September 3, 2015

Exemption No. 12754

Regulatory Docket No. FAA−2015−0827

Mr. Robert Wise

ImageWise Video LLC

18150 NW Clarno Court

Portland, OR 97229

Dear Mr. Wise:

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 posted to the public docket on June 2, 2015, you petitioned the Federal Aviation 

Administration (FAA) for an exemption. You requested to operate an unmanned aircraft 

system (UAS) to conduct aerial photos and videos of property or events, for purposes 

including real estate listings, insurance property claims, search and rescue, building and 

property inspections and review, land surveying or for use as a marketing tool for businesses, 

and for video/film production.

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 is a DJI Inspire 1.

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 
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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, Mr. Robert Wise 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 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.

 

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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Conditions and Limitations

In this grant of exemption, Mr. Robert Wise 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 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 

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. 
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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 

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 
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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 

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
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(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 

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.
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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.

This exemption terminates on September 30, 2017, unless sooner superseded or rescinded.

Sincerely,

/s/

John S. Duncan

Director, Flight Standards Service

Enclosures
James	M	Crotty

Manager,	Aircraft	and	Airport	Rules	Division

800	Independence	Ave	S.W.

Washington	DC	20591

Re:	Public	Docket	FAA-2015-0827	– Exemption	/	rulemaking	request

Your	name	and	mailing	address. You	may	include	other	contact	information	such	as	a	fax	

number,	telephone	number,	or	email	address;

Robert	Wise

ImageWise	Video	LLC

18150	NW	Clarno	Ct.

Portland	OR	97229

503	724	5460

Rob@imagewisevideo.com

The	extent	of	relief	you	seek	and	the	reason	you	seek	the	relief;	

14	C.F.R.	Part	21

14	C.F.R.	45.23(b)	

14	C.F.R.	61.113(a)	&	(b); 14	C.F.R.	61.133(a);	

14	C.F.R.	91.7(a);	

14	C.F.R.	91.9(b)(2)	&	(c)

14	C.F.R.	91.103;	

14	C.F.R.	91.109(a);	

14	C.F.R.	91.119;14	

C.F.R.	91.151(a);	

14	C.F.R.	91.203(a)	&	(b);	

14	C.F.R.	91.405(a);	

14	C.F.R.	91.407(a)(1);	

14	C.F.R.	91.409(a)(2);	14	C.F.R.	91.417(a).	

Sec	333	prohibits	the	use	of	a	sUAS for	commercial	purposes	on	private	property.	I	am	the	

owner	of	a	video	production	company	that	providing	video	services	for	private	and	

corporate	special	events,	and	corporate	information	and	recording	service.	I	am	

petitioning	for	an	exemption	to	provide a	commercial	service	to	private	and	public	land	

owners	and	companies	who	wish	to	obtain	and	capture	aerial	photos	and	videos	of	said	

property or	events, for	purposes	including	real	estate	listings,	insurance	property	claims,	

search	and	rescue,	building	and	property	inspections	and	review,	land	surveying	or	for	

use	as	a	marketing	tool	for	businesses. Additional	use	may	be	for	video/film	production.

I	would	like	to	be	able	to	accept	payment	for	these	services	therefore	making	this	a	

commercial	use	of	a	sUAS.
How	your	request	would	benefit	the	public	as	a	whole;

My	request	benefits	the	public	as	a	whole	by	providing	an	opportunity	for	small	business	

owners, real	estate	agents,	and	other	business	owners	who	wish	to	document	their	land,		

property,		product or	company,	to	take	advantage	of	the	lower	cost	and	technology	that	

now	exists	in	the	form	of	sUAS’s	and	allows	them	to	do	so	using	an	experienced	and	RC	

Pilot	in	Command	that	understands	how	to	safely	operate	such	technology.

Reasons	why	the	exemption	would	not	adversely	affect	safety,	or	how	the	

exemption	would	provide	a	level	of	safety	at	least	equal	to	the	existing	rule;

As	a	qualified	and	commercial	videographer	and	member	of	the	Drone	Pilots	Association,	I	

currently	exercise	many	safety	programs,	including	SAFE	technology	and	GPS	navigating.	

When	flying	for	this	commercial	purpose	I	would	be	flying	at	a	maximum	altitude	of	200	

Feet	and	flying	mostly	vertically	for	the	purposes	of	taking	photos,	decreasing	the	risk	of	

any	interference.	My	general	knowledge	of	the	aviation	safety	systems	implemented	by	

the	FAA	would	be	used	to	ensure	that	safety	would	not	be	affected	by	my	operations.	I	will	

not	be	flying	near	high	traffic	areas	including	airports,	and	I	pay	attention	to	NOTAMS	by	

following	current	alerts	at	twitter.com/amagov	or	refer	to	pilotweb.nas.faa.gov/PilotWeb/

I intend to follow these suggested safety regulations 

 Always keep aircraft in line of sight and under control.

 Accompanying me will be a second person to monitor the aircraft along with me. 

 Always keeping people and pets at least 35 feet (10 meters) away when the battery is 

connected. 

 Keep children out of the vicinity of this product at all times.

 Always use fully charged batteries and do not fly when batteries are 25% or less power 

remaining.

 Utilize auto return home prior to batteries remaining power at 25% or less.

 Not fly within 5 miles of any airport or fly in other no fly zones.

 I have installed the dji Inspire 1 propeller locks which were sent out by DJI, which ensure an 

added safety layer of propellers. 

 The auto	home	point	return	feature,	which	returns	the	aircraft	to	either	when	the	

controller	is	or	where	the	Dji	Inspire	1	initially takes	off	from.	This	can	be	used	when	

low	battery	level	customizable	thresholds	are	enabled,	or	if	the	aircraft	drifts,	for	

simple	recovery	and	automated	return	of	the	aircraft.	

Additional	safety	features	I	will	be	using	to	ensure	a	safe	and	responsible	flight	path,	

including	the	following.

VISION	POSITIONING	SYSTEM

DJI’s	new	Optical	Flow	technology	uses	a	specially	designed	camera	as	well	as	sonic	waves	

to	bring	simplicity	and	safety	when	taking	off	and	landing. These	sensors	read	the	ground	

distance	and	ensure	a	smooth	take	off,	landing	or	use	in	doors	if	applicable.	This	
technology	allows	the	Inspire	to	hold	its	position,	stop	when	the	controls	are	released,	and	

respond	to	your	commands	even	when	GPS	is	unavailable.

INTELLIGENT	POWER	MANAGEMENT	SYSTEM

A	fully	integrated	intelligent	battery	powers	the	Inspire	1	and	virtually	manages	itself.

When	in	flight, my	remaining	battery	power	is	shown	live,	letting me	know	know	how	

long	I	can	 continue	to	fly in	minutes.	Advanced	algorithms	calculate	the	distance	of	your	

aircraft	and	estimated	time	to	return	home,	letting	you	know	when	it’s	time	to	fly	back.

The	battery	tracks	the	voltage	of	each	cell,	the	total	lifetime	charges	and	discharges,	and	

the	overall	health	and	battery	status.	

SAFE FLIGHT

When GPS is available, the Home Point (the location you are standing) automatically 

refreshes, so the Inspire 1 always knows where you are even if you move around. When you 

tell it to come back, or in case of an emergency, it knows exactly where to go and land safely.

FULL-FEATURED APP

In addition to line of site, I simultaneously have access to the camera and flight system with a 

comprehensive mobile app. Everything from manual camera controls to flight telemetry, auto 

takeoff and landing are accessible on the controller and the app alike. 

 Position Hold– The DJI Inspire 1 uses GPS to hold a given location when this function is 

activated. If GPS is enabled and has a solid lock, the aircraft will hold its position when 

elevator or aileron inputs DJI Inspire 1 are at neutral.

 Throttle provides proportional thrust– The throttle responds directly to the throttle input, 

giving the pilot direct control over hovering as well as ascent and descent rates.

A summary we can publish in the Federal Register—

I, Robert Wise am seeking an exemption of the FAA’s Sec 333 rules that does not allow the use 

of a small Unmanned Aircraft to be used for Commercial purposes in regards to National 

Airspace Safety. I am simply petitioning for an exemption to provide a commercial service to 

private and public land owners and companies who wish to obtain and capture aerial photos and 

videos of said property, private or public events, real estate listings, insurance property claims, 

inspections and review, marketing tool for business. As a member of the Drone Pilots 

Associations I understanding the importance of different uses and safety concerns regarding 

FAA regulated airspace, I would be a good candidate for exemption of Sec 333 while not 

putting Air Safety in any accelerated risk. The specific sUAS (DJI Inspire 1 whose Operating 

Manual is included in my petition) I am seeking exemption with is one with many safety 

programs, including SAFE technology and GPS navigating. When flying for this commercial 

purpose I would be flying at a maximum altitude, not to exceed 500 feet and flying mostly

vertically for the purposes of taking photos, decreasing the risk of any interference. My general 

knowledge of the aviation safety systems implemented by the FAA would be used to ensure 

that safety would not be affected by my operations. I would not be flying near disaster areas 

sporting events, (unless specifically hired to do so by the organizing management) or high 
traffic areas including airports, and I would monitor and pay attention to NOTAMS. I

appreciate the FAA’s consideration of this petition for exemption.

Any additional information, views, or arguments available to support your request; 

I am fully aware of the preflight safety checks and procedures implicated in the operation 

manual for the DJI Inspire 1 and intend to implement preflight safety checks and utilize the 

safety technology provided with this unit. I intend to only fly in non-populated, residential or 

rural areas and stay clear of all utility lines etc. I intend to be fully aware of my surroundings at 

all times and to only fly the unmanned aircraft within a visual line of sight and only in Visual 

Flight Conditions and with a spotter.

I understand and will comply with all the health and safety regulations for PIC’s and will be the 

only operator under this exemption.

FCC Compliance

This device complies with part 15 of the FCC Rules. Operation is subject to the following two 

conditions: (1) This device may not cause harmful interference, and (2) This device must accept 

any interference received, including interference that may cause undesired operation. Changes 

or modifications not expressly approved by the party responsible for compliance could void the 

user's authority to operate the equipment

General Safety Precautions and Warnings I intend to follow:

 Follow FAA guidelines for safe usage of sUAS flight.

 Maintaining flight log data.

 Update the weather, wind and other factors prior to takeoff.

 I use extreme caution if operating around buildings, people or other personal or business 

property, keeping the aircraft at safe distances away. 

If you want to exercise the privileges of your exemption outside the United States, you 

must state the reason. 

Although I have no intention of using this exemption outside the United States at this time,

there may be a time in the future for limited or periodic use of the aircraft, outside the United 

States. This could be for relocation, destination videos for personal or commercial use. If used 

outside the United States, I will comply with that government’s laws, exemptions and other 

applicable regulations. 

 

I have attached a copy of the Dji Inspire 1 operating manual and providing you with the link to 

the manufacturer’s website where you can obtain more insight. 

http://www.dji.com/product/inspire-1/feature

Please contact me if I can follow up with anything else regarding my requested exemption. 

Thank you for your consideration for approval.
Sincerely,

Robert Wise

rob@imagewisevideo.com