerial Pros also respectfully requests Exemption Request Section 

333 from (but not limited to) the Specific Sections of Title 14 of the Code of

Federal Regulations and part ll of the Federal Aviation. Regulations listed 

below.
14 C.F.R.45.23(b); 14 CFR Part 21; 14 CFR 61.113 (a) & (b); 91.7 (a); 91.9 

(b) (2); 91.103(b); 91.109; 91.119; 91.121~ 91.151(a); 91.203(a) & (b); 

91.405 (a); 91.407(a) (1); 91.409 (a) (2); 91.417 (a) & (b)

The extent of relief Visual Aerial Pros seeks and the reason why:

Visual Aerial Pros is seeking relief from any applicable FARs operating to 

prevent Visual Aerial Pros from conducting aerial shots of real estate and 

other possible legal flight operations. The weight of the UAS meets the 

definition of ''small unmanned aircraft” found in section 331 "The Reform 

Act”. Visual Aerial Pros seeks to operate legally as a small business that 

cater mostly to real estate agents. Realtors are not allowed to use UAS's or 

hire unless they or the person they hire, is allowed by the FAA to fly a UAS. 

Visual Aerial Pros would satisfy the need for safe and affordable aerial 

shots.

At less than 7 pounds, Visual Aerial Pros uses UAS that is considerably 

less than 55 pounds including the camera that is attached. The UAS will be 

used at speeds under 35 mph because of the nature of the business and 

the limited physical capabilities of the UAS. It is designed to hover and take 

pictures. The UAS will be in accordance with flying well below 400ft.

The UAS in which Visual Aerial Pros would be using only utilizes battery 

power for its operations. There are no combustible fuels used in the UAS 

that Visual Aerial Pros uses. The maximum flight time for our particular 

UAS is 20 minutes battery life. It will fly no more than 15 minutes maximum 

at one time at one location. The amount of time the UAS will be in the air, 

less than 400ft, is very minimal.

A Safety system in place for Visual Aerial Pros UAS includes a GPS mode 

that allows the UAS to return home if communication is lost. Further, the 

GPS onboard allows the UAS to return back to its launched position if the 

battery life of the UAS is low.
THE GROUND STATION PART OF THE SYSTEM:

A Pilot in Command (PIC) in operational control of a flight operation from 

beginning to end and who controls the UAS while in the air. Additionally, 

the line of site of the UAS will not leave the sight of the PIC.

A 2.4GHz radio transmitter/controller operated by the PIC to control the 

U.AS while in flight;

A radio receiver receiving live video,and flight data from the on-board 

camera and computer. It projects it all in one screen to the Pilot in 

Command

The UAS, weighing less than 7lbs fully loaded, is powered by batteries and 

operates with no people on board which lowers the likelihood of death or 

serious bodily injury. With a small payload consisting of harmless 

electronics such as a camera and GPS, the UASs only purpose is to be 

used as a tool to take pictures and videos.

Low level aerial photos and video from several angles are far more 

effective than ground based photos. Low level aerial video and pictures 

show the layout of properties with the advantage of seeing more in one 

photo or short video.

Current applicants have used helicopters and small planes for this purpose 

but the cost of fuel, time, and emissions of such aircraft is not efficient 

enough for most customers to afford.

The benefits of reduced cost and improved efficiency of the UAS allows 

future customers to afford this service with a faster turnaround time at a 

lesser cost.

Additionally, I respectfully request that VISUAL AERIAL PROS be allowed 

to use the UAS to benefit possible first responders our local area for 

actions that could benefit the public. Such as, fires and search and rescue.
Visual Aerial Pros will not operate a UAS near airports and generally does 

not fly over crowds. Situational awareness is most important. The areas 

where Visual Aerial Pros conducts aerial photography is predetermined 

which allows for a controlled environment to operate safely.

With allowing Visual Aerial Pros to conduct business with a light weight 

UAS, it could very well help the economy and benefit people in first 

response situations. Further, Visual Aerial Pros UAS is considerably lighter 

than the alternative which is a helicopter or small plane. Currently, Visual 

Aerial Pros has 2 UAS which only operates off 20 minutes of battery power. 

Therefore, the UAS used by Visual Aerial Pros would only have a flight time 

of 5 - 15 minutes at one time. The likelihood of injury or even death with 

such a small unmanned aircraft, compared to an aircraft flown by a person 

loaded with combustible fuel, is considerably low

SUMMARY:

Visual Aerial Pros is more than willing to follow the safety guidelines of the 

FAA Policy N 8900.227 Section 14 "Operational Requirements for UAS'1 

with the appropriate exemptions for flying a small UAS.

A-No flight will be made with a UA Gross weight exceeding 55lbs

B- All operations must occur in FAA Class G airspace at no more than 400 

ft. AGL, at an airspeed of not more than 25 knots and no further than 3/4 

NM from the Pilot In Charge

 

C- Operations will be restricted to flights over private property with the 

permission of the property owner

D- All required permits will be obtained from state and local government 

prior to operation

E- The UAS will not be operated over densely populated areas

F- The UAS will not be operated at air shows

G- The UAS will not be operated over any open-air assembly of people

H-The UAS will not be operated over heavily trafficked roads
I-The UAS will not be operated within 5 NM of an airport or heliport

J- Operations will be restricted to day only and weather conditions 

equivalent to VFR

K- The PIC will notify property owner about the operation and risk before 

the first flight at each new location;

L- No flight may be made without a Pre-Flight Inspection by the PIC before 

each operation to ascertain that the UAS is in a condition safe for flight (see 

Appendix A).

My operations above are the bare minimum safety guidelines Visual Aerial 

Pros will follow. Visual Aerial Pros is also more than willing to follow any 

additional safety requirements if not listed above.

Visual Aerial Pros believes flying its UAS as a small business within the 

safety parameters of the FAA, can help people and promote the economy.

The name and contact information of the applicant is:

Visual Aerial Pros

Attn; Adrey Arrojo

Phone: 305-431-3777

Email: VISUALAERIALPROS@GMAIL.COM

Visual Aerial Pros respectfully requests that the FAA grant its exemption 

request without delay. I very much look forward working together with you 

guys. Thank you for your time.

Respectfully,

Adrey Arrojo

Visual Aerial Pros

305-431-3777