1

November	10,	2015

Department	of	Transportation	

Docket	Management	System

1200	New	Jersey	Ave.,	SE	

Washington,	DC	20590

RE:	Bentley	Systems,	Incorporated petition for	exemption	Pursuant	to	Section	333	of	the	FAA	

Modernization	and	Reform	Act	of	2012

To	whom	it	may	concern:

Pursuant	to	Section	333	of	the	FAA	Modernization	and	Reform	Act	of	2012	(Reform	Act)	and	14	

C.F.R.	Part	11,	Bentley	Systems,	Incorporated (hereinafter	referred	to	as	"Bentley	Systems" or	

“Petitioner”)	hereby	applies	for	a	Grant	of	Exemption	from	the	Federal	Aviation	Regulations	

(FARs)	identified	below,	and	Petitioner	also	applies	for	a	Certificate	of	Waiver	or	Authorization	

to	operate	small	unmanned	aerial	vehicles	(i.e.,	small	unmanned	aircraft	systems	or	UAS)	for	

flights	at	or	below	200	feet	for	aircraft	that	weigh	less	than	55	pounds,	operate	during	daytime	

Visual	Flight	Rules	(VFR)	conditions,	operate	within	visual	line	of	sight	(VLOS)	of	the	pilots,	and	5	

nautical	miles	(NM)	away	from	airports	or	heliports,	for	the	purpose	of	conducting	aerial	

imaging,	data	collection,	and	remote	sensing.	

In	particular,	Bentley	Systems	seeks	permission	to	operate	the	following	vehicles:	the	DJI	

Phantom	series,	DJI	Spreading	Wings	series,	DJI	Inspire	series,	3D	Robotics	X8,	3D	Robotics	X8+.	

Bentley	Systems	respectfully	submits	that	this	Petition	for	Exemption	qualifies	for	expedited	

approval,	as	the	Federal	Aviation	Administration	(FAA)	has	previously	issued	grants	of	

exemption	in	circumstances	similar	in	all	material	respects	to	those	presented	herein.

Background	and	Description

At	its	core,	Bentley	Systems	is	a	software	development	company	that	supports	the	professional	

needs	of	those	responsible	for	creating	and	managing	the	world’s	infrastructure,	including	

roadways,	bridges,	airports,	skyscrapers,	industrial	and	power	plants	as	well	as	utility	networks.

Bentley	delivers	solutions	for	the	entire	lifecycle	of	the	infrastructure	asset,	tailored	to	the	

needs	of	the	various	professions	– the	engineers,	architects,	planners,	contractors,	fabricators,	

IT	managers,	operators	and	maintenance	engineers	– who	will work	on	and	work	with	that	asset	

over	its	lifetime.	Comprised	of	integrated	applications	and	services	built	on	an	open	platform,	

each	solution	is	designed	to	ensure	that	information	flows	between	workflow	processes	and	

project	team	members	to	enable	interoperability	and	collaboration.	
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The	ability	to	use	UAS	would	benefit	and	further	the	Bentley	Systems	mission	in	developing	

software	to	sustain	infrastructure.	Bentley	Systems	respectfully	seeks	an	exemption	for	civil	

operations	of	small-unmanned aircraft.

In	accordance	with	14	C.F.R.	§	11.81(a),	Bentley	Systems	provides	the	following	information	in	

support	of	its	petition for	exemption.

The	name	and	address	of	Petitioner	is	as	follows:

Bentley	Systems,	Incorporated

685	Stockton	Drive

Exton,	PA	19341

The	contact	information	for Petitioner is	as	follows:

Casey	Bentley

685	Stockton	Drive

Exton,	PA	19341		

Phone:	610.458.2714

Email:	Casey.Bentley@Bentley.com

Description	of	Proposed	Operations

Bentley	Systems	seeks	an	exemption	pursuant	to	Section	333	of	the	Reform	Act	to	use	a	number	

of	different	UAS	platforms	for	aerial	data	collection	in	support	of	developing	software	to	

support	global	infrastructure.	In	furtherance	of	its	stated	mission,	Bentley	Systems	seeks	to	use	

UAS	in	order	to	continue	pursuing	innovative	research	and	providing	software	solutions.

The	proposal	is	designed	to	establish	a	reasonable	methodology	to	test	specific	types	and	

platforms	of	sUAS,	in	a	variety	of	environments	and	to	enable	the	safe	and	efficient	deployment	

of	commercial	sUAS.	

The	outputs	of	safe,	reliable,	and	regulatory	compliant	operations	of	sUAS	provide	economic	

benefits	historically	unparalleled	since	the	invention	of	flight,	benefitting	stakeholders	at	every	

level,	both	public	and	private.	

Lawful,	safe	aerial	robotics	operations	will	create	new	high-tech	employment	that	will	stimulate	

city	and	state	governments;	create	new	small	and	large	businesses. Among	other	uses, Bentley	
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wishes	to	investigate	how	sUAS could	be	used	to	further	its	mission	to	“support	the	enterprises	

and	professionals	who	design,	build,	and	operate the	world’s	infrastructure...”.	This	would	allow	

organizations,	both	public	and	private,	to	better	build,	operate,	and	maintain	infrastructure	

assets	in	this	country	and	globally	resulting	in	better	roads	and	safer	bridges,	to	name	a	few.

Grant	of	this	petition	would	enable	the	research	and	operational	development	of	necessary	

industry	infrastructure	to	enable	the	safe	and	efficient	acceleration	of	these	significant	public	

benefits	to	the	United	States	public.

Previous	Exemptions	granted	for	similar	operations:

Exemption	No.	11521 to	SkyWard	IO,	Inc to	conduct	research	and	development	of	sUAS	and	

associated	sUAS	software	(Docket	No.	FAA-2014-0947);

Exemption	No.	12621 to	Colorado	Aerial	Imaging to	conduct	photography,	videography,	and	

surveying.	(Docket	No.	FAA-2015-2209);	and

Exemption	No.	13461 to	Pin	High	Investments,	LLC to	marketing,	research,	and	development	

activities	and	aerial	data	collection.	(Docket	No.	FAA-2015-3531);	and

Exemption	No.	11290 to	Amazon.com	to	conduct	outdoor	research	and	development	testing.	

(Docket	No.	FAA-2014-0474).

The	low-risk	UAS	operations	proposed	by	Bentley	Systems	in	this	application for	exemption	fall	

squarely	within	the	category	of	aerial	data	collection	that	has	been	subject	to	previous	approval.

Bentley	Systems	proposed	operations	in	this	petition for	exemption	qualify	for	expedited	

approval	via	the	summary	grant	process	pursuant	to	Section	333 of	the	Reform	Act,	as	each	of	

the	statutory	criteria	and	relevant	factors	are	satisfied	and	the	FAA	has	previously	issued	grants	

of	exemption	in	circumstances	similar	in	all	material	respects	to	those	presented	in	this	

application	for	exemption.

Types	of	Aircraft	Operated	by	Bentley	Systems

The	FAA	is	familiar	with	and	has	already	determined	that	the	following	vehicles	chosen	by	

Bentley	Systems	meet	the	requirements	of	Section	333	of	the	Reform	Act	due	to	their	weight,	

speed	and operational	capabilities.

• DJI	Inspire	1

• DJI	Phantom	1
4

• DJI	Phantom	2

• DJI	Phantom	3

• DJI	Spreading	Wings S1000+

• DJI	Spreading	Wings	S900

• DJI	Spreading	Wings	S800	Evo

• 3D	Robotics	X8	and	X8+.

They	all	weight	less	than	55	pounds	including	payload.

The	UAS	all	operate	at	a	speed	below	87	knots.

Bentley	Systems	Operations

Bentley	System	operators	will	operate	under	the	following	conditions,	which	provide	for	safety	

equivalent	to,	if	not	exceeding	the	level	required	for	manned	aircraft:

• Safety	will	be	the	first	and	foremost	consideration	in	any	sUAS	operation

• The	sUASs	planned	to	be	operated	are	rotorcraft,	each	weighing	far	less	than	55	

pounds	including	payload

• They	would	operate,	under	normal	conditions,	at	a	speed	of	no	more	than	50	knots.

• All	operations	will	be	conducted	below	200'	AGL.	Altitude	will	be	monitored	via	on	

screen	display	or	telemetry

• Operations	will	be	conducted	during	the	day	under	visual	meteorological	conditions

• Aircraft	will	remain	within	Visual	Line	of	Sight	of	the	PIC	(Pilot	In	Command)	or	VO	

(Visual	Observer)	at	all	times

• PIC	and	VO	will	remain	in	voice	contact	during	the	entire	flight

• PIC	shall	complete	a	full	pre-flight	inspection

• Bentley	Systems	will	utilize	additional	observers	or	signage	when	operations	are	

conducted	close	to	public	activity

• Operations	will	only	be	conducted	with	permission	from	the	appropriate	

land/property	owner

• All	required	permits	will	be	obtained	from	state	and	local	government	prior	to	

operation

• The	aircraft	will	not	be	operated	over	populated	areas,	large	gatherings	or	heavily	

traveled	roads.

• Flight	planning	will	include	flight	completion	with	at	least	25%	battery	power	

remaining	as	measured	by	the	sUAS	flight	computer	or	appropriate	timing

• All	aircraft	are	equipped	with	and	will	utilize	GPS	navigation,	failsafe,	return-tohome	(RTH)	and/or	flight	abort	safety	features

• The	aircraft	will	not	be	operated	within	5	NM	of	a	public	airport	or heliport
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• A	briefing	will	be	conducted	in	regard	to	the	planned	sUAS operations	prior	to	

operation	at	each	new	location.	All	personnel	who	will	be	performing	duties	within	

the	boundaries	of	the	area	of	operation	will	be	present	for	this	briefing

• The	sUAS	pilot	will	be	trained	in	advance	for	the	safe	operation	of	the	sUAS	to	be	

operated.	This	will	include	operation	of	the	sUAS	both	in	normal	and	emergency	

modes	of	operation,	and	will	include	familiarization	with	the	operation	manual.	

Training	will	also	include	types	of	maneuvers	to	be	performed	and	the	safe	

operation	in	relation	to	persons,	property	and	applicable	airspace.

• Routine	maintenance	and	repairs	are	instrumental	in	safe	operations.	

• All	maintenance/overhauls/repairs	will	be	completed	according	to	manufacturer	

instructions.	

• Following	all	maintenance	procedures,	a	test	flight	will	be	conducted	in	a	remote	

area	to	assure	all	systems	are	operational	prior	to	any	operations	for	customers.	

• Repairs	and	flight	times	will	be	documented	to	aid	in	tracking	the	life	cycle	of	critical	

components	(ie;	batteries,	motors	and	speed	controls)

Regulation	from	which	Exemption	is	sought

14	C.F.R.	45.23

Bentley	Systems	requests	an	exemption	from	14	C.F.R.	45.23.	Due	to	the	small size	of	the	sUAS,	

full	size	aircraft	marks	are	not	feasible.	If	the FAA	assigns	a	designation,	Bentley	Systems will	

place	assigned	designation	marks	on	the	aircraft	in	the	most	practical and	visible	manner	

available.

14	C.F.R.	45.25

Bentley	Systems	requests	an	exemption	from	14	C.F.R.	45.25.	The	sUAS	is	a multi	rotor	aircraft	

and	does	not	possess	fixed	wings	and	as	such	14	C.F.R.	45.25	is	inapplicable.

14	C.F.R.	45.27

Bentley	Systems	requests	an	exemption	from	14	C.F.R.	45.27.	Due	to	the	small size	of	the	sUAS,	

it	has	no	cabin,	fuselage,	boom,	or	tail.

14	C.F.R.	45.29

Bentley	Systems	requests	an	exemption	from	14	C.F.R.	45.29.	Due	to	the	size constraints	of	the	

sUAS,	this	requirement	cannot	be	met.	However,	with	approval	of	an exemption	an	aircraft	

mark	will	be	affixed	in	the	most	practical	manner	and	location.
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14	C.F.R.	61.113

Bentley	Systems	requests	an	exemption	from	14	C.F.R.	61.113.	The	PIC	of	the sUAS	does	not	

possess	a	commercial	or	private	pilot’s	license.	However,	the	proposed	use	of	an unmanned	

aircraft	with	no	passengers	or	crew,	weighing	considerably	less than	a	full	sized aircraft,	and	

carrying	no	flammable	fuel	load,	operating	in	controlled	areas,	using	a	skilled	sUAS PIC,	will	

achieve	the	equivalent	level	of	safety	of	current	operation	by	manned	aircraft	with	a private	

pilot’s	license.

14	C.F.R.	91.7(a)

Bentley	Systems	requests	an	exemption	from	14	C.F.R.	91.7(a).	Given	the rules	of	operation	and	

maintenance	listed	above,	an	equivalent	level	of	safety	can	be	achieved since	no	standard	of	

airworthiness	currently	exists	and	no	airworthiness	certificate	can be	issued.

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

Bentley	Systems	requests	an	exemption	from	14	C.F.R.	91.9(b)(2).	There	is	no method	for	

approval	of	sUAS	manuals	currently,	there	is	no	place	to	carry	such	a	manual	on board	the	

aircraft,	and	no	pilot	on	board	to	reference it.	The	flight	manual	must	however	be	kept at	the	

ground	control	location	for	PIC	reference.	The	manual	will	also	be	made	available	upon request.	

As	referenced	earlier	due	to	the	aircraft	small	size,	full	sized	markings	are	not	possible. With	an	

exemption,	the	proper	marking	can	however	be	prominently	in	place	on	the	sUAS	in	the most	

visible	manner.	It	is	also	Bentley	Systems	understanding	that	relief	from	these regulations	is	no	

longer	necessary	in	light	of	the	FAA	Memorandum	“Interpretation	regarding whether	certain	

required	documents	may	be	kept	at	an	unmanned	aircraft’s	control	station,” dated	August	8,	

2014.

14	C.F.R.	91.103

Bentley	Systems requests	an	exemption	from	14	C.F.R.	91.103.	The	PIC	will	take all	actions	as	

stated	above	under	The	Standard	Pre-Flight	check	List.	Specifically,	the	PIC	will take	all	actions	

including	reviewing	weather,	flight battery	requirements,	aircraft	performance data,	and	landing	

and	takeoff	distances	before	initiation	of	a	flight.	The	PIC	will	also	account	for all	relevant	sitespecific	conditions in	their	preflight	procedures.	Risks	presented	by	sun	glare will	be	mitigated	

by	the	PIC’s	and	VO’s	ability	to	see	other	air	traffic	and	initiate	a	return-to home sequence	if	

needed.

14	C.F.R.	91.109

Bentley	Systems	requests	an	exemption	from	14	C.F.R.	91.109.	Remote	controlled

sUAS	are	designed	or	constructed	without	dual	controls.	The	equivalent	level	of	safety	is

provided	by	the	limited	size,	speed,	weight	and	altitude	of	the	aircraft	in	addition	to	no	pilot	or

crewmember	on board	the	aircraft.
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14	C.F.R.	91.119

Bentley	Systems	requests	an	exemption	from	14	C.F.R.	91.119.	Bentley	Systems	will	operate	the	

sUAS	at	an	altitude	not	to	exceed	200	feet	AGL	for	safety. With	the	sUAS small	size	and	weight,	

an	equivalent	level	of	safety	to	manned	flight	can	be maintained	while	flying	closer	than	500	

feet	from	structures	and	the	ground.

14	C.F.R.	91.121

Bentley	Systems	requests	an	exemption	from	14	C.F.R.	91.121.	The	sUAS	being flown	will	have	

live	feedback	of	altimeter	and	will	maintain	an	altitude	below	200	feet	AGL	at all	times.	With	PIC	

and	VO	using	line	of	sight	operation	and	telemetry,	equivalent	levels	will	be met.

14	C.F.R.	91.151

Bentley	Systems	requests	an	exemption	from	14	C.F.R.	91.151.	Bentley	Systems	believes	that	an	

equivalent	level	of	safety	can	be	met	by	limiting	flight	times	of the	sUAS	to	25%	battery	charge	

remains.	Due	to	the limited	flight	times	of	a	sUAS,	it	is	not	possible	to	comply	with	part	91.151.

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

Bentley	Systems	requests	an	exemption	from	14	C.F.R.	91.203(a)(b).	Currently there	are	no	FAA	

procedures	for	providing	an	airworthiness	certificate.	With	the	automatic return	to	home	

feature,	in	the	rare	event	of	a	radio	control	link	disruption,	the	reduced	speed, distance	of	flight,	

light	weight,	and	200	feet	AGL	altitude	limit	and	no	on	board	flight	crew,	will combine	to	provide	

a	greater	degree	of	safety	to	the	public	than	the	conventional	flight operations	with	air	

worthiness	certificates.

14	C.F.R.	91.405(a)-(d)

Bentley	Systems	requests	an	exemption	from	14	C.F.R.	91.405(a)(d).	Since	sUAS will	be	flown	

without	passengers	and	these	sections	concern	inspection	requirements	for passengers,	Bentley	

Systems	requests	an	exemption.	As	noted	earlier,	placard placement	on	the	small	form	factor	of	

a	sUAS	is	not	practical	and	also	should	be	exempted.	Log books	detailing	repairs	and	

maintenance	will	be	kept	on	file.

14	C.F.R.	91.407

Bentley	Systems	requests	an	exemption	from	14	C.F.R.	91.407.	To achieve	an equivalent	level	of	

safety,	Bentley	Systems	will	follow	the	maintenance	requirements outlined	in	the	aircraft	

manufacturers maintenance	manual	as	well	as	maintain	detailed	inspection	and	maintenance

records.	Both	the	maintenance	manual	and	detailed	inspection	and	maintenance	records	will	be

made	available	at	request.

14	C.F.R.	91.409

Bentley	Systems	requests	an	exemption	from	14	C.F.R.	91.409.	This	section	is applicable	to	

larger	manned	aircraft	with	longer	flight	times	than	that	of	a	sUAS.	Bentley	Systems believes	
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that	the	pre	and	post	flight	inspections	outlined	above	will	meet	the equivalent	level	of	safety	

required.

14	C.F.R.	91.417

Bentley	Systems	requests	an	exemption	from	14	C.F.R.	91.417	as	it	pertains	to aircraft	with	an	

airworthiness	certificate.	To	achieve	an	equivalent	level	of	safety,	Bentley	Systems	will	maintain	

detailed	maintenance	records.

CONCLUSION

The	proposed	operations	in	this	petition for	exemption	satisfy	the	criteria	articulated	in	Section	

333	of	the	Reform	Act	and	the	FAA	has	issued	grants	of	exemption	in	circumstances	similar	in	all	

respects	to	those	presented	by	Bentley	Systems	in	this	application for	exemption.	In	

consideration	of	the	foregoing,	Bentley	Systems	respectfully	submits	that	this	application for	

exemption	qualifies	for	expedited	approval	via	the	FAA's	summary	grant	process.

We	thank	you	for	your	prompt	consideration	of	our	requested	exemptions.	Should	you	have	any	

questions,	or	if	you	need	additional	information	to	support	the	requested	exemptions,	please	do	

not	hesitate	to	contact	us.

Sincerely,

Daniel	J.	Stegeman

Chief	Pilot

Bentley	Systems

User	manuals,	Safety	Guides	and	Maintenance	Manuals

Following	are	URLs	for	user	manuals,	safety	guides,	and	maintenance	manuals	related	to	

the	particular	UAS	that	are	the	subject	of	this	petition	for	exemption. Such	manuals	and	

guides,	as	updated	from	time	to	time	by	their	respective	publishers,	provide	

supplemental	technical,	operational,	safety,	and	other	data	related	to	this	petition	and	

are	incorporated	herein	by	reference.

DJI	Support

http://www.dji.com/support
9

Inspire	Downloads

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

Inspire	1	Quick	Start	Guide	(EN)	v1.4

http://dl.djicdn.com/downloads/inspire_1/en/Inspire_1_Quick_Start_Guide_v1.4_en.pd

f

Inspire	1	User	Manual	(EN)	v1.8

https://dl.djicdn.com/downloads/inspire_1/en/Inspire%20_1_User_Manual__V1.8.pdf

Inspire	1	Maintenance	Manual	v1.0

http://dl.djicdn.com/downloads/inspire_1/en/Inspire_1_Maintenance_ManualV1.0_en.

pdf

Phantom	3	Professional

http://www.dji.com/product/phantom-3/download

Phantom	3	Professional	Quick	Start	Guide	(EN)	v1.2

https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_Quick_Start

_Guide_en__v1.2.pdf

Phantom	3	Professional	User	Manual	(EN)	v1.6

https://dl.djicdn.com/downloads/phantom_3/en/Phantom_3_Professional_User_Manu

al__V1.6.pdf

Phantom	3	Safety	Guidelines	and	Disclaimer

http://dl.djicdn.com/downloads/phantom_3/en/Safety_Guidelines_Disclaimer_en_201

509.pdf

Phantom	1

http://www.dji.com/product/phantom/download

Phantom	Quick	Start	Manual	(EN)	v1.7

http://dl.djicdn.com/downloads/phantom/en/PHANTOM_Quick_Start_Manual_v

1.7_en.pdf
10

Spread	Wing	S1000+

http://dl.djicdn.com/downloads/s1000_plus/en/S1000_Plus_User_Manual_v1.2_en.pdf

S900	User	Manual	v1.2

http://dl.djicdn.com/downloads/s900/en/S900_User_Manual_v1.2_en.pdf

S800	EVO	User	Manual	v1.10

http://dl.djicdn.com/downloads/s800evo/en/S800_EVO_User_Manual_v1.10_en.pdf

3D	Robotics	X8+	Operation	Manual

https://3drobotics.com/wp-content/uploads/2015/04/X8-Operation-Manual-vC.pdf