Docket # ____________________________

Petition for an Exemption to allow commercial operations of a sUAS by Indy Drone 

LLC

Pursuant to Section 333 of the FAA Modernization and Reform act, Jolyon Dekker, 

doing business as Indy Drone LLC, hereby applies for an exemption from the following 

sections of 14 CFR: 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) & (b), 61.315(a), 

91.7(a), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(1), and 91.417(a) 

& (b), to the extent necessary to allow Indy Drone LLC to operate a UAS to perform 

aerial data collection. This petition was prepared by the petitioner without legal counsel.

Submitted October 14, 2015
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Petitioner Information

Jolyon Dekker DBA “Indy Drone LLC”

12335 Eddington PL

Fishers, Indiana, 46037

jolyon.dekker@indy-drone.com

317.436.1421

Introduction:

Jolyon Dekker, doing business as “Indy Drone LLC” petitions to operate the DJI 

Phantom 3 UAS commercially for the following purposes:

• Aerial photography and cinematography of residential real estate, commercial real 

estate, and construction sites in and around the Indianapolis metro area.

• Aerial photography and cinematography of events.

• Aerial inspection of agricultural land for the purpose of helping farmers with yield 

estimation and crop insurance claims.

• Provide no-cost aerial imaging capabilities to local fire and law enforcement 

officials only if requested.

Based on feedback from local business owners that would utilize Indy Drone for aerial 

data collection services, there is tremendous opportunity for a thriving and growing 

business by harnessing this powerful new technology.
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UAS Information:

The DJI Phantom 3 is a GPS equipped quadcopter with attached digital video camera and 

a portable ground station operating in the 2.4 GHz frequency range. It has a maximum 

airspeed of 32 knots and a gross weight of 2.8 pounds.

• Indy Drone LLC will operate the UAS in accordance with the procedures 

and guidance set forth in the most current version of the User Manual as 

produced by the manufacturer. The most current version of the manual 

will be carried with the PIC on all flights.

• The UA’s maximum flight altitude setting will be programmed to an 

altitude lower than the maximum altitude for the COA each flight is 

operating under.

• The UAS will not be used in commercial operations unless the most 

current firmware is installed in the ground control station, UA, and each 

battery. Firmware updates will be noted in the maintenance log.

• The operator will track maintenance for each UAS using a maintenance 

log. No UAS will be permitted to operate with an “open item” on the 

maintenance log. See sample log sheet included with petition.

• Only DJI approved or produced parts will be used for repairs and 

maintenance to the UAS.

Multiple recent exemptions have been approved utilizing the DJI Phantom 3 including 

numbers 13126 (Hoverstat) & 13125 (Keeton). Indy Drone LLC intends to operate this 

UAS in a manner similar in all material respects to others that have been granted.

PIC Information:

The PIC will hold either an airline transport, commercial, private, recreational, or sport 

pilot certificate. The PIC will 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 will 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. 

No pilot will be permitted to be PIC until he/she demonstrates to the operator 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 will be logged in a manner consistent with 14 CFR § 61.51(b).

These qualifications are similar in all material respects to the conditions and limitations 

established for PICs in exemption numbers 13126 and 13125.
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Regulations from which Indy Drone LLC is seeking exemption:

14 CFR 61.23(a) and (c)

• Reason for relief: Necessary to meet requirements stated in “PIC Information” 

section of this petition.

• Indy Drone Procedures for equivalent level of safety: The PIC will hold either 

an airline transport, commercial, private, recreational, or sport pilot certificate. 

The PIC will 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 will 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. 

61.101(e)(4) and (5)

• Reason for relief: Necessary to meet requirements stated in “PIC Information” 

section of this petition.

• Indy Drone Procedures for equivalent level of safety: No Recreational pilot 

will be permitted to be PIC until he/she demonstrates to the operator 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 will be logged in a manner consistent 

with 14 CFR § 61.51(b).

61.113(a) & (b)

• Reason for relief: Necessary to meet requirements stated in “PIC Information” 

section of this petition.

• Indy Drone Procedures for equivalent level of safety: No Private pilot will be 

permitted to be PIC until he/she demonstrates to the operator 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 will be logged in a manner consistent with 

14 CFR § 61.51(b).
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61.315(a)

• Reason for relief: Necessary to meet requirements stated in “PIC Information” 

section of this petition.

• Indy Drone Procedures for equivalent level of safety: No Sport pilot will be 

permitted to be PIC until he/she demonstrates to the operator 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 will be logged in a manner consistent with 

14 CFR § 61.51(b).

91.7(a)

• Reason for relief: The DJI Phantom 3 does not require an airworthiness 

certificate in accordance with 14 CFR Part 21, subpart H. 

• Indy Drone Procedures for equivalent level of safety: Prior to each flight, the 

PIC shall conduct a pre-flight inspection and determine the UAS is in a condition 

for safe flight. The pre-flight inspection shall 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 shall be

prohibited from operating until the necessary maintenance has been performed 

and the UAS is found to be in a condition for safe flight. 
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91.121

• Reason for relief: The DJI Phantom 3 is not equipped with a barometric altimeter.

• Indy Drone Procedures for equivalent level of safety: The aircraft uses GPS to 

determine altitude and send back this information to the PIC. The system as 

designed by the manufacturer is adequate to comply with any altitude restrictions 

as determined by the administrator. 

91.151

• Reason for relief: The DJI Phantom 3 is electric powered, and does not have 

sufficient battery life to comply with this regulation.

• Indy Drone Procedures for equivalent level of safety: The PIC shall not begin

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.

91.203 (a) and (b)

• Reason for relief: The DJI Phantom 3 does not require an airworthiness 

certificate in accordance with 14 CFR 21, Subpart H

• Indy Drone Procedures for equivalent level of safety: Not Applicable
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91.405(a), 91.407(a)(1), 91.409(a)(1), 91.417(a) and (b)

• Reason for relief: These maintenance, repair, inspection and record keeping 

requirements are not necessary for a UAS without an airworthiness certificate.

• Indy Drone Procedures for equivalent level of safety: Indy Drone shall be 

responsible for maintaining and inspecting the UAS to ensure that it is in a 

condition for safe operation. Prior to each flight, the PIC shall 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. 

Any UAS that has undergone maintenance or alterations that affect the UAS 

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

shall undergo a functional test flight prior to conducting further operations. 

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 shall be 

conducted in such a manner so as to not pose an undue hazard to persons and 

property.

The operator will track maintenance for each UAS using a maintenance log. No 

UAS will be permitted to operate with an “open item” on the maintenance log. 

See sample log sheet included with petition. All maintenance log sheets shall be 

maintained by the operator for the life of the aircraft, and shall be made available 

on request to the Administrator or an authorized representative of the National 

Transportation Safety Board.
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Public Interest Statement:

Approval of this petition is in the public interest for several reasons.

• Real estate is a large and highly competitive business in America. Affordable 

aerial imaging will give homeowners and real estate professionals an edge on 

their competition in the market.

• Aerial imaging of crops throughout the growing season allows farmers to be more 

precise in their application of fertilizers, pesticides, etc. This reduces the 

environmental impact of applying such products, and also helps the farmer be 

more profitable.

• Making no cost aerial imaging available for local authorities will provide a 

valuable resource for many situations, most notably search & rescue in large open 

areas.

Overall Equivalent Level of Safety:

As an Airline Transport Pilot with operational experience under FAR Parts 91, 91(k), 121, 

and 135, Mr. Dekker is acutely aware of the importance of safety, and the ramifications 

of failure.

This exemption will not adversely affect the safety of the national airspace system. Given 

the small size, lightweight construction, slow speed, lack of onboard crew, and lack of 

flammable fuel on board, the operation of this UAS for aerial data collection is equal to 

or greater than the safety of doing so in any other category or class of aircraft.
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Conditions & Limitations:

Indy Drone LLC will operate under the conditions and limitations that are similar in all 

respects to those granted by the Administrator in Exemption No.13125 (Keeton, Docket 

No. FAA-2015-3009). The only deviation from the conditions and limitations of 

Exemption No. 13125 is that Indy Drone LLC will be operating the Phantom 3 aircraft 

only. Those conditions are as follows:

1. Operations authorized by this grant of exemption are limited to the 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 
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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. 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. 
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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 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-
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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. For tethered UAS operations, the tether line must have colored pennants or 

streamers attached at not more than 50 foot intervals beginning at 150 feet above 

the surface of the earth and visible from at least one mile. This requirement for 

pennants or streamers is not applicable when operating exclusively below the top

of and within 250 feet of any structure, so long as the UA operation does not 

obscure the lighting of the structure. 

19. 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. 

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

emergencies. 
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21. 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. 

22. 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. 

23. 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. 

24. 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. 

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

activities at all times. 

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

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

persons, vessels, vehicles, and structures unless: 

1. 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 
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immediately in a manner ensuring the safety of nonparticipating persons; 

and 

2. 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. 

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

nonparticipating persons under this exemption. 

28. 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.

29. 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. 

30. 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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Statement for Federal Register:

Pursuant to Section 333 of the FAA Modernization and Reform act, Indy Drone LLC is 

applying for an exemption from the following sections of 14 CFR: 61.23(a) and (c), 

61.101(e)(4) and (5), 61.113(a) & (b), 61.315(a), 91.7(a), 91.119(c), 91.121, 91.151, 

91.405(a), 91.407(a)(1), 91.409(a)(1), and 91.417(a) & (b).

This exemption will permit Indy Drone to safely operate small Unmanned Aircraft. Indy 

Drone will perform aerial photography, aerial crop inspections, and provide voluntary nocost assistance to local authorities if requested.

Conclusion

Jolyon Dekker, DBA Indy Drone LLC is applying for an exemption from the following 

sections of 14 CFR: 61.23(a) and (c), 61.101(e)(4) and (5), 61.113(a) & (b), 61.315(a), 

91.7(a), 91.119(c), 91.121, 91.151, 91.405(a), 91.407(a)(1), 91.409(a)(1), and 91.417(a) 

& (b) to the extent necessary to safely operate the DJI Phantom 3 UAS in commercial 

operations. This petition is similar in all material respects to numerous exemptions that 

have been previously approved.

Submitted October 14, 2015.