November 6, 2015
Dept. ofTransportation, Docket Operations West Building Ground Floor, Room wl2-140 1200 New Jersey Avenue, SE., Washington, D.C., 20590 '**~**..-**;.~.** ; f

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## I: ') D -·· \..: Roshan Patel 3118 OakcrestDrive Chino Hills, CA 91709 Direct: (909) 217-4608 Fax: (909) 364-9262

rpatel@tarbell.com

Exemption Request under Section 333 oftheFAA Reform Act and Part 11 oftheFederal Aviation Regulations Dear Sir orMadam: Pursuantto Section 333 oftheFAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. Part 11, I, Roshan Patel seek an exemption from Federal Aviation Regulations ("FARs") detailed below for the following described Unmanned Aerial Systems called in this application the PD System, which includes an Unmanned Aircraft (UA) and ground station-based equipment and crew: THE UNMANNED AIRCRAFT (UA): • A lightweight (2.7 lb gross weight with all on-board equipment), batter operated 4-motorrotorcraft in the form ofa quadcopterthattakes offand lands vertically, manufactured by DJI, Model Phantom 3 Professional, to carry the following equipment in flight; • An onboard flight computer with GPS navigation and location ability that receives signals for flight controls from a ground-based transmitter/controller; • An on-board camera capable ofcapturing imagery in the form offull color, high definition still photos and videos; • An on-board telemetry system that delivers flight datafrom the on-board flight computer to the onboard radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of flight and direction backto its launch site; • A 600mW, 5.8GHz on-board radio transmitterthat transmits live video from the on-board cameraplus all the flight datafrom the telemetry system described above; THE GROUND STATION-BASED PART OF THE SYSTEM:

• A Pilot in Command (PIC) in operational control ofa flight operation from beginningto end and who controls the UA while inthe air; • A 1OOmW, 2.4Ghzradio transmitter/controller operated by the PIC to control the UA while in flight; • A radio receiver receiving live video and flight data from the on-board camera and computer projects it all together onto a screen for the PIC to view during flight; • A Visual Observer (VO) is a person who provides a second pair ofeyes to visually track the UA while in flight. The requested exemption would support an application for a commercial Certificate ofAuthorization to use the above described CAV system to support aerial photography and video primarily for real property.The UA, powered by batteries, is smaller, lighter, and more maneuverable than larger aircrafts running on combustible fuel, it operates at lower altitudes with no people on board and will thereby reduce currentrisk levels and thereby enhance safety and diminish the likelihood ofdeath or serious bodily injury. With a small payload and maximum flight time ofonly 20 minutes, this offers little or no riskto national security. Low level oblique photos and videos from several angles are far more effective than ground-based imagery for displaying the characteristics oflarge, complexproperties with several buildings and large trees. Helicopters can be used, butthey are far more expensive and not able to fly as low. The benefit ofreduced cost and improved quality ofpresentation from the UA will be valuable and benefitmany buyers and sellers ofreal property. The PD System will be operated in the field ofwith both PIC and a YO in accordance with FAA PolicyN 8900.227 Section 14 "Operational Requirements for UAS" and with the following restrictions:

a. No flight will be made with a UA Gross weight exceeding 55 pounds; b. All operations must occur in FAA Class G airspace at no more than 400ftAGL, at an airspeed ofno more than 25 knots and no further than % NMfrom the PIC; c. All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate by voice at all times during a flight operation; d. Operations will be restricted to flights over private property withthe permission ofthe property owner; e. The PIC must have accumulated and logged, in a manner consistent with 14 CFR 

### § 61.51, a minimum of 100 flight cycles and 25 hours oftotal time as a UA rotorcraft pilot and at least ten hours logged as a UA pilot with a similar UA type; f. All required permits will be obtained from state and local government priorto operation; g. The PD System will not be operated over densely populated areas; h. The PD System will not be operated at air shows; i. The PD System will not be operated over any open-air assembly ofpeople; j. The PD System will not be operated overheavily trafficked roads; k. The PD System will not be operated within 5 NM ofan airport or heliport; I. Operations will be restricted to day only and weather conditions equivalentto VFR; m. The PIC will briefthe VO and property owner about the operation and risk before the first flight at each new location; n. No flight may be made without a Pre-Flight Inspection by the PIC before each operation to ascertain thatthe UA is in a condition safe for flight (see AppendixA). The PIC and VO will meetthe requirements outlined in FAA Policy N 8900.227 Section 16 personnel Qualifications. Additionally, the PIC and VO will perform maintenance on the system and will complete a course ofmaintenance instruction as part oftheir initial training. I strongly believe thatthe combination ofthe UA's light weight, flight performance and ability, fully qualified flight crew and strict operation under the guidelines established in 8900.227, and under all ofthe Restrictions (a) through (n) listed above, the FAA can have full confidence that the operation will have an equivalent or greater level ofsafety than manned aircraft performingthe same mission.

The name and contact information ofthe applicant is: Roshan Patel Phone: (909) 217-4608 Email: rpatel@tarbell.comThe regulations from whichthe exemption is requested are listed below. Beside each regulation number is the page ofthe attached Addendum upon which each may be found together with ourproposed equivalent level of safety for each regulation:

• 14 CFR Part 21

................................. Addendum Page 1 • 14 CFR 91.203

................................. Addendum Page 1 • 14 CFR 45.23, 45.29

.......................... Addendum Page 2 • 14 CFR 91.9

.................................... Addendum Page 2 • 14 CFR 61.113, 61.133

....................... Addendum Page 2 • 14 CFR 91.109, 91.119, 91.121..

............ Addendum Page 3 • 14 CFR 91.151

................................. Addendum Page 4 • 14 CFR SubpartE (91.401- 91.417)

...... Addendum Page 4 • FAA Policy 8900.227 Paragraph 16(c)(4) and Paragraph 16(e)(l)

... Addendum Page 4

I firmly believe that granting this exemption will allow for expanded access to the global real estate market. In many cases, homes/properties may have restricted orlimited access due to numerous factors. Many properties are "hidden" behind walls and landscaping, resulting in diminished "curb appeal". Providingthis reliefwould eliminate these problems and lead to increased commerce for both buyers, sellers, government taxation agencies, real estate affiliated companies, (title, escrow, notary), construction industry and home improvement businesses who rely on a thriving real estate market. Additionally UAV's provide for property inspections including roofand chimney that can assist in identifying hard to observe defects in manufacturing and installation. Cameramounted drones help mitigate accidents and death occurring from slips and falls which often result in liability claims and damages to all participants. Invariably, a reduction in riskto life and limb is a general benefitto the public interest. Lastly, aerial videography provides the viewer with safe access to the property vicinity, eliminating needless driving to determine how close a property is to a freeway, school, and beach ornearby unsightly development. This in turn reduces exhaust emissions and air pollution. My UAV utilizes battery power and have no negative impact onthe environment. When fully rolled out, these emission reductions will be measurable and significant.

Roshan Patel, Realtor CalBRE# 01949674 (909) 217-4608Addendum ADDENDUM EXEMPTION REQUESTS ANDEQUIVALENTLEVEL OF SAFETY I, RoshanPatel request an exemption from the following regulations as Ill as any additional regulations that may technically apply to the operation oftheCAV System: 14 CFRPart 21, Subpart H: Airworthiness Certificates. This part establishes the procedures for the issuance of an airworthiness certificate. While the FAA continues to workto develop airworthiness standards for Unmanned Aerial Systems, I request an experimental certificate be issued for the PO System under either or both ofthe following provisions: 21.191 Experimental certificates. Experimental certificates are issued for the following purposes: (a) Research and development. Testing new aircraft design concepts, new aircraft equipment, new aircraft installations, new aircraft operatingtechniques, ornew uses for aircraft. (b) Showing compliance with regulations. Conducting flight tests and other operations to show compliance with the airworthiness regulations including flights to show compliance for issuance oftype and supplemental type certificates, flights to substantiate major design changes, and flights to show compliance with the function and reliability requirements ofthe regulations. Since the experimental certificate can be used for commercial purposes such as market surveys, sales demonstrations, and customer crew training, I would expectthat an experimental certificate would permit our commercial purpose as Ill. The aircraft will not carry persons or property, will not carry fuel, and will only fly under strict operational requirements. Combined with the UA's light weight, being constructed primarily ofcarbon fiber and plastic, I propose thatthe UA will be at least as safe, ifnot safer, than a conventionally certificated aircraft performing the same mission. Ifan experimental airworthiness certificate is not appropriate for this application, then Irequest an exemption of 14 CFRPart 21, Subpart H, and the requirement for an airworthiness certificate in general, citingthe equivalent level ofsafety outlined in the previous paragraph. 14 CFR91.203(a) & (b) Civil aircraft: Certifications required. The regulation provides that an airworthiness certificate, with the registration number assigned to the aircraft and a registration certificate must be aboard the aircraft. Additionally, subparagraph (b) provides that the airworthiness certificate be "displayed atthe cabin or cockpit entrance so that it is legible to passengers or crew." At a maximum gross weight of2.7 pounds, the UA is too small to carry documentation, does not have an entrance, and is not capable ofcarrying passengers or crew. To obtain an equivalent level ofsafety and meet the intent of91.203, I propose that documents deemed appropriate for this aircraft by the FAA will be colocated with the crew atthe ground control station and available for inspection upon request. In order to identify the aircraft, I propose that the information found on airworthiness and registration certificates be permanently affixed to the aircraft viaplacard containingthe following information plus the word "EXPERIMENTAL" to satisfy the requirement of 14 CFR45.23, which follows immediately after the proposed placard description below: EXPERIMENTALManufacturer: DJI Innovations, Inc. 55 South A Street, Suite II 0 Pensacola, FL 32502 Model: Phantom 3 Professional Iffound please contact: (909) 2I7-4608 

### 14 CFR45.23 Display ofmarks; general and 45.29 Size ofmarks. These regulations provide that each aircraft must display "N" andthe aircraft's registration number in letters at least 3 inches high. Additionally, the aircraft mustdisplay the word "EXPERIMENTAL" in letters at least 2 inches high nearthe entranceto the cabin, cockpit, orpilot station. The UA does not have an entrance in which the word "EXPERIMENTAL" can be placed, and may nothave a registration number assigned to it by the FAA. Ipropose to achieve an equivalent level ofsafety by includingthe word "EXPERIMENTAL" in the placard on the top ofthe aircraft, as shown above, where the PIC, VO and others in the vicinity ofthe aircraft while it is preparing for launch will be able to see the designation. Additionally, I feel that the permanent placard discussed in the previous paragraph will provide the aircraft's registration information atthe ground station. Finally, I will display atthe ground station a high contrast flag or bannerthat containsthe words "Unmanned Aircraft Ground Station" in letters 3 inches high or greater. Sincethe aircraft will operatewithin 3/4 NMofthe ground station, the banner should be visible to anyone thatobserves the aircraft and chooses to investigate its pointoforigin. 

### 14 CFR91.9 Civil aircraftflight 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. I assume that the intent ofthis requirementis to ensurethat flight manual information is available to the aircrew while operating the aircraft. I request an exemptionto this requirement since the aircraft is not only too small to carry documentation; the documentation would notbe available to the crew during flight operations. To obtain an equivalent level ofsafety and meet the intent of91.9, Iproposethat a current, approvedUA Flight Manual (AppendixA) must be availabletothe crew atthe ground station anytime the aircraft is in, or preparing for, flight. 

### 14 CFR61.113 Privatepilot privileges and limitations: Pilotin Command and 61.133 Commercialpilot privileges and limitations. The regulation provides that no person thatholds a private pilotcertificate may act as pilot in command ofan aircraft for compensation orhire. Subparagraph (b) allows a private pilotto act as pilot in command ofan aircraft in connection with any business oremployment if: (1) The flight is only incidental to that business or employment; and (2) The aircraft does not carry passengers or property for compensation or hire. Ourproposed operations require thatthe PIC must either: 1. Hold a Commercial Pilot Certificate issued by the FAA, and have logged 25 hours offlight experience in this type ofUA, or 2. Meetthe requirements of8900.227 paragraph 16(c)(2)(c) "Operations without a pilotcertificate" in which the PIC is required to complete "FAA private pilotground instruction" and pass "the FAA Private Pilotwritten examination." Since there are currently no means available for thepilotofa UASto gain the experience in an equivalent category and class in orderto apply for a commercial pilot's license, Iproposeto generate an equivalent level ofsafety byrequiring our pilots to complete, at a minimum, FAA commercial pilot ground instruction and passthe FAA Commercial Pilot written examination in addition to completingthe private pilot requirements. Since the aircraft cannot carry passengers or property, I feel I meet the intent of61.113 Subparagraph (b) even though the intent ofthis application is to conduct a business. 

### 14 CFR91.109 FlightInstruction; Simulated instrumentflight andcertain flight testsThe regulation states that "No person may operate a civil aircraftthat is beingused for flight instruction unless that aircrafthas fully functioning dual controls." The PD System ground-based control station consists ofa small hand-held radio transmitter and while it does not offer a second set of"controls", both the student and instructorcan, and will, operate the sinile set of controls simultaneously. With both student and instructorhaving "hands-on" the controls duringflight, l feel thatthis technique meetsthe intent 91.109 and provides an equivalent level ofsafety. 14 CFR91.119 Minimum safe altitudes: General. Theregulation statesthat over sparsely populated areas the aircraft cannotbe operated closerthan 500 feet to anyperson, vessel, vehicle, or structure. Since the aircraft will be operating at a maximum of400 feet AGL, I cannotcomply with this requirement. In order to provide an equivalent level ofsafety I will only fly over private property with the permission ofthe owner of the property flown over. The aircraftwill not be operated over congested areas or over any open air assembly ofpersons. The property owner will be briefed on the expected route offlight and the associated risks to persons and property onthe ground. The aircraft will be operated at a low altitude allowing, ifa power unit fails, an emergency landingwithoutundue hazard to persons orproperty on the surface. Therefore I maintain that due to the small size ofthe UA, the hazardto persons, vehicles and structures is minimal comparedto manned aircraft, which should be considered in grantingthe exemption. 14 CFR91.121 Altimeter settings. The regulation requires thataircraft shall maintain cruisingaltitudes by referenceto an altimeter setting available within 100 NM ofthe aircraft. TheUA will always fly below 400 feet AGL and will not need to maintain cruisingaltitudes in order to prevent conflict with other aircraft. AnAbove Ground Level altimeter measurement above the takeoffpoint is transmitted viaradio from the UA on-board computer to the display screen held by the PIC, providing a constantly updated AGL readout. 14 CFR 91.151 Fuel requirements for flight in VFRconditions. The regulation provides that no person may begin a flight in an airplane under day-VFRconditions unless there is enough fuel to fly to the first point ofintended landing andto fly afterthat for at least 30 minutes. I feel the intention ofthis paragraph is to provide an energy reserve as a safety buffer for delays to landing. TheUA is battery operated andthe maximum duration offlight from a single battery charge is 18 minutes with a 20% reserve. Since the aircraft will never fly more than % NMfrom the pointofintended landing, a full battery charge at launch will ensure that I meet the reserve energy requirement ofthis paragraph. I request an exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". 14 CFRSubpartE (91.401

- 91.417)- Maintenance,Preventive Maintenance,Alterations The regulation provides that the operator is primarily responsible for maintainingthe aircraft in an airworthy condition, including compliance with part 39 and 43. Paragraphs 91.407 and 91.409requirethatthe aircraftbe "approved for return to service by a person authorized under 43. 7" after maintenance and inspection. Itis our intentionthatthe PICperform maintenance and inspection ofthe aircraft and "be authorized to approvethe aircraft for return to service." As provided in the Pre-Flight Checklist in AppendixA, the PIC will ensurethatthe aircraft is in an airworthy condition priorto every flight and in addition conduct detailed inspections after every two hours offlight. Maintenance performed by the PIC is limited to repairing small cracks, replacing a propeller, checkingelectrical connections and updating software and firmware for the onboard computer. All other maintenance will be performed by the manufacturer ortheir designated repair facility. ThePIC will document workperformed in accordance with 91.417. I feel that due tothe size, construction, and simplicity ofthe aircraft, the PIC can ensure an equivalent level ofsafety. 8900.227 Paragraph 16(c)(4) PIC Medical. And Paragraph 16(e)(1) Observer Medical.This policy provides that both the PIC and VOmusthave a valid FAA second-class medical certificate issued under part 67 in order to perform as a pilot or observer. The UA maximum gross Weight is 2.7 pounds, it is constructed ofcarbon fiber and plastic and the PIC is not on board. Boththe PIC and the VO are required to be in VLOS. Given the unlikely eventthat both the PIC and VObecome medically incapacitated while the aircraft is in flight, the UA will return autonomouslyto the site oflaunching and land withoutcrew intervention. Therefore, requiringthe PIC and VOto meetthe same medical requirements as a commercial pilotcarryingpassengers in a large aircraft is an unnecessaryburden. I propose thatthe minimum medical requirements for the PIC and VO be vision corrected to 20/20 and a valid, state issued driver's license. The 20/20 vision requirement will ensure thatthe PIC and VO can see and avoid air traffic; a licensed driver is medically qualified to operate a much larger vehicle.

APPENDIX A- FLIGHT MANUAL FLIGHTRESTRICTIONS (a) No flight will be made with a UA Gross Weight exceeding 55 pounds; (b) All operations must occur in FAA Class G airspace at no more than 400' AGL, at an airspeed ofno more than 25 knots and no further than 3/4NM from the PIC; (c) All operations must utilize a visual observer (VO). The VO and PIC must be able to communicate verbally at all times during a flight operation; (d) Operations will be restricted to flights over private propertywith the permission ofthe property owner; (e) ThePIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a minimum of 100 flight cycles and 25 hours oftotal time as a UA rotorcraft pilot and at leastten hours logged as a UA pilotwith a similar UA type; (f) All required permits will be obtained from state and local governmentpriorto operation; (g) ThePOSystem will not be operated over densely populated areas; (h) The PO System will not be operated at air shows; (i) ThePO System will not be operated over any open-air assembly ofpeople; (J) The PO System will notbe operated over heavily trafficked roads; (k) ThePO System will notbe operated within 5 NM ofan airport orheliport; (I) Operations will be restricted to day only and weather conditions equivalent to VFR; (m)The PIC will briefthe VO and property owner aboutthe operation and risk beforethe first flight ateach new location; (n) No flight may bemade withouta successful Pre-Flight Inspection by the PIC before each operation to ascertain thatthe UA is in a condition safe for flight. PRE-FLIGHT CHECKLIST (1) Use voltmeterto determinethatUA battery is fully charged in orderto prevent unexpected premature descent; (2) Check all wiring connections are tight; (3) Check all propellers and ensurethey are undamaged and no cracks exist in any structural members ofthe UA; (4) Turn on radio controller, check for adequate voltage, set it to connectto the UA, move all control switches to forward or down position and throttle control stick full backposition; (5) Connect UA main battery, check for radio contactwith UA's radio receiver; (6) Ata location different from previous flight, re-set GPS and compass to current location; (7) Turn ontransmitter, gimbal and camera. TOREGAIN CONTROL AFTERLOST RADIO CONTACT 1. Failsafe= ON 2. Throttle

## =50% 3. Mode=ATTl4. Failsafe = OFF 5. Mode= GPS Ifradio contact is notrestored, the UA will automatically continue at 60ft above its last elevation before losing contacttoward its takeoffpoint, then descend and land there autonomously

# DRONES FREQUENTLYASKED QUESTIONS http://www.realtor.org/topics/drones



## In response toNARmembers'growinginterestin drones, or unmanned aircraft systems t"UAS") as theyare referred to by the FederalAviation Administration ("PAA'?, this FAQ has been assembled to help answer some of themostfrequendyaskedquestionsNARreceivesregardingthe legal and regulatorylandscape ofUAS, and a real estateprofessional's abilityto use this emergingtechnology. 1) WHATIS A UAS? 

## A UAS is the unmanned aircraft ("UA") and all of the associated support equipment, control station, data links, telemetry, communications and navigation equipment, etc., necessary to operate the unmanned aircraft. The UA is the flying portion ofthe system, flown by a pilotvia a ground control system, or autonomously through use ofan on-board computer, communication links and any additional equipment that is necessary for the UA to operate safely. The FAA issues an experimental airworthiness certificate for the entire system, notjustthe flying portion ofthe system. 

## 2) HOWDO UAS TYPICALLYOPERATE? 

## UAS flights are typically short in duration and flown at low altitudes in order to gather only the desired images or information related to a specific property or location. Most UAS fall into what is referred to as the micro UAS category, which means the UAS weighs 4.4 pounds or less. UAS operations are typically brief and more affordable than manned aircraft operations, which make UAS well-suited for use by the real estateindustry. 

## 3) MAY 

## I USE A UAS TO TAKE AERIAL IMAGES OF MY REAL ESTATE LISTINGS? 

## You may use a UAS onlyifyou have received a Section 333 waiver from the FAA. Current FAA laws and regulations generally prohibit the 

# m NATIONAL 

# LJ3 ASSOCIATION

### of 430NorthMichiganAvmut • Chicago, JL 60611-4087 • 800.874.6500 • www.REALTOR.org IlEALToll' 

### REALTORS" 1

# DRONES FREQUENTLYASKED QUESTIONS http://www.realtor.org/topics/drones

commercial use of UAS, which includes for the purpose of real estate marketing. 

## 4) MAY 

## I HIRE SOMEONE ELSE TO OPERATE A 

## UAS TO TAKE AERIAL IMAGES OFMY REALESTATELISTINGS? 

## Yes. You may hire an individual or company to operate a UAS on your behalf. However, before doing so, be sure to verify that the individual or company has successfully obtained a Section 333 waiver from the FAA. 

## 5) HAS

## NARTAKENAPOSITION ON

## UAS? Yes. On November 10, 2014, the NAR Board of Directors approved the following official policy statement on unmanned aerial vehicles: The National Association of REALTORS® advises members that the use of unmanned aerial vehicles for real estate marketing is currently prohibited by the Federal Aviation Administration. Such prohibited use of unmanned aerial vehicles may lead to the assessment of substantial fines andpenalties. The National Association of REALTORS® supports efforts to create new federal regulations to allow for the future commercial use of unmanned aerial vehicle technology by the real estate industry. The National Association of REALTORS® is committed to working with the Federal Aviation Administration, and any other relevant federal agencies, during the regulatory approval process. The National Association ofREALTORS® will continueits ongoing efforts to educate REALTORS® about the current and future regulatory structure for the safe and responsible operation ofunmanned aerial vehicles.

430NorthMichiganAvenut • Chicago, /L 60611-4087 • 800.874.6500 • www.REALTOR.org 

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## 6) ARE THERE ANY EXCEPTIONS TO THE PROHIBITION ON THE COMMERCIAL

### USE OF UAS? 

## Yes. The FAA Modernization and Reform Act of 2012 provides the FAA with the ability to issue Section 333 waivers, which grant authorization for certain unmanned aircraft to perform commercial operations on a case-by-case basis. 

## 7) HOWDO 

## I APPLYFORA 

### SECTION

## 333 WAIVER?


## The Section 333 waiver process involves the filing of a petltlon of exemptionwith the FAA. You can find more specific information about what a petition ofexemption must contain and how to file your petition on the FAA's website at: http://www.faa.gov/uas/legislative programs/section 333/how to ftl 

## e a petition/. 

## 8) DOES THE SECTION 

## 333 WAIVER REQUIRE THE PETITIONER TO HAVE A 

### PILOT'S LICENSE? 

## Yes. An FAA-issued pilot's license is a required element of successfully obtaining a Section 333 waiver. 

## 9) HOWLONGDOESTHE SECTION

## 333 WAIVER PROCESS TAKE? 

## The FAA advises that Section 333 petitioners should. allow up to 120 days after submission for a decision to be made on a petition of exemption. However, in March of 2015, the FAA made certain procedural changes that often result in a faster approval time. Since these changes were implemented, the FAA has been approving an average of50 Section 333 waivers a week.

430North MichiganAvenue • Chicago, lL 60611-4087 • 800.874.6500 • www.REALTOR.org 

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## 10) ARE THERE ANY PROPOSED REGULATORY CHANGES TO ALLOW FOR THE FUTURE COMMERCIALUSE OFUAS? 

### Yes. The FAA Modernization and Reform Act of 2012 charged the FAA with integrating the commercial use ofUAS into national airspace. In February 2015, the FAA took the first step in doing so, and issued a Notice of Proposed Rulemaking on the Operation and Certification of Small Unmanned Aircraft Systems ("Rule"). You can find a summary of the Rule on the FAA's website at: http://www.faa.gov/regulations policies/rulemaking/media/021515 sUAS Summary.pdf. 

## 11) WHEN IS ITANTICIPATEDTHATTHE RULEWILL BECOME FINAL? 

### The FAA is working diligently to consider the over 4,000 comment letters it received during the Rule's comment period. While the typical timeframe for a proposed rule to become final is sixteen months from the time a rule's commentperiod closes, the Rule has the highest priority within the FAA. The FAA is determined to move forward as quickly as possible, and a final rule could be issued as soon as August 2016. 

## 12) WHAT IF

## I WANTTO USE UAS BEFORETHE RULE BECOMES FINAL? 

### There are two options: 1) you can apply for a Section 333 waiver or 2) you can hire a company or individual that has already successfully obtained a Section 333 waiver. If 

### you choose to hire a company to operate a UAS for your real estate marketing needs, or for some other commercial**p~rpose,** 

### be sure to ask the individual or company if they have a Section 333 waiver to operate the UAS for the purpose you are requesting.

430North MichiganAvenue • Chicago, IL 60611-4087• 800.874.6500 • www.REALTOR.org 

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# DRONES FREQUENTLYASKED QUESTIONS http://www.realtor.org/topics

## Idrones 

## 13) Is INSURANCEAVAILABLE FORUAS OPERATORS? 

## Yes. Insurance companies offer coverage for UAS operators. Be sure to ask any individual or company you are working with if they are insured for the UAS operation. In addition, request that you be named as an additional insured for purposes related to the UAS operation. 

## 14) WHAT CAN 

## I DO TO LIMIT MY LEGAL LIABILI1YWHEN HIRINGA UAS OPERATOR? 

## You should request that the UAS operator indemnify you against any action, suits, damages, losses, costs and expenses (including, without limitation, attorneys' and fees and costs) arising from the UAS operation orthe use ofthe related UAS images. 

## 15) WHERE CAN 

## I FIND A LIST OF INDIVIDUALS AND COMPANIES THAT HAVE OBTAINEDA SECTION

## 333WAIVER? 

## NAR maintains a list of the individuals and companies specific to the real estate industrythathave been granted Section 333 waivers, available on REALTOR.org: http://www.realtor.org/articles/list-offaa-approved-drone-operators-available-on-realtor.org. The FAA's website also contains an up-to-date Est of all 

## of the individuals and companies thathave been granted Section 333 waivers: http://www.faa.gov/uas/legislative programs/section 333/333 author izations/. 

## 16) COULD 

## I BE LEGALLYLIABLE IF

## I HIREA PHOTOGRAPHERWHO DOES NOT HAVE A SECTION 

## 333 WAVIER TO OPERATE A UAS FOR A COMMERCIALPURPOSES? 

## The FAA's mission is the protection of national airspace and the safe operation of aircraft. As such, the FAA's enforcement efforts with respect to UAS are focused on the UAS operator and the safety of the 

# rn NATIONAL ASSOCIATION

### of REALTORS" 430North MichiganAvenue • Chicago,/L 60611-4087 • 800.874.6500 • www.REALTOR.org REAlTOR' 

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# DRONES FREQUENTLYASKED QUESTIONS**------~h~t~t~~:~//~~~~·r~e~a=lt~o~r.~o=rg:/=t=o=p=ic:s:/d~r=o=n:e:s**________________________ _

# ---------- flight. Therefore, an impermissible or carless or reckless operation of a UAS could result in an FAA enforcement action against the UAS operator. However, beyond FAA enforcement, a real estate professional could be the subject of legal risk under state law if an individual is injured or an individual's privacy orproperty rights are infringed upon as a result ofthe UAS operation. 17) WHERE CAN

## I REPORTANYSUSPECTED IMPROPERUSE OFAUAS? 

## Any concerns regarding the unauthorized commercial use or unsafe operation of a UAS can be directed to the FAA or to local law enforcement authorities. 

## 18) DOES USE OFA UAS WITHOUTA SECTION

## 333 WAIVER CONSTITUTEA VIOLATION OFTHE 

### REALTOR® CODE OF ETHICS? 

## The REALTOR® Code ofEthics does not address this type ofconduct. While REALTORS® are encouraged to always abide by local, state, and federal laws, it 

## is not a REALTOR® association's role to adjudicate whether a REALTOR® has violated a local, state or federal law. 19) WHAT DUTY DOES AN 

## MLS HAVE TO REMOVE UAS-OBTAINED IMAGES IN A LISTING THAT WERE OBTAINED WITHOUT A SECTION 333WAIVER? 

## An MLS does not have an obligation to investigate or to remove UASobtained images in listings where the MLS suspects that such images were not taken pursuant to a Section 333 waiver. An MLS may create a policy prohibiting MLS participants from placing images on the MLS where such images were taken in violation ofthe FAA's prohibition on the commercial use of UAS. Before creating a policy on this issue, an MLS should consider its ability to consistently police and thoroughly investigate whether such images are compliant with FAA rules and regulations.

430North MichiganAvenue • Chicago. 1L 60611-4087 • 800.874.6500 • www.REALTOR.org 

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# DRONES FREQUENTLYASKED QUESTIONS http:

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## Idrones 20) WHERE CAN

## I FINDADDITIONALINFORMATIONABOUT

## UAS? 

## There are many valuable UAS resources available on REALTOR.org, including:

• ·REAL TOR.org page dedicated to UAS, providing legal and regulatory updates, as well as other relevant UAS news and information: http:llwww.realtor.orgltopics

## Idrones

• "Drone Fever: Getting Permission to Fly in the U.S." webinar, hosted by the National Association ofREALTORS® and presented by HoganLovells: www.realtor.orglarticles/nar-hosts-uas-webinar-with-hogan-lovells

• ''Window to the Law" video on the FAA's February 2015 Notice of Proposed Rulemaking on the Operation and Certification of Small Unmanned Aircraft Systems: www.realtor.org/videos/window-tothe-law-faa-proposes-drone-rules

• Currentlist ofreal estate-related Section 333 waiver holders:http://W\vw.realtor.org/articles/list-of-faa-approved-droneoperators-available-on-realtororg The FAA's website is also a greatresource for UAS information:

• WW\V.faa.gov/uas/ Information about the "I<now Before You Fly Campaign", a campaign dedicated to educating prospective UAS users about the safe and responsible operation ofUAS, is available here: ·

• www.knowbeforeyoufly.org/

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