UAS Exemption for Virginia Sky View LLC

Virginia Sky View LLC

David S. Wilton

Owner

180 Long Branch LN

Gretna, VA 24557

Re: Exemption Request Pursuant to Public Law 112-95, Section 333 of the FAA Reform Act and Part 

11 of the Code of Federal Regulations 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)

Pursuant to Section 333 of the FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 

CFR Part 11, David Wilton, owner of Virginia Sky View LLC, operator of a small Unmanned Aircraft 

System (UAS), hereby applies for an exemption from the listed Federal Aviation Regulations ("FARs")

to allow commercial operation of its UAS, so long as such operations are conducted within and under 

the conditions outlined herein or as may be established by the FAA as required by Section 333. 

The exemption would permit Virginia Sky View LLC to operate a small Unmanned Aircraft System 

(UAS) for the commercial purposes including aerial video and photography over certain areas of the 

United States. Briefly described:

1. Aerial photography and/or video for public and/or private use including real estate, 

architecture, land surveying, engineering and other related professional activities.

2. Aerial video and/or photography for public and/or private use including television, public 

events, cinematography and news gathering.

3. Aerial inspection/photography of residential/commercial structures under contract with the 

owners or local government authority.

4. Aerial inspection/photography of residential/commercial utility infrastructure including but 

not limited to electrical power lines, wind turbines and cell towers.

5. Aerial video/photography or providing live video feed to assist with search and rescue 

operations in cases of an emergency or natural disaster only when the local authorities or government 

has requested it by contract and/or donation.

6. The ability to offer training to persons individually or belonging to both private and/or public 

organizations that have interests in the use and application of a UAS for the purpose of the safe 

operation of a UAS to enhance the safety of the National Airspace System (NAS) as well as for the 

protection of the persons and property.

As described fully below, the requested exemption would permit the operation of a UAS under 

controlled conditions in the NAS that would be a) limited b) controlled c) predetermined and d) will 

provide safety enhancements to the already safe operations in the industry presently using conventional
UAS Exemption for Virginia Sky View LLC

aircraft. Approval of this exemption would thereby enhance safety and fulfill the Secretary of 

Transportation's and the FAA Administrator's responsibilities to " .... establish requirements for the safe 

operation of such aircraft systems in the national airspace system.

The name, address and contact information of the Petitioner is:

Virginia Sky View LLC

180 Long Branch LN 

Gretna, VA 24557

Phone: 434-656-2893

Email: david@virginiaskyview.com

The primary point of contact for Virginia Sky View LLC will be:

David Wilton

180 Long Branch LN

Gretna, VA 24557

Phone: 434-656-2893

Email: david@virginiaskyview.com

Regulations from which the exemption is requested:

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)

91.417(a) and (b)

Description and specifications of UAS to be used by the Virginia Sky View LLC:

DJI Phantom 3 Professional

Weight (including battery and propellers) 2.8 pounds 

Diagonal size (including propellers) 23.3 inches

Max Speed 35.8 mph (no wind)

GPS Mode GPS/GLONASS

Max Flight Time Approximately 23 minutes

DJI Phantom 3 Professional has a failsafe-automated feature of return to home in the event

that communication is lost between the ground station and the aircraft.

DJI Inspire 1 

maximum gross weight of 6 pounds 7.5 ounces

Length 17.3 inches
UAS Exemption for Virginia Sky View LLC

Width of 17.7 inches

Height of 11.8 inches

Maximum speed of 42 knots.

Max Flight Time Approximately 18 minutes

DJI Inspire 1 has a failsafe-automated feature of return to home in the event

that communication is lost between the ground station and the aircraft.

Yuneec Q500 Typhoon with CGO3 Camera

Height 9.45 inches

Width 16.54 inches

Diagonal Length W\O Rotor Blades 22.2 inches

Propeller/Main Rotor Diameter 13 inches

Weight (including battery and propellers) 2 pounds 8oz

Maximum speed of 15 MPH

Flight Time approximately 25 Minutes

Q500 has a failsafe-automated feature of return to home in the event

that communication is lost between the ground station and the aircraft.

The Petitioner will operate the UAS in line of sight within a predetermined area owned 

and/operated by the property representative. Given the small size of the UAS and the controlled 

environment provided, the proposed operations will adhere to the Reform Act's safety requirements. 

The approval of this application presents no national security issues.

Regarding the level of safety surrounding the proposed operations and the public benefit, 

reduction in environmental impacts, including but not limited to reduced emissions and noise, the grant

of the requested exemption is in the public interest. Accordingly the Petitioner requests that the FAA 

grant the requested exemption with minimum delay.

AIRCRAFT AND EQUIVALENT LEVEL OF SAFETY

The operation limitations proposed for an equivalent or higher level of safety because 

operations will further enhance the safety of persons, property and also manned aircraft in the NAS. 

These limitations and conditions to which the Petitioner, hereafter referred to as the operator, agrees to 

adhere to when conducting commercial operations under the FAA issued exemption limitations, and as 

set forth in the Flight Operations Manual (FOM) include:

1. The small UAS, as specifically designated and described in this petition, will weigh less than 55 lbs 

including payload.

2. The UA will be operated within visual line of sight (VLOS) at all times by the operator or visual 

observers. (VO).

3. The UA will remain close enough to the operator so that human vision unaided by any device other 

than corrective lenses will be used.

4. The UA will not be operated over persons not directly involved in the operation unless those persons 

remain under a covered structure.
UAS Exemption for Virginia Sky View LLC

5. The UA will only be operated during daylight (official sunrise to official sunset of local operation 

area) unless specific authorization from the FAA is granted prior to operations.

6. The operator may use VOs for certain operations and will ensure each VO is trained on procedures 

listed in the operator's FOM.

7. The UA will not be operated at a speed exceeding 87 knots (100 miles per hour) using ground speed 

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.

8. The UA will be operated at an altitude of no more than 500 feet above ground level (AGL), unless an

object to be inspected, such as an antenna, exceeds 500 feet AGL. If such structure exceeds 500 feet 

AGL, the operator will limit the flight to no more than 100 feet higher, and within 100 feet horizontally

of the structure being photographed/examined. The operator will notify the FAA and local authorities of

the proposed plan to include date, time, location and height of the object to be inspected prior to 

operations. The UA will be flown in safe manner within100 horizontal feet of the object as to not 

interfere with traffic in the NAS.

9. The UA will not be operated unless visibility is greater than day requirements listed in 14 CFR 

91.155 for the Class of airspace at the operator's ground station, on location.

10. The UA will not be operated in Class A airspace (18,000 feet and above).

11. The operator will receive ATC permission prior to operations in Class B, C, D and E airspace.

12. The operator will ensure that any VOs, if used, will only monitor one UA at any given time.

13. The operator will not allow operations from a moving vehicle or aircraft, except for watercraft on 

the water.

14. The operator will not conduct any careless or reckless operations. A flight will be terminated 

immediately as possible if the safety of the operation cannot be maintained.

15. Prior to each flight, the operator will conduct a pre-flight inspection and determine the UAS is in a 

condition for safe flight. 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, 

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

16. The operator will not operate any UAS if a physical or mental condition would prevent the safe 

operation of that aircraft.

17. When using a VO or VOs, the operator and VO must be able to communicate at all times. Radio 

communications or communication-assisting devices may be used. Electronic messaging or texting will

not be permitted during flight operations. Daisy-chaining of VOs for the purpose of expanding the 
UAS Exemption for Virginia Sky View LLC

operations area will not be permitted.

18. The operator will be responsible to see and avoid all other users of the NAS in which the UAS is 

operating.

19. The holder of this exemption will be responsible to ensure its aircraft are properly 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.

20. The UAS operator will be designated before the flight and cannot transfer his or her designation for

the duration of the flight unless a medical duress or unforeseen emergency is preventing safe operation 

of the UAS. In which case the VO, who has been deemed qualified and trained in the operation of the 

UAS, will operate the controls to land the UA in a predetermined "emergency plan" set forth by the 

operator who was granted this exemption. The holder of this exemption must ensure that VOs, if used, 

can perform the duties required of aVO.

21. Documents for UAS operations and maintenance will be made available to the FAA upon request. 

If a discrepancy exists between the conditions and limitations in this exemption and the procedures 

outlined in the FOM, the conditions and limitations herein take precedence and must be followed. 

Otherwise, the operator must follow the procedures as outlined in the FOM. The operator may update 

or revise its operating documents. It is the operator's responsibility to track such revisions and present 

revised documents to the FAA or any law enforcement official upon request. If the operator determines 

that any update or revision would affect the basis upon which the FAA granted an 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.

22. Any UAS that has undergone maintenance or alterations that affect UAS operations or flight 

characteristics, e.g. replacement of a flight critical component, must undergo an operational check 

flight prior to conducting further operations under this exemption. Operational check flights may only 

be conducted by a qualified operator familiar with the specific UAS being checked and must remain 

500 feet from any persons unless they remain under a covered structure. (NPRM wording) The 

operational check flight must be conducted in such a manner so as to not pose an undue hazard to 

persons and property.

23. The operator is responsible for maintaining and inspecting the UAS to ensure that it is in a 

condition for safe operation.

24. The operator must follow the UAS manufacturer's maintenance; overhaul, replacement, inspection, 

and life limit requirements for the aircraft and aircraft components.

25. The holder of this exemption will follow manufacturer's safety bulletins for each UAS operated 

under this exemption.

26. The holder of this exemption will ensure that each operator is 17 years or older, a US citizen and 

has a state issued driver's license.
UAS Exemption for Virginia Sky View LLC

27. The holder of this exemption will require that its operators demonstrate the ability to safely operate 

the UAS in a manner consistent with how the UAS will be operated in this petition, including evasive 

and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles and 

structures. Qualification flight hours and currency may be logged in a manner consistent with 14 CFR 

61.51 (b). Flights for the purposes of training the operator's and VOs (training, proficiency, and 

experience-building) and determining the ability to safely operate the UAS in a manner consistent with 

how the UAS will be operated, will be permitted. However, training operations may only be conducted 

during dedicated training sessions. During training, proficiency and experience-building flights will be 

conducted 500 feet from any persons that are not intended to be part of such training operations unless 

those persons remain under a covered structure.

28. The operator will use UAS that have safety features allowing it to return to a preset location if it 

loses communications with its ground station. The operator will set this pre-determined location within 

the private or controlled-access property as to minimize any possible contact with objects.

29. The operator is prohibited from beginning a flight (considering wind and forecast weather 

conditions) unless there is enough available power for the UA to conduct the intended operation and to 

operate after that with at least 20% energy reserves or with the reserve power recommended by the 

manufacturer, whichever is greater. The operator will perform training tests, in a designated training 

area as prescribed herein, to assess the true energy characteristics of the specific UAS battery system to

determine the actual flight time for reserve battery power. Said energy tests will deem the "safety" 

operating procedure for actual emergencies and useful flight time.

30. The exemption holder will ensure that operators and VOs have a copy of this exemption, the FOM 

and applicable aircraft registrations located at the ground station during operations. These documents 

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

31. All operations shall be conducted over private or controlled-access property with permission from 

the property owner/controller or authorized representative.

32. The exemption holder will be responsible to report to the FAA any small UAS operation that results

in: (1) any injury to a person; or (2) damage to property other than the small unmanned aircraft. The 

report would have to be made within 10 days of the operation that resulted in injury or damage to 

property. Accidents will be reported to the National Transportation Safety Board (NTSB) per 

instructions contained on the NTSB Web site: www.ntsb.gov. Current NTSB accident reporting is 

required when 1) Any person suffers death or serious injury. 2) Any UAS with max gross takeoff 

weight exceeding 300 pounds sustains substantial damage.

Operations for closed-set motion picture and television filming and production include the following 

limitations:

33. The operator must have a motion picture and television operations manual (MPTOM) in his/her 

possession.

34. At least 3 days before aerial filming, the operator of the UAS must submit a written Plan of 
UAS Exemption for Virginia Sky View LLC

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;

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. 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;

f. Signature of operator or representative; and

g. 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.

35. Flight operations may be conducted over/near participating persons consenting to be involved and 

necessary for the filming production, as specified in the operator's MPTOM.

The UAS to be operated hereunder is less than 55 lbs fully loaded, carries neither a pilot nor passenger, 

carries no explosive materials or flammable liquid fuels, and operates exclusively within a secured and 

designated area. Unlike other civil aircraft, operations under this exemption will be tightly controlled 

and monitored by the operator and under the requirements and in compliance with local public safety 

requirements. These safety enhancements provide a greater degree of safety to the public and property 

owners than conventional operations conducted with airworthiness certificates issued under 14 C.F.R. 

Part 21, Subpart H. All temporary or permanent registration paperwork for the UAS being operated will

be located on site at the ground station as stated in item 30 in this document.

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

Currently, the minimum pilot requirements allowed by the Federal Aviation Administration for access 

operation in the NAS is the Sport Pilot certification. Small unmanned aerial systems put even less 

stress on the body and have dramatically less potential for harm to personnel on the ground than even a 

light sport aircraft, therefore the medical requirements and commercial/private piloting requirements 

should be less than, or equivalent to that of a sport pilot. Therefore, personnel meeting the sport pilot 

requirements should be allowed to pilot small UMAS for compensation or hire, with the same or less 

physical, requirements than a sport pilot.

91.7(a)

Small UAS vehicles do not receive airworthiness certifications and therefore they cannot be required to

be airworthy (the regulatory definition) prior to flight.

91.119(c)

Minimum safe altitudes: General

Section 91.119 establishes safe altitudes for operation of civil aircraft. Section 91.119( d)( 1) allows 

helicopters to be operated at less than the minimums prescribed, provided the person operating the 

helicopter complies with any route or altitudes prescribed for helicopters by the FAA. As this 

exemption is for a UAS that is similar to a helicopter and the exemption requests authority to operate at
UAS Exemption for Virginia Sky View LLC

altitudes up to 500 AGL, or not more than 100 above a structure from which filming/examination is 

planned, an exemption may be needed to allow such operations. As set forth herein, the UAS will never

operate at higher than 500 AGL with the exception that in circumstances where the UAS is used to 

survey or photograph a structure whose height exceeds 500 feet AGL, the UAS will not be operated 

more than 100 feet above the highest point on the structure, or more that 100 feet horizontally from the 

structure, when above 500 feet, in accordance with procedures outlined in item 8 of this document. The

equivalent level of safety will be achieved given the size, weight, speed of the UAS as well as the 

location where it is operated. No flight will be taken without the permission of the property owner or 

local officials. Because of the advance notice to the property owner and participants in the 

filming/inspection activity, all affected individuals will be aware of the planned flight operations. 

Compared to flight operations with aircraft or rotorcraft weighting far more than the maximum 55 lbs.

 proposed herein and the lack of flammable fuel, noise and any risk associated with these operations is 

far less than those presently presented with conventional aircraft operating at or below 500 AGL. In 

addition, the low-altitude operations of the UAS will ensure separation between these UAS operations 

and the operations of conventional aircraft that must comply with Section 91.119. The procedures 

outlined in this document prohibit flight over persons not involved in operations unless they remain 

under a covered structure.

14 CFR 91.121

This regulation requires each person operating an aircraft to maintain cruising altitude by reference to 

an altimeter that is set " ... to the elevation of the departure airport or an appropriate altimeter setting 

available before departure." As the small UAS does not have a barometric altimeter, but instead a GPS 

altitude read out, an exemption will be needed. An equivalent level of safety will be achieved by the 

operator, pursuant to the safety check list and live flight data monitoring, confirming the altitude of the 

launch site shown on the GPS altitude indicator before flight. Flights will be conducted 500 feet above 

that read out or within 100 feet above the highest point of the structure being filmed as outlined in item 

8 of this document.

14 CFR 91.151(a)(1) 

Fuel requirements for flight in VFR conditions.

Since the proposed aerial vehicles can only fly less than 30 minutes, a 30 minute reserve will require a 

exemption. However, all small UAS proposed under this exemption do provide automatic return to 

home upon low battery reserves. Virginia Sky View standard operating procedures will require return to

home at no less than 20% battery reserve.

14 CFR 91.405 (a); 91.407(a) (1); 91.409(a)(1)(2); 91.417(a)(b): Maintenance and Inspections. These 

regulations require that an aircraft operator or owner "shall have that aircraft inspected as prescribed in 

subpart E of this part and shall between required inspections, have discrepancies repaired as prescribed 

in part 43 of this chapter ... ," and others shall inspect or maintain the aircraft in accordance with Part 

43. Part 43 only applies to aircraft with a US airworthiness certificate or foreign registered aircraft 

operating in common carriage under provisions of Part 121 or 135. These sections will not apply to the 

Virginia Sky View, who will be operating a small UAS. An equivalent level of safety will be achieved 

as the UAS will be maintained in accordance with the UAS manufacturer's instructions and limitations 

listed in the operator's FOM. The small UAS will carry a small payload and operate in a controlled area

for a limited period of time. If mechanical issues arise the UAS can land immediately and will be 

operating from no higher than 500 feet AGL, without prior FAA authorization. The operator will ensure
UAS Exemption for Virginia Sky View LLC

that the UAS is in working order prior to initiating flight, perform required and preventative 

maintenance, and keep a log of any maintenance performed. Moreover, the operator is the person most 

familiar with the aircraft and best suited to maintain the aircraft in an airworthy condition to provide 

the equivalent level of safety.

Additional Information:

The Petitioner, David Wilton, owner of Virginia Sky View LLC, has held his Commercial Pilot 

Certificate (currently No. 3077778) since 1987, and has over 2800 hours of military flight time. He has

been flying RC quad copters for 3 years. Satisfaction of criteria provided in Section 333 of the Reform 

Act of 2012 provide more than adequate justification for the grant of the requested exemptions 

allowing the commercial operation of the Petitioner's UAS.

Respectfully,

David S. Wilton

Virginia Sky View LLC