MJ Aerial Photography, LLC - Section 333 Exemption Petition

June 2nd 2015

U. S. Department of Transportation 

Docket Operations

West Building Ground Floor,

Room W12-140

1200 New Jersey Ave, SE

Washington, DC 20590

Re: Petition of Michael J Miller owner of MJ Aerial Photography, LLC. for an exemption 

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

Dear Ms,Sir;

I, Michael Miller, owner of MJ Aerial Photography, LLC, am writing pursuant to the 

FAA Modernization and Reform Act of 2012 and the procedures contained within 14 

C.F.R. 11, to request that MJ Aerial Photography, LLC, owner and operator of small

unmanned aircraft, be exempted from the Federal Aviation Regulations (“FARs”) listed

below so that MJ Aerial Photography, LLC may operate a small, ultra light weight

unmanned aircraft system (“UAS”) commercially in airspace regulated by the Federal

Aviation Administration (“FAA”).

I have many years and flight experience in helicopter RC Modeling and 

photography. I own numerous RC Helicopters and UAS’s that are equipment with video 

and still camera equipment.

This exemption would allow MJ Aerial Photography, LLC the capability to operate 

UAS’s to continue these operations benefiting the community, following exemption and 

approval by the FAA.

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MJ Aerial Photography, LLC - Section 333 Exemption Petition

MJ Aerial Photography, LLC utilizes the DJI Phantom 2 UAS. MJ Aerial Photography, 

LLC's operations with UAS’s will be at minimum altitudes needed to acquire the desired 

photographs, and well below the maximum altitude of 400’ feet. The majority of these 

flights will be accomplished at 200’ well below the maximum altitude limit. The base 

station for the DJI Phantom 2 provides real-time data: UAS’s altitude, GPS position, 

number of current satellites being received, bearing, battery levels/health, and will bring 

up a screen and sound audible alarms for predetermined altitude limits. The aircraft and 

hand held controller feature a built in 

“Land Now” or “Return to Home” feature if either the signal or battery are compromised. 

This exemption request would permit operation in limited airspace in areas away from 

the general public, airports, heliports, and vehicle traffic. All flight data is logged by the 

UAS system and all flights will be logged and will be available for any required FAA 

reports to assist with future protocol and safety regulations.

Granting MJ Aerial Photography, LLC's request comports with the Secretary of 

Transportation’s (FAA Administrator’s) responsibilities and authority to not only integrate 

UAS's into the national airspace system, but to “...establish requirements for the safe 

operation of such aircraft systems [UAS's] in the national airspace system” under 

Section 333(c) of the Reform Act specific to the use of UAS's for Aerial Photography 

purposes. Further MJ Aerial Photography, LLC will conduct operations in compliance 

with the protocols described herein or as otherwise established by the FAA. For the 

reasons stated below, MJ Aerial Photography, LLC respectfully requests grant of 

exemptions allowing me to operate ultra light weight, remote controlled UAS’s to 

provide aerial images to my customers supporting community awareness to benefit/

stimulate attraction to the State of Michigan. To operate a photography business at 

competitive rates, and provide the community safer and less intrusive flights where this 

UAS can be effective.. This will promote local economic growth through increased 

property sales, employment, and increase tax revenue to the State of Michigan.

I. Contact Information:

Michael J Miller, MJ Aerial Photography, LLC

533 W Third Street

Charlotte, MI 48813

Mobile: (517) 213-1964

Email: mike@mjaerial.com

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MJ Aerial Photography, LLC - Section 333 Exemption Petition

II. The Specific Sections of Title 14 of the Code of Federal Regulations From

Which MJ Aerial Photography, LLC Requests Exemption are:

Part 21; Subpart H:

14 CFR Part 21 45.23 (b);

14 CFR Part 61.113 (a) & (b);

14 CFR Part 21 91.7 (a) (b) Subpart H.

14 CFR Part 21 91.9 (b)(2)

14 CFR Part 21 91.103 (b)

14 CFR Part 21 91.109

14 CFR Part 21 91.119

14 CFR part 21 91.121

14 CFR Part 21 91.151 (a)

14 CFR Part 21 91.203 (a)(b)

14 CFR part 21 91.405 (a)

14 CFR 407 (a) (1);

14 CFR 409 (a) (1) &( 2)

14 CFR 417 (a) & (b).

III. The Extent of, and Reason for, relief which MJ Aerial Photography, LLC seeks:

I, Michael J Miller, submit this application in accordance with the Reform Act, 112 P.L. 95 

§§ 331-334, seeking relief from any currently applicable FARs operating to prevent my

company, MJ Aerial Photography, LLC, contemplated commercial cinematic, academic

and other flight operations within the national airspace system. The Reform Act in

Section 332 provides for such integration of civil unmanned aircraft systems into our

national airspace system as it is in the public’s interest to do so. MJ Aerial Photography,

LLC's ultra light weight UAS meets the definition of “small unmanned aircraft” as defined

in Section 331 and therefore the integration of my ultra light weight UAS is expressly

contemplated by the Reform Act. I would like to operate my ultra light weight UAS prior

to the time period by which the Reform Act requires the FAA to promulgate rules

governing such craft. Thereby, providing direct experience and valuable information for

formal regulation that can be administered uniformly to all related UAS aerial video and

photography. The Reform Act guides the Secretary in determining the types of UAS's

that may operate safely in our national airspace system. Considerations include: The

weight, size, speed and overall capabilities of the UAS's; Whether the UAS will be

operated near airports or heavily populated areas; and, Whether the UAS will be

operated by line of sight. 112 P.L. 95 § 333 (a). Each of these items reflect in favor of an

exemption for MJ Aerial Photography, LLC. MJ Aerial Photography, LLC's UAS utilizes

four (4) counter rotating propellers for balance, control and stability. It is equipped with

GPS and auto return safety technology. Weighing less than three (3) pounds (far below

the maximum 55 pound limit); including camera with gimbal.

MJ Aerial Photography, LLC considers safety as foremost with each flight. My small

unmanned aircraft is designed to hover in place via GPS and operate in less than a 23

mph wind. For safety, stability and fear of financial loss I will not fly in winds exceeding

10 mph. Built in safety systems include a GPS mode that allows my UAS to hover in

place when radio controls are released. When pilot communication is lost UAS is

designed slowly descend to point of take off. I do not operate my UAS near

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MJ Aerial Photography, LLC - Section 333 Exemption Petition

Airports, Hospitals nor Police Heliports, and do not operate near areas where general 

public is within fifty to one hundred (50-100) yards depending on location, conditions 

and weather. I am constantly on alert for any manned aircraft (Police/Medical 

Helicopters, etc.) and prepared to land/abort immediately to the nearest and safest 

ground point should a manned aircraft approach my location or I suspect manned 

aircraft may approach near my location. My UAS is capable of vertical and horizontal 

operations, and are flown only within my line of sight of me, as the remote control pilot. 

Utilizing battery power flights generally last between three (3) to seven (7) minutes, with 

an altitude under two hundred (200) feet. I utilize a fresh fully charged battery with each 

flight as a safety precaution; full flight time limit for each battery is ten (10) to thirteen 

(13) minutes as tested. I do not operate my UAS at or below manufacture recommend

minimum charge levels for operation; preferring to remain well within a safe operating

range to insure adequate communication between radio control and UAS to eliminate

potential for crash, loss of control or hazard. Reserve batteries are at hand with each

exercise to insure replacement for sufficient safe level of operation. I do not believe in

taking risk that may cause a crash, that could create hazard to the public/property/

manned aircraft, and have no desire to lose a significant investment. I have clocked

numerous practice flights in remote areas as a hobbyist simulating flights for future

commercial use to gain familiarization with the characteristics of this specific UAS's

performance under different temperature and weather conditions. I also practice

computerized simulated flights to maintain adequate skills and response reflex time. All

for the sake of safety.

I, Michael J Miller, am extremely cautious when operating of my UAS/ultra light weight 

unmanned aircraft and will not “create a hazard to users of the national airspace system 

or the public.” 112 P.L. 95 § 333 (b). Given the small size and weight of my UAS it falls 

well within Congress’s contemplated safety zone when it promulgated the Reform Act 

and the corresponding directive to integrate UAS's into the national airspace system.

IV. How MJ Aerial Photography, LLC's Request Will Benefit the Public As A Whole:

Aerial Photography/Videography for geographical awareness and for land development

and marketing has provided companies with over views of projects giving a clear vision

for future developments.

Congress has already proclaimed that it is in the public’s interest to integrate

commercially flown UAS's into the national airspace system, hence the passing of the

Reform Act. Granting MJ Aerial Photography, LLC's exemption request furthers the

public interest through academic/visual awareness of the geographical benefits in and

around the State of Michigan. It provides Michigan realtors a safe and reasonably priced

option to acquire Aerial Images without them purchasing cheap UAS’s and considering

operating without meeting FAA requirements, putting themselves and the public in

danger. My ultra light weight UAS is battery powered and creates no emissions that can

harm the environment. The consequence of my ultra light weight UAS crashing is far

less than a full size helicopter or fixed wing aircraft; which are heavy, contain

combustible fuel and can cause catastrophic devastation to the public.

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by the FAA Modernization and Reform Act of 2012);

3. My UAS only operate for 7-10 minutes per flight;

4. I land my UAS prior to manufacturer recommended minimum level of battery power;

and the base station controller provides two popup critical battery level warning 

screens.

5. I pilot my UAS through remote control only by line of sight and with a VO (visual

observer).

6. My UAS has GPS a flight safety feature whereby it hovers and then slowly lands if

communication with the remote control pilot is lost;

7.I actively analyze flight data and other sources of information to constantly update and

enhance safety protocols;

8. I only operate in reasonably safe environment that are strictly controlled, are away

from power lines, elevated lights, airports and actively populated areas;

9. I conduct extensive pre-flight inspections and protocol, during which safety carries

primary importance.

10. I always obtains all necessary permissions prior to operation.

11. I have procedures in place to abort flights in the event of safety breaches or

potential danger.

12. I will not operate in any flight conditions that exceed the manufacturers

recommended flight limitations.

13. I purchase current Sectional Aeronautical Charts and fly

o nly within the established limitations granted me by the

FAA.

14. I will contact the local Airport and get ATIS information and prior to operations

request a notice to airmen (NOTAM) for pilots in the NAS.

15. I will not fly over congested areas and will maintain 500’

feet distance from persons, vehicles, vessels and

structures.

MJ Aerial Photography, LLC - Section 333 Exemption Petition

The public’s interest is furthered by minimizing ecological and crash threat by permitting 

aerial video/photo capture through my battery operated ultra light weight UAS's. 

permitting MJ Aerial Photography, LLC to immediately fly within national air space 

furthers economic growth. Granting my exemption request substantially furthers the 

economic impact for Michigan companies looking to build projects in the area assisting 

in geographical awareness. Which serve as a stimulus to the community

V. Reasons Why MJ Aerial Photography, LLC's Exemption Will Not Adversely

Affect Safety Or How The Exemption Will Provide a Level of Safety At Least Equal

To Existing Rule:

MJ Aerial Photography, LLC's exemption will not adversely affect safety. Quite the

contrary, for the reasons stated permitting me, Michael J Miller, to log more flight time in

FAA controlled airspace, with communication with the FAA, will allow me to contribute to

the innovation and implementation of new and novel, as of yet undiscovered safety

protocols for development in cooperation with the FAA. In addition MJ Aerial

Photography, LLC submit the following representations of enhancements to current

aerial videography and photography:

1. My UAS weight is (35oz)(2.18lbs) with a payload capacity:18oz and a Maximum

Gross Take-off-weight: 53oz(3.31pounds). 

2. I only operate my UAS below 200 feet (well within the 400 foot permissible ceiling set

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MJ Aerial Photography, LLC - Section 333 Exemption Petition

MJ Aerial Photography, LLC's safety protocols provide a level of safety equal to or 

exceeding existing rules. 

1. The potential loss of life is diminished because UAS's carry no people on board and I

only operates my UAS in specific areas away from mass populations. 

2. Second, there is no fuel on board a UAS and thus the potential for fire or explosions

is greatly diminished.

3. Third, the small size and extreme maneuverability of my UAS allow me to remotely

pilot away from and avoid hazards quickly and safely.

4. Lastly, given its small size and weight, even when close enough to capture amazing

images, my UAS need not be so close to the objects they are focused on through 

the technology and use of post editing software allowing pan and zoom. Accordingly, 

my UAS has been experimentally operated for familiarization/competency and will 

continue to operate at and above current safety levels.

VI. A Summary The FAA May Publish in the Federal Register:

A. 14 C.F.R. 21 and 14 C.F.R. 91: Airworthiness Certificates, Manuals and The Like.

14 C.F.R. 21, Subpart H, entitled Airworthiness Certificates, sets forth requirements for 

procurement of necessary airworthiness certificates in relation to FAR § 91.203(a)(1). 

The size, weight and enclosed operational area of MJ Aerial Photography, LLC's UAS 

permits exemption from Part 21 because my UAS meets (and exceeds) an equivalent 

level of safety pursuant to Section 333 of the Reform Act. 

The FAA is authorized to exempt aircraft from the airworthiness certificate requirement 

under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the Reform Act. Both 

pieces of legislation permit the FAA to exempt UAS's from the airworthiness certificate 

requirement in consideration of the weight, size, speed, maneuverability and proximity 

to areas such as airports and dense populations. MJ Aerial Photography, LLC's current 

and projected UAS's meet or exceed each of the elements.

14 C.F.R. 91.7(a) prohibits the operation of an aircraft without an airworthiness 

certificate. As no such certificate will be applicable in the form contemplated by the 

FARs, this Regulation is inapplicable.

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MJ Aerial Photography, LLC - Section 333 Exemption Petition

14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As there are no 

on board pilots or passengers, and given the size of the UAS's, this Regulation is 

inapplicable. An equivalent level of safety will be achieved by maintaining a safety/flight 

manual delineating areas of where safety can be defined. The FAA has previously issued 

exemptions to this regulation in Exemption Nos. 8607, 8737, 8738, 9299, 9299A, 9565, 

9565B, 10167, 10167A, 10602, 10700 and 32827.

14 C.F.R. § 91.121 regarding altimeter settings is inapplicable insofar as my UAS utilizes 

electronic global positioning systems with a barometric sensor.

14 C.F.R. § 91.203 (a) and (b) provides for the carrying of civil aircraft certifications and 

registrations. They are inapplicable for the same reasons described above. The 

equivalent level of safety will be achieved by maintaining any such required certifications 

and registrations by me, Michael J Miller of MJ Aerial Photography, LLC.

14 C.F.R. § 45.23: Marking of The Aircraft.

Applicable Codes of Federal Regulation require aircraft to be marked according to certain 

specifications. MJ Aerial Photography, LLC's UAS are, by definition, unmanned. They 

therefore do not have a cabin, cockpit or pilot station on which to mark certain words or 

phrases. Further, two-inch lettering is difficult to place on such small aircraft with 

dimensions smaller that minimal lettering requirement. Regardless, I will mark its UASs in 

the largest possible lettering by placing the word “EXPERIMENTAL” on its fuselage as 

required by 14 C.F.R. §45.29 (f) so that I the pilot, or anyone assisting me as a spotter 

with the UAV will see the markings. The FAA has previously issued exemptions to this 

regulation through Exemptions Nos. 8738, 10167, 10167A and 10700.

14 C.F.R. § 61.113: Private Pilot Privileges and Limitations: PIC.

Pursuant to 14 C.F.R. §§ 61.113 (a) & (b), private pilots are limited to non-commercial 

operations. MJ Aerial Photography, LLC can achieve an equivalent level of safety as 

achieved by current Regulations because my UAS does not carry any pilots or 

passengers. The risks attended to the operation of my UAS is far less than the risk levels 

inherent in the commercial activities outlined in 14 C.F.R. § 61, et seq. Thus, allowing 

me, Michael J Miller, to operate my UAS meet and exceed current safety levels in 

relation to 14 C.F.R. §61.113 (a) & (b).

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

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MJ Aerial Photography, LLC - Section 333 Exemption Petition

14 C.F.R. § 91.119 prescribes safe altitudes for the operation of civil aircraft. It allows 

helicopters to be operated at lower altitudes in certain conditions. My UAS will never 

operate at an altitude greater than 400 AGL; I, Michael J Miller, will operate my UAS in 

safe areas away from public and traffic, providing a level of safety at least equivalent to 

or below those in relation to minimum safe altitudes. Given the size, weight, 

maneuverability and speed of my UAS, an equivalent or higher level of safety will be 

achieved.

14 C.F.R. 91.405 (a); 407 (a) (1); 409 (a)(1) & (2); 417(a) & (b): Maintenance 

Inspections.

C.D.E.

The above-cited Regulations require, amongst other things, aircraft owners and 

operators to “have [the] aircraft inspected as prescribed in subpart E of this part and 

shall between required inspections, except as provided in paragraph (c) of this section, 

have discrepancies repaired as prescribed in part 43 of this chapter. . . .”

These Regulations only apply to aircraft with an airworthiness certificate. They will not, 

therefore, apply to MJ Aerial Photography, LLC's UAS. However, as a safety precaution I 

inspect my UAS before and after each flight and have had it serviced and upgraded by 

the manufacturer.

A Summary The FAA May Publish in the Federal Register: A. 14 C.F.R. 21 and 14 

C.F.R. 91: Airworthiness Certificates, Manuals and The Like. 14 C.F.R. 21, Subpart H,

entitled Airworthiness Certificates, sets forth requirements for procurement of necessary

airworthiness certificates in relation to FAR § 91.203(a)(1). The size, weight and

enclosed operational area of my UAS permits exemption from Part 21 because MJ Aerial

Photography, LLC's UAS meets an equivalent level of safety pursuant to Section 333 of

the Reform Act. The FAA is authorized to exempt aircraft from the airworthiness

certificate requirement under both the Act (49 U.S.C. § 44701 (f)) and Section 333 of the

Reform Act. Both pieces of legislation permit the FAA to exempt UAS's from the

airworthiness certificate requirement in consideration of the weight, size, speed,

maneuverability and proximity to areas such as airports and dense populations. MJ

Aerial Photography, LLC's UAS meets or exceeds each of the elements. 14 C.F.R.

91.7(a) prohibits the operation of an aircraft without an airworthiness certificate. As no

such certificate will be applicable in the form contemplated by the FARs, this Regulation

is inapplicable. 14 C.F.R. § 91.9 (b) (2) requires an aircraft flight manual in the aircraft. As

there are no pilots or passengers, and given the size of the UAS's, this Regulation is

inapplicable. An equivalent level of safety will be achieved by maintaining a manual. The

FAA has previously issued exemptions to this regulation in Exemption Nos. 8607, 8737,

8738, 9299, 9299A, 9565, 9565B, 10167, maintenance program that involves regular

software updates and curative measures for any damaged hardware. Therefore, an

equivalent level of safety will be achieved.

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MJ Aerial Photography, LLC - Section 333 Exemption Petition

In summary, MJ Aerial Photography, LLC seeks an exemption from the following 

Regulations:

14 C.F.R. 21, subpart H; 14 C.F.R. 45.23(b); 14 C.F.R. §§ 61.113 (a) & (b); 14 C.F.R. § 

91.7 (a); 14 C.F.R. § 91.9 (b)(2); 14 C.F.R. § 91.103(b); 14 C.F.R. § 91.109; 14 C.F.R. § 

91.119; 14 C.F.R. § 91.121; 14 C.F.R. § 91.151(a); 14 C.F.R. §§ 91.203(a) and (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. §

91.409 (a ) (2); and, 14 C.F.R. §§ 91.417 (a) & (b)

To commercially operate small unmanned vehicle/lightweight unmanned aircraft for

photographic operations in support of the local real estate market, providing community

awareness and help develop economic platforms for companies in The State of

Michigan. I operate at low altitudes and in controlled airspace eliminating potential

public risk. These operations will allow the business community an alternative to using

full size helicopters there by providing a more economical, safer, and less intrusive

method to acquiring there promotional sales materials.

I, Michael J Miller, have been analyzing flight information and will compile safety

protocols and the implementation of a flight operations manual for Aerial Photography

usage that exceeds currently accepted means and methods for safe flight. Formal

collection of information shared with the FAA will enhance the FAA's internal efforts to

establish protocols for complying with the FAA Modernization and Reform Act of 2012.

There are no personnel on board MJ Aerial Photography, LLC's UAS and therefore the

likelihood of death or serious bodily injury is significantly diminished. My, Michael J

Miller’s operation of my UAS, weighing less than 5 pounds and traveling at lower

speeds within limited areas will provide an equivalent level of safety as that achieved

under current FARs. Accordingly, MJ Aerial Photography respectfully request that the

FAA grant my exemption request and I am willing to cooperate in sharing information to

benefit the FAA, the safety of manned aircraft, and the general public at large.

Respectfully submitted,

Michael J Miller

MJ Aerial Photography, LLC

Charlotte, MI 48813

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MJ Aerial Photography, LLC - Section 333 Exemption Petition

Appendix A

Five Mile Radius

Restricted Flight Areas.

Lansing, Michigan

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1. Review sectional maps for proximity to Airports and Helipads.

2. Contact respective airport to advise of estimated flight time, estimated flight duration,

estimated elevation of flight, and any other pertinent information.

3. Inspect area of operation for any flight hazards; Towers, Power lines, Trees, Radio Towers,

General Public.

4. Locate safe primary landing site and an alternative.

5. Check ATIS weather for wind advisory and NOTAM’s or other conditions that my impact flight.

Takeoff and landing

1.Select best pad for takeoff and landing

2. Post warning sign in residential areas.:

"Attention Aerial Photography In Progress - Remain Back 150 Feet "

3. Review flight plan with observer.

4. Use preflight checklist prior to take off.

5. Scan area with observer prior to flight and maintain awareness of any flight conflicts.

6. Remained prepared for emergency landing at all times

7. Stay constantly aware of flight time.

8. Disconnect battery on Landing.

MJ Aerial Photography, LLC - Section 333 Exemption Petition

Appendix B

Flight Protocols

Flight safety is the first priority for all flights and following established protocols is 

essential. 

Preflight inspection of both the aircraft and the area of operation must be preformed 

without exception.

Flight systems and protocols must be maintain within limits to provide a safe flight for 

everyone within proximity of the area of operation. 

Pre-Flight Protocol:

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Take-off Time Land Time Total Flight Time Accumulated Flight Time

Wind Speed Temperature Camera Operator Camera Type

Battery # Condition Cycles Start Voltage End Voltage

Flight Authorization Information Purpose of Flight

Protocols and Controls

Aerial Community and Real Estate Videos

Post flight:

Emergency or Suspected Hazard:

Immediate land UAS at safest and closet ground location in the event

o manned aircraft is heard or seen in vicinity of flight

o there is a public gathering within established safety boundary wanting to observe flight 

o pilot is being distracted from focusing on flight and safety

o sudden change in weather (wind bursts)

o sudden increase in vehicular traffic in vicinity of flight

o birds enter into proximity of flight

o any sudden unsafe event that can cause collision, distraction or interruption of control 

a. disconnect battery to prevent accidental activation of propulsion system

b. secure UAS in a safe location

c. remove all warning signs from public access areas

MJ Aerial Photography, LLC - Section 333 Exemption Petition Flight log

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MJ Aerial Photography, LLC - Section 333 Exemption Petition

Appendix C

Safety/Flight Manual

Safety Flight Manual

Aerial Community and Real Estate Videos

Safety for public on the ground as well as manned aircraft above is an essential and utmost consideration for aerial videos and photography. 

Maintaining a record of safe flight for FAA request and for determining future UAS safety protocols is imperative.

Date:____________________ Location: ___________________________________________________ 

Pre-flight Inspection: Yes No Comment: _________________________________________________

Elements

Comment

Weather

Good

Fair

Visibility

Good

Fair

Wind Speed

Low

Medium

Proximity to airport: _________________ (see attached map pinpointing approximate location of flight) 

Airport notified Yes No Date:_______________ Time: ______________

Phone Number: _______________________ Contact Name: ___________________________________

Nearest major intersection: ______________________________________________________________ 

Proximity to medium traffic road: _________________________________________________________ 

Proximity to heavily traveled roadway road: _________________________________________________ 

Proximity to congested population: ________________________________________________________

Approx. Takeoff Time

Approx. Landing Time

Estimated Elevation

Safety Concerns:

Additional Comments:

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