March 20, 2015 

 Exemption No. 11218 

 Regulatory Docket No. FAA−2014−0953 

Joel A. Glastetter 

Owner/Operator 

Saratoga Aerial Photo and Video, a division of SillyCar Design 

1077 Rock City Road 

Rock City Falls, NY 12863 

Dear Mr. Glastetter: 

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. 

The Basis for Our Decision 

By letter dated November 10, 2014,1 you petitioned the Federal Aviation Administration 

(FAA) on behalf of Saratoga Aerial Photo and Video, a division of SillyCar Design 

(hereinafter petitioner or operator) for an exemption from part 21 subpart H; and §§ 45.23; 

61.113(a) and (b); 91.7(a); 91.9(b)(2); 91.103(b); 91.109; 91.119; 91.121; 91.151(a); 

91.203(a) and (b); 91.405(a); 91.407(a)(1); 91.409(a)(2); and 91.417(a) and (b) of Title 14, 

Code of Federal Regulations (14 CFR). The exemption would allow the petitioner to operate 

the DJI PhantomVision 2+ unmanned aircraft system (UAS) to conduct aerial photography. 

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 petitioner.

 

1 By letter dated January 22, 2015, and posted to the public docket on the same day, the petitioner responded to 

the FAA’s Request for Information.
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Airworthiness Certification 

The UAS proposed by the petitioner is a DJI Phantom 2 Vision+

. The DJI Phantom Vision 2+ 

weighs less than 7 pounds with payload and has an altitude and distance limiting function that 

restricts the UAS from exiting the established operating area. The DJI Phantom 2 Vision+’s 

recommended maximum airspeed is 29 knots. 

In accordance with the statutory criteria provided in Section 333 of P.L. 112-95 in reference 

to 49 USC § 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 

petitioner’s requested relief from 14 CFR part 21, 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 photography and videography. The FAA has 

issued grants of exemption in circumstances similar in all material respects to those presented 

in your petition. In Grant of Exemption No. 11153 to Burnz Eye View, Inc. (see Docket No. 

FAA-2014-0519), 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. The FAA also found that UAS provide an 

additional tool for the aerial photography industry, adding a greater degree of flexibility, 

which supplements the current capabilities offered by manned aircraft. 

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 No. 11153; 

 the reasons stated by the FAA for granting Exemption No. 11153 also apply to the 

situation you present; 

 although you did not request relief from § 91.409(a)(1) Inspections, for the reasons stated 

in Grant of Exemption No. 11153 (Burns Eye), relief is granted subject to the conditions 

and limitations provided below; 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, Saratoga Aerial Photo and Video, a division of SillyCar 
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Design, is granted an exemption from 14 CFR 61.113(a), 91.7(a), 91.119(c), 91.121, 

91.151(a), 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 petitioner to operate a UAS for the purpose of aerial photography. This 

exemption is subject to the conditions and limitations listed below. 

Conditions and Limitations 

Relative to this grant of exemption, Saratoga Aerial Photo and Video, a division of SillyCar 

Design, is hereafter referred to as the operator. 

 

The petition and the following supporting documentation are hereinafter referred to as the 

operating documents: 

1. Saratoga Aerial Photo and Video- Flight Checklist 

2. DJI Phantom Vision 2+ Official Specs 

3. Saratoga Aerial Photo and Video response for additional information dated 22 Jan 2015. 

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 following aircraft 

described in the operating documents which is a quad-copter weighing less than 7 

pounds: DJI Phantom 2 Vision+

 Unmanned Aircraft System. Proposed operations of 

any other aircraft will require a new petition or a petition to amend this grant. 

2) UAS operations under this exemption are limited to conducting aerial 

photography. 

3) The UA may not be flown at ground speed exceeding 29 knots (15m/s). 

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

(AGL). All altitudes reported to ATC must be 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 medical certificate. 

6) All operations must utilize a visual observer (VO). 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 
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duration of the flight. The PIC must ensure that the VO can perform the functions 

prescribed in the operating documents. 

7) The VO must not perform any other duties beyond assisting the PIC with seeing 

and avoiding other air traffic and other ground based obstacles/obstructions and is 

not permitted to operate the camera or other instruments. 

8) The operating documents and this grant of exemption 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 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 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. 

9) Prior to each flight the PIC must inspect the UAS to ensure it 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 and the UAS is found to be in a condition for safe flight. The 

Ground Control Station must be included in the preflight inspection. All 

maintenance and alterations must be properly documented in the aircraft records. 

10) 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. The PIC who conducts the functional test flight 

must make an entry of the flight in the UAS aircraft records. 

11) The preflight inspection must account for all potential discrepancies, e.g. 

inoperable components, items, or equipment, not already covered in the relevant 

sections of the operating documents. 

12) The operator must follow the UAS manufacturer’s aircraft/component, 

maintenance, overhaul, replacement, inspection, and life limit requirements. 

13) The operator must carry out its maintenance, inspections, and record keeping 

requirements, in accordance with the operating documents. Maintenance, 
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inspection, alterations, and status of replacement/overhaul component parts must 

be noted in the aircraft records, including total time in service, description of work 

accomplished, and the signature of the authorized person returning the UAS to 

service. 

14) The UAS operated under this exemption must comply with all manufacturer Safety 

Bulletins. 

15) The authorized person must make an entry in the aircraft record of the corrective 

action taken against discrepancies discovered between inspections. 

16) The PIC must possess at least a private pilot certificate and at least a current 

third- class medical certificate. 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. 

17) The operator may not permit any PIC to operate unless the PIC meets the operator’s 

qualification criteria, completes the operator’s UAS training, and 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. 

The VO is also required to complete any training requirements for VOs. A record of 

training must be documented and made available upon request by the Administrator. 

 Flights for the purposes of training the operator’s PICs and VOs (training, 

proficiency, and experience-building), are permitted under the terms of this 

exemption. However, training operations may only be conducted during dedicated 

training sessions. 

18) UAS operations may not be conducted during night time, 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. 

19) The UA may not operate within 5 nautical miles of an airport reference point as 

denoted on a current FAA-published aeronautical chart unless a letter of agreement 

with that airport’s management is obtained, and the operation is conducted in 

accordance with a NOTAM as required by the operator’s COA. The letter of 

agreement with the airport management must be made available to the Administrator 

upon request. 

20) 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. 
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21) If the UAS loses communications or loses its GPS signal, the UA must return to a 

pre-determined location within the planned operating area and land, or be 

recovered in accordance with the operating documents. 

22) The PIC must abort the flight in the event of unpredicted obstacles or 

emergencies, in accordance with the operating documents. 

23) The PIC is prohibited from beginning a flight unless (considering wind and 

forecast weather conditions) there is enough power to fly at normal cruising 

speed to the intended landing point and land the UA with 25% battery power 

remaining. 

24) The operator must obtain an Air Traffic Organization (ATO) issued Certificate of 

Waiver or Authorization (COA) prior to conducting any operations under this grant 

of exemption. This COA will also require the operator to request a Notice to Airman 

(NOTAM) not more than 72 hours in advance, but not less than 48 hours prior to the 

operation. All operations shall be conducted in accordance with airspace 

requirements in the ATO issued COA including class of airspace, altitude level and 

potential transponder requirements. 

25) 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. 

26) Before conducting operations, the radio frequency spectrum used for operation and 

control of the UA must comply with the Federal Communications Commission 

(FCC) or other appropriate government oversight agency requirements. 

27) The 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 UAS is 

operating. These documents must be made available to the Administrator or any 

law enforcement official upon request. 

28) The UA must remain clear and yield the right of way to all manned operations 

and activities at all times. 

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

30) The UA may not be operated over congested or densely populated areas. 
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31) Flight operations must be conducted at least 500 feet from all nonparticipating 

persons, 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 and/or; 

b. The aircraft is operated near vehicles or structures where the owner/controller of 

such vehicles or structures has granted permission 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, and; 

c. Operations nearer to the PIC, VO, operator trainees, or essential persons do not 

present an undue hazard to those persons per § 91.119(a). 

32) 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. 

33) 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. 

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 March 31, 2017, unless sooner superseded or rescinded. 

Sincerely, 

/s/ 

John S. Duncan 

Director, Flight Standards Service