340 Woodpecker Ridge

Santa Cruz, CA 95060 

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

P: 831-426-3733

F: 831-426-5666

regulatory@jobyaviation.com 

U.S. Department of Transportation,

Docket Operations, 

West Building Ground Floor, 

Room W12-140, 1200 New Jersey Ave, SE., 

Washington, DC 20590.

RE: Exemption Request Under Section 333 of the FAA Modernization and Reform Act of 2012 and 14 

C.F.R. Part 11

Dear Sir or Madam, 

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

C.F.R. Part 11, Joby Aviation LLC requests exemption from the Federal Aviation Regulations (FARs) as 

detailed below, or as deemed appropriate by the administrator. This exemption would allow Joby 

Aviation to perform aeronautical research and development utilizing small remotely piloted scale 

model aircraft at our facility in Northern California.

Joby Aviation was founded in 2009 with the intent to engage in the design, research, and development 

of transformative electric and hybrid-electric aircraft designs and technologies. Of particular interest 

to the company are configurations which marry efficient fixed wing flight with vertical takeoff and 

landing (VTOL) capabilites.1Additionally, Joby Aviation is also working in partnership with NASA on the 

conventional takeoff and landing LEAPTech/SCEPTOR project which explores distributed electric 

propulsion concepts.2,3 The company is comprised of individuals with extensive unmanned as well as 

manned flight experience, and has experience (via an earlier project) performing R&D/aerial data 

collection under COA.4

The full scale S4 from Joby Aviation is a 4 seat, 4,000lb, winged tilt-rotor capable of both conventional 

take-off and landing, as well as vertical take-off and landing. In support of our efforts to develop this 

aircraft, Joby Aviation intends to test and validate software, hardware, and aerodynamic design 

features using the following small scale, remotely piloted, electric aircraft platforms during tethered 

ground tests as well as free flight tests as appropriate:
1) S4-MH: a sub 5 lb. hex-copter of carbon fiber tube and plastic construction, featuring tilting motor 

pylons. This platform will be used for initial software development of VTOL control laws and 

redundancy evaluations. 

2) "S4-SSL" is a highly representative quarter-scale model of the S4 tiltrotor. The airframe is of carbon 

fiber composite construction, with metal hardware and is capable of both vertical take-off and landing 

as well as conventional take off and landing operations, with a weight of less than 55 lbs, and a 

maximum speed below 60 knots. 

3) "S4-SS" is structurally identical to "S4-SSL" but will carry additional hardware, software, and 

batteries. This is our highest fidelity quarter-scale model of S4. This platform has a takeoff weight of 

62.5 lbs (+/- 5lbs), and a maximum speed below 85kts. 

The operation of these aircraft will be in accordance with the following constraints, as well as any 

additional constraints the administrator deems appropriate, at all times:

1. Flights will be in Class G airspace at less than 400 feet AGL.

2. The UAS will be operated over private property owned by the company, or private 

property with the permission of the owner.

3. The UAS will not be operated over populated areas, or the person or property of nonparticipants.

4. The UAS will not be operated within 5NM of a public use airport, unless approved by the 

airport owner and authorized by the administrator and/or controlling agency.

5. Flight operations will be limited to daytime, visual meteorological conditions.

6. The aircraft will remain within visual line of sight of the operator/observer at all 

times.

7. A NOTAM will be issued prior to such flight operations as deemed necessary by the FAA.

8. All flight test operations will involve the use of spotters to ensure that the UAS remains well 

clear of manned aircraft.

9. If deemed necessary by the administrator, the aircraft will be U.S. registered and display the

N---number.

10. The Pilot in command (PIC)/Operator will possess the appropriate FAA Airman Certificates

and have extensive manned and unmanned aircraft experience

11. No operator or observer will engage in, nor may an operator or observer permit, any 

activity during a critical phase of flight which could distract any operator or observer 

from the performance of his/her duties or interfere in any way with the proper conduct 

of his/her duties.

12. The PIC will conduct a pre-flight inspection prior to each flight so as to ensure the 

airworthiness of the UAS, ground station, and associated systems and hardware are in

a condition for safe operation.

13. The PIC and observers will maintain two-way communications with each other during all 

operations; if unable to maintain two-way communications, or if any condition occurs that 
may otherwise cause the operation to be unsafe, the operator will immediately conclude the

flight operation.

14. All flights will be conducted below 87 knots

15. All flight tests will be in accordance with a briefed flight test plan. 

16. During the generation of each flight test plan, the PIC/Operator will perform a thorough 

risk assessment to ensure operational safety.

17. All flights will be performed in accordance with all FAA regulations other than those 

specifically waived by this request.

18. The airworthiness of these aircraft will be established and maintained by our team according 

to certification criteria such as MIL-HDBK 516B, supported by significant background 

experience in manned and unmanned aircraft design, construction, and operations.

19. Flight critical parameters such as battery charge state, quality of radio and telemetry links, etc. 

will monitored in realtime to provide the operator with notice of any failures or out of 

specification parameters. 

20. If deemed necessary, the aircraft will employ a means to restrict their operation to the 

designated test areas, either by physical tether, obstruction, or GPS based flight termination 

features (geofencing). Additionally, the large protected areas around our test sites coupled 

with the intentionally restricted range of our aircraft will help to ensure the aircraft remain 

within the test areas.

The regulations from which relief is requested are as follows: 

 14 C.F.R. Part 21, Subpart H 

 14 C.F.R. §91.203(a) and (b)

 14 C.F.R. §45.23(b)

 14 C.F.R.§61.23(a)

 14 C.F.R. §61.113(a) and (b)

 14 C.F.R. §61.133(a)

 14 C.F.R. §91.7(a)

 14 C.F.R. §91.9

 14 C.F.R. §91.119

 14 C.F.R. §91.121

 14 C.F.R.§91.151(a) and (b)

 14 C.F.R. Subpart E (§91.401 - §91.417)

APPENDIX

Specific Exemption Requests and Equivalent Level of Safety Showings

14 C.F.R. Part 21, Subpart H: Airworthiness Certificates

This part specifies that civil aircraft must have an airworthiness certificate. Considering the small size of 

the aircraft included in this request, the limited and controlled test environment which is protected 

from non-participants, visual line of sight operations with additional spotters to ensure deconfliction 

with any low flying air-traffic, the experienced engineering team which is overseeing all operations, 
and the use of industry standards in conjunction with aircraft specific standards that exceed industry 

standards to establish and maintain airworthiness and flight safety of our flight test articles, we feel 

that an appropriate level of safety is reached. 

14 C.F.R. §91.203(a) and (b) --- Civil aircraft: Certifications required.

Section 91.203 requires all civil aircraft to have a certificate of airworthiness, and certificate of 

registration. Part 21, Subpart H, entitled Airworthiness Certificates, establishes the procedural 

requirements for the issuance of airworthiness certificates as required by FAR §91.203(a). Joby 

Aviation requests an exemption from these rules and will utilize an internal airworthiness process 

based on MIL-HDBK 516B, and internally generated standards which draw on other existing standards 

as appropriate for our aircraft. The airworthiness documentation, and registration information shall be 

retained by the ground based UAS operators.

Such an exemption meets the requirements of an equivalent level of safety under Part 11 and Section 

333 of the Reform Act. The Federal Aviation Act and Section 333 of the Reform Act both authorize the 

FAA to exempt aircraft from the requirement for an airworthiness certificate, upon consideration of 

the size, weight, speed, operational capability, and proximity to airports and populated areas of the 

UAS involved.

14 C.F.R. §45.23(b) --- Display of marks; general.

These regulations provide that each aircraft must display "N" and the aircraft's registration number in 

letters at least 3 inches high. Additionally, the aircraft must display the word "EXPERIMENTAL" in 

letters at least 2 inches high near the entrance to the cabin, cockpit, or pilot station. Given the size of 

the UAS, this requirement is impossible to match. The equivalent level of safety will be achieved by 

having the registered N---number in 1 inch lettering on the side of the fuselage and/or wing.

14 C.F.R. §61.23(a) --- Medical certificates: Requirement and duration.

Regulations provide that a person must hold at least a second class medical certificate when exercising:

• Second-in-command privileges of an airline transport pilot certificate in part 121 of this 

chapter (other than operations specified in paragraph (a)(1)(ii) of this section); or

• Privileges of a commercial pilot certificate

"Under Title 14 of the Code of Federal Regulations (14 CFR) Part 1, the Federal Aviation Administration 

(FAA) defines a medical certificate as "acceptable evidence of physical fitness on a form prescribed by 

the Administrator." 5

Given the size of the UAS in this petition and the limited flight area and the safety features integrated 

in the autopilot Joby Aviation believes that an Equivalent Level of Safety can be reached if the operator 

has a valid, state issued drivers license. Despite this belief Joby Aviation retains operators holding at 

least a class III FAA airman medical certificates. 
14 C.F.R. §61.113(a) and (b), §61.133 --- Private Pilot Privileges and Limitations: Pilot in Command; 

Commercial Pilot Privileges and Limitations

Subsections (a) and (b) of §61.113 prohibit private pilots from operating aircraft in commercial 

operations, and §61.133(a) requires an individual operating an aircraft for compensation or hire to 

hold a commercial pilot certificate.

Joby Aviation requests an exemption from 14 C.F.R. §61.113(a) and (b) and 14

C.F.R. §61.133(a) so that the above mentioned UAS platforms may be operated by individuals who hold 

a private pilot certificate (or higher). Given no person or property of any third party shall be carried, 

and considering the small size, low speed, and limited operating areas, we feel that the FAA should 

permit operation of our UAS by operators with a private pilot certificate when the conditions described 

above have been satisfied. These conditions are in accordance with those set forth in Volume 16, 

Chapter 4, Section 1 of FAA Order 8900.1. As such, we feel that operations of these UAS, as set forth 

above, meets or exceeds the present level of safety provided under 14 C.F.R. §61.113(a) and (b) and 

§61.133(a).

14 C.F.R. §91.7(a) --- Civil aircraft flight manual, marking, and placard requirements

This regulation requires that no person may operate a civil aircraft unless it is in airworthy condition. 

Joby Aviation requests that an exemption be granted allowing commercial operation without an 

airworthiness certificate. Given the size of the aircraft and the procedure of utilizing MIL-HDBK 516B, 

an equivalent level of safety will be achieved.

The FAA has granted exemptions for similar operations in Exemptions 11062 through 11067, 11080 

and 11110.

14 C.F.R. §91.9(b)--- Civil aircraft flight manual, marking, and placard requirements.

This regulation provides that no person may operate an aircraft unless a current, approved flight 

manual is in the aircraft. Joby Aviation determines that the intent of this requirement is to ensure that 

flight manual information is available to the aircrew while operating the aircraft. Joby Aviation requests 

an exemption to this requirement, and believes that an equivalent level of safety will be achieved by

having the ground based operators in possession of the operating limitations and flight manuals during 

all flight operations.

The FAA has granted exemptions for similar operations in Exemptions

14 C.F.R. §91.119 --- Minimum safe altitudes: General.

The regulation provides that over sparsely populated areas the aircraft cannot be operated closer than 

500 feet to any person, vessel, vehicle, or structure. Since the UAS in this exemption will be operating 

at less than 400 feet AGL, this requirement cannot be followed without increasing the probability of 

encountering other aircraft operating in the airpace. Given that Joby Aviation aircraft will only operate

over private property with the permission of the land owner, any person or property on the ground will 

belong to that of the operator, or with their written permission. 
In these cases, the land owner will be briefed on the route of flight and the associated risks to persons 

and property on the ground. We maintain that due to the small size of the UAS, the hazard to persons, 

vessels, vehicles, and structures is not comparable to manned aircraft and should be considered in 

granting the exemption. Furthermore, Joby Aviation will not operate over congested areas nor over 

any open air assembly of persons. In the event of power unit failure, our larger platforms (S4SSL and 

S4SS) are able to continue to operate and land safely, this allows the PIC to conduct a landing without 

undue hazard to persons or property on the ground. Our smallest aircraft (S4MH) may not have this 

redundancy initially, however it will be incorporated early on, and given that it weighs less than 5 

pounds, operates only at low hover speeds, and will be flown in accordance with the sound judgment 

of our engineering team, we feel this platform does not pose a significant threat to any persons or 

property on the ground, and zero threat to non-participants.

The FAA has granted exemptions for similar operations in Exemptions 11062 through 11067, 11080 

and 11110. 

14 C.F.R. §91.121 --- Altimeter settings.

The regulation states that aircraft shall maintain cruising altitudes by reference to an altimeter setting 

available within 100 nautical miles of the aircraft. The UAS will fly below 400 feet AGL and will not need 

to maintain hemispherical cruising altitudes in order to deconflict with other aircraft, or to comply with 

ATC cruise clearances. To provide an equivalent level of safety, the autopilot calculates the reference 

altitude (ground level) via the on-board GPS during the pre-flight initialization. The GPS and barometer 

data are then used to calculate the altitude in-flight.

The FAA has granted exemptions for similar operations in Exemptions 11062 through 11067, 11080 

and 11110.

14 C.F.R. §91.151(a) --- Fuel requirements for flight in VFR conditions.

The regulation states that no person may begin a flight in an airplane under day VFR conditions unless 

there is enough fuel to fly to the first point of intended landing and to fly thereafter for at least 30 

minutes. As the aircraft in this request will be operating in the immediate area of their departure and 

arrival point at all times, are electric-powered and endurance restricted to less than 30 minutes in the 

interest of avoiding an increase in the mass and scale of the aircraft, this requirement would not 

increase the safety of the operators or any person or property on the ground.

An equivalent level of safety is achieved through a battery charge state monitoring system, which 

features aural annunciations of low battery conditions, and visual annunciations as well as real time 

monitoring of these, and other flight critical parameters on the ground station. Joby Aviation aircraft 

will be operated such that they will land with at least 10 minutes of battery power remaining in 

reserve. Since all operations are within a short range of the observer, and real-time, multi operator 

monitoring is taking place, this will allow the aircraft to safely and consistently land without risk of in 

flight exhaustion of energy.
The FAA has granted exemptions for similar operations in Exemptions 2689F, 5745, 10673, 10808 and 

Exemptions 11062, through11067, 11080 and 11110.

14 C.F.R. Subpart E(§91.401 ---§91.417) --- Maintenance, Preventive Maintenance, and Alterations

The regulation provides that the operator is primarily responsible for maintaining the aircraft in an 

airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409 require 

that the aircraft be "approved for return to service by a person authorized under 43.7" after 

maintenance and inspection. Joby Aviation seeks to authorize the PIC to perform and/or oversee 

maintenance and inspection of the aircraft and will allow the PIC to "be authorized to approve the 

aircraft for return to service." The PIC will ensure that the aircraft is in an airworthy condition prior to 

flight and conduct detailed inspections after every 5 flight/operation hours, in addition to normal preflight checks before each flight. Any discrepancies found with the aircraft shall be reported to 

appropriate personal on the engineering team who will be considered specialists in their respective 

fields, and most suited to collaborate on returning the aircraft to service. 

The PIC will document any work performed in accordance with 91.417, and will utilize a checklist 

before each flight. We feel that due to the size, ease of access, construction, and simplicity of the 

aircraft, the PIC can best ensure an equivalent level of safety is maintained during flight testing 

operations. 

The FAA has granted exemptions for similar operations in Exemptions 11062 through 11067, 11080 

and 11110.

Public Interest

Joby Aviation contends that this request is in the public interest as it reduces the risks of flight testing 

our aircraft, and decrease the time and cost required to deploy new, time and energy efficient 

technologies to market. The exemptions also permit our company to keep our operations within the 

United States which benefits the domestic economy, increases our chances of success by eliminating

the costs associated with relocating the company, allows the company to pull from the pool of 

domestic engineers, and helps to drive domestic innovation and technological developments. 

Summary for the Federal Register: 

Joby Aviation seeks exemption from 14 C.F.R. Part 21, Subpart H, §91.203(a) and (b), §61.23(a), 

§61.113(a) and (b), §61.133(a), §91.7(a), §91.9, §91.119, §91.121,.§91.151(a) and (b) and 14 C.F.R. 

Subpart E (§91.401 -¬ §91.417) in order to allow for research and development to take place utilizing 

unmanned small scale models of a civil aircraft the company is developing. These exemptions would 

permit the use of smaller scale UAS in place of full scale manned aircraft, which is in the public interest 

as it reduces the risks of flight testing, and decreases the time and cost required to deploy new, time 

and energy efficient technologies to market. All flights will be performed over private property, or as 

approved by the administrator, below 400 feet above ground level, at low speeds, and within visual 

line of sight of the FAA pilot certificate holding operator and experienced ground observers. The 

aircraft will be maintained by an experienced engineering team according to industry best practices for 

airworthiness, maintenance, and continued operational safety. 
Sincerely, 

Brett Goldsmith

Joby Aviation

340 Woodpecker Ridge Santa Cruz, 

CA 95060

P: 831-426-3733

F: 831-426-5666

regulatory@jobyaviation.com 

References: 

1) http://www.jobyaviation.com/about/

2) http://www.nasa.gov/centers/armstrong/Features/leaptech.html

3) http://aero.larc.nasa.gov/files/2012/11/Distributed-Electric-Propulsion-Aircraft.pdf

4) Joby Energy, Inc. conducted extensive UAS operations under a COA from October 2010 to October 2011

5) https://www.faa.gov/licenses_certificates/medical_certification/faq/response1/