November 6, 2015 

Dept. of Transportation, Docket Operations 

West Building Ground Floor, Room wl2-140 

1200 New Jersey Avenue, SE., 

Washington, D.C., 20590 

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Roshan Patel 

3118 Oakcrest Drive 

Chino Hills, CA 91709 

Direct: (909) 217-4608 

Fax: (909) 364-9262 

rpatel@tarbell.com 

Exemption Request under Section 333 ofthe FAA Reform Act and Part 11 ofthe Federal Aviation 

Regulations 

Dear Sir or Madam: 

Pursuant to Section 333 ofthe FAA Modernization and Reform Act of2012 (the "Reform Act") and 14 C.F.R. 

Part 11, I, Rosh an Patel seek an exemption from Federal Aviation Regulations ("F ARs") 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-motor rotorcraft in 

the form of a quadcopter that takes off and 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 of capturing imagery in the form of full color, high definition still photos 

and videos; 

• An on-board telemetry system that delivers flight data from the on-board flight computer to the onboard radio transmitter including altitude AGL, horizontal and vertical speed, compass direction of 

flight and direction back to its launch site; 

• A 600mW, 5.8GHz on-board radio transmitter that transmits live video from the on-board camera plus 

all the flight data from the telemetry system described above; 

THE GROUND STATION-BASED PART OF THE SYSTEM: 

• A Pilot in Command (PIC) in operational control of a flight operation from beginning to end and who 

controls the UA while in the air; 

• A 1OOm W, 2.4Ghz radio 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 of eyes to visually track the UA while 

in flight. 

The requested exemption would support an application for a commercial Certificate of Authorization to use the 

above described CA V 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 current risk 

levels and thereby enhance safety and diminish the likelihood of death or serious bodily injury. With a small 

payload and maximum flight time of only 20 minutes, this offers little or no risk to national security. 

Low level oblique photos and videos from several angles are far more effective than ground-based imagery for 

displaying the characteristics of large, complex properties with several buildings and large trees. Helicopters 

can be used, but they are far more expensive and not able to fly as low. The benefit of reduced cost and 

improved quality of presentation from the UA will be valuable and benefit many buyers and sellers of real 

property. 

The PD System will be operated in the field of with both PIC and a YO in accordance with FAA Policy N 

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 400ft AGL, at an airspeed of no 

more than 25 knots and no further than % NM from 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 with the permission of the 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 prior to 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 of people; 

j. The PD System will not be operated over heavily trafficked roads; 

k. The PD System will not be operated within 5 NM of an airport or heliport; 

I. Operations will be restricted to day only and weather conditions equivalent to VFR; 

m. The PIC will brief the 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 

that the UA is in a condition safe for flight (see Appendix A). 

The PIC and VO will meet the 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 of maintenance instruction as part of their initial training. 

I strongly believe that the combination of the 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 of the Restrictions 

(a) through (n) listed above, the FAA can have full confidence that the operation will have an equivalent or 

greater level of safety than manned aircraft performing the same mission. 

The name and contact information of the applicant is: 

Roshan Patel 

Phone: (909) 217-4608 

Email: rpatel@tarbell.com 
The regulations from which the exemption is requested are listed below. Beside each regulation number is the 

page of the attached Addendum upon which each may be found together with our proposed 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 Subpart E (91.40 1- 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 or limited access due to numerous factors. Many properties 

are "hidden" behind walls and landscaping, resulting in diminished "curb appeal". Providing this relief would 

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 UA V's provide for property inspections 

including roof and chimney that can assist in identifying hard to observe defects in manufacturing and 

installation. Camera mounted 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 risk to life and limb is 

a general benefit to 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 or nearby unsightly development. This in turn reduces exhaust emissions and air pollution. My UA V 

utilizes battery power and have no negative impact on the environment. When fully rolled out, these emission 

reductions will be measurable and significant. 

Roshan Patel, Realtor 

CalBRE# 01949674 

(909) 217-4608 
Addendum 

ADDENDUM EXEMPTION REQUESTS AND EQUIVALENT LEVEL OF SAFETY 

I, Roshan Patel request an exemption from the following regulations as Ill as any additional regulations that 

may technically apply to the operation of theCA V System: 

14 CFR Part 21, Subpart H: Airworthiness Certificates. This part establishes the procedures for the issuance of 

an airworthiness certificate. While the FAA continues to work to develop airworthiness standards for 

Unmanned Aerial Systems, I request an experimental certificate be issued for the PO System under either or 

both of the 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 operating techniques, or new 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 of type and supplemental 

type certificates, flights to substantiate major design changes, and flights to show compliance with the function 

and reliability requirements of the regulations. 

Since the experimental certificate can be used for commercial purposes such as market surveys, sales 

demonstrations, and customer crew training, I would expect that 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 of carbon fiber and plastic, I 

propose that the UA will be at least as safe, if not safer, than a conventionally certificated aircraft performing 

the same mission. 

If an experimental airworthiness certificate is not appropriate for this application, then I request an exemption 

of 14 CFR Part 21, Subpart H, and the requirement for an airworthiness certificate in general, citing the 

equivalent level of safety outlined in the previous paragraph. 

14 CFR 91.203(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 at the 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 of carrying passengers or crew. To obtain an equivalent level of safety and meet 

the intent of91.203, I propose that documents deemed appropriate for this aircraft by the FAA will be colocated with the crew at the 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 via placard containing the following information plus the word 

"EXPERIMENTAL" to satisfy the requirement of 14 CFR 45.23, which follows immediately after the 

proposed placard description below: 

EXPERIMENTAL 
Manufacturer: DJI Innovations, Inc. 55 South A Street, Suite II 0 Pensacola, FL 32502 Model: Phantom 3 

Professional 

Iffound please contact: (909) 2I7-4608 

14 CFR 45.23 Display of marks; general and 45.29 Size of marks. 

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. The UA does not have an entrance in which 

the word "EXPERIMENTAL" can be placed, and may not have a registration number assigned to it by the 

FAA. 

I propose to achieve an equivalent level of safety by including the word "EXPERIMENTAL" in the placard on 

the top of the aircraft, as shown above, where the PIC, VO and others in the vicinity of the 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 at the ground station. 

Finally, I will display at the ground station a high contrast flag or banner that contains the words "Unmanned 

Aircraft Ground Station" in letters 3 inches high or greater. Since the aircraft will operate within 3/4 NM of the 

ground station, the banner should be visible to anyone that observes the aircraft and chooses to investigate its 

point of origin. 

14 CFR 91.9 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. I assume that the intent of this requirement is to ensure that flight manual information is available 

to the aircrew while operating the aircraft. I request an exemption to this requirement since the aircraft is not 

only too small to carry documentation; the documentation would not be available to the crew during flight 

operations. 

To obtain an equivalent level of safety and meet the intent of91.9, I propose that a current, approved UA 

Flight Manual (Appendix A) must be available to the crew at the ground station anytime the aircraft is in, or 

preparing for, flight. 

14 CFR 61.113 Private pilot privileges and limitations: Pilot in Command and 61.133 Commercial pilot 

privileges and limitations. 

The regulation provides that no person that holds a private pilot certificate may act as pilot in command of an 

aircraft for compensation or hire. Subparagraph (b) allows a private pilot to act as pilot in command of an 

aircraft in connection with any business or employment 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. 

Our proposed operations require that the PIC must either: 

1. Hold a Commercial Pilot Certificate issued by the FAA, and have logged 25 hours of flight experience in 

this type ofUA, or 

2. Meet the requirements of8900.227 paragraph 16(c)(2)(c) "Operations without a pilot certificate" in which 

the PIC is required to complete "FAA private pilot ground instruction" and pass "the FAA Private Pilot written 

examination." Since there are currently no means available for the pilot of a UAS to gain the experience in an 

equivalent category and class in order to apply for a commercial pilot's license, I propose to generate an 

equivalent level of safety by requiring our pilots to complete, at a minimum, FAA commercial pilot ground 

instruction and pass the FAA Commercial Pilot written examination in addition to completing the 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 CFR 91.109 Flight Instruction; Simulated instrument flight and certain flight tests 
The regulation states that "No person may operate a civil aircraft that is being used for flight instruction unless 

that aircraft has fully functioning dual controls." 

The PD System ground-based control station consists of a small hand-held radio transmitter and while it does 

not offer a second set of "controls", both the student and instructor can, and will, operate the sinile set of 

controls simultaneously. With both student and instructor having "hands-on" the controls during flight, l feel 

that this technique meets the intent 91.109 and provides an equivalent level of safety. 

14 CFR 91.119 Minimum safe altitudes: General. The regulation states that over sparsely populated areas 

the aircraft cannot be operated closer than 500 feet to any person, vessel, vehicle, or structure. Since the 

aircraft will be operating at a maximum of 400 feet AGL, I cannot comply with this requirement. In order to 

provide an equivalent level of safety I will only fly over private property with the permission of the owner of 

the property flown over. The aircraft will not be operated over congested areas or over any open air assembly 

of persons. The property owner will be briefed on the expected route of flight and the associated risks to 

persons and property on the ground. The aircraft will be operated at a low altitude allowing, if a power unit 

fails, an emergency landing without undue hazard to persons or property on the surface. Therefore I maintain 

that due to the small size of the UA, the hazard to persons, vehicles and structures is minimal compared to 

manned aircraft, which should be considered in granting the exemption. 

14 CFR 91.121 Altimeter settings. 

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

available within 100 NM ofthe aircraft. 

The UA will always fly below 400 feet AGL and will not need to maintain cruising altitudes in order to 

prevent conflict with other aircraft. An Above Ground Level altimeter measurement above the takeoff point is 

transmitted via radio 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 VFR conditions. 

The regulation provides 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 after that for at least 30 minutes. 

I feel the intention of this paragraph is to provide an energy reserve as a safety buffer for delays to landing. 

The UA is battery operated and the maximum duration of flight from a single battery charge is 18 minutes with 

a 20% reserve. Since the aircraft will never fly more than % NM from the point of intended landing, a full 

battery charge at launch will ensure that I meet the reserve energy requirement of this paragraph. I request an 

exemption to the word "fuel" and ask for an equivalent interpretation with the word "energy". 

14 CFR Subpart E (91.401 - 91.417)- Maintenance, Preventive Maintenance, 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. 

It is our intention that the PIC perform maintenance and inspection of the aircraft and "be authorized to 

approve the aircraft for return to service." As provided in the Pre-Flight Checklist in Appendix A, the PIC will 

ensure that the aircraft is in an airworthy condition prior to every flight and in addition conduct detailed 

inspections after every two hours of flight. Maintenance performed by the PIC is limited to repairing small 

cracks, replacing a propeller, checking electrical connections and updating software and firmware for the onboard computer. All other maintenance will be performed by the manufacturer or their designated repair 

facility. The PIC will document work performed in accordance with 91.417. I feel that due to the size, 

construction, and simplicity of the aircraft, the PIC can ensure an equivalent level of safety. 

8900.227 Paragraph 16(c)(4) PIC Medical. And Paragraph 16(e)(1) Observer Medical. 
This policy provides that both the PIC and VO must have 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 of carbon fiber and plastic and the PIC is not on board. Both the PIC and the VO are required to be 

in VLOS. Given the unlikely event that both the PIC and VO become medically incapacitated while the 

aircraft is in flight, the UA will return autonomously to the site of launching and land without crew 

intervention. Therefore, requiring the PIC and VO to meet the same medical requirements as a commercial 

pilot carrying passengers in a large aircraft is an unnecessary burden. 

I propose that the 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 that the 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 

FLIGHT 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 400' AGL, at an airspeed of no more 

than 25 knots and no further than 3/4 NM 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 property with the permission of the property owner; 

(e) The PIC must have accumulated and logged, in a manner consistent with 14 CFR § 61.51 (b), a minimum 

of 100 flight cycles and 25 hours of total 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 prior to operation; 

(g) The PO System will not be operated over densely populated areas; 

(h) The PO System will not be operated at air shows; 

(i) The PO System will not be operated over any open-air assembly of people; 

(J) The PO System will not be operated over heavily trafficked roads; 

(k) The PO System will not be operated within 5 NM of an airport or heliport; 

(I) Operations will be restricted to day only and weather conditions equivalent to VFR; 

(m)The PIC will brief the 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 successful Pre-Flight Inspection by the PIC before each operation to 

ascertain that the UA is in a condition safe for flight. 

PRE-FLIGHT CHECKLIST 

(1) Use voltmeter to determine that UA battery is fully charged in order to prevent unexpected premature 

descent; 

(2) Check all wiring connections are tight; 

(3) Check all propellers and ensure they are undamaged and no cracks exist in any structural members of the 

UA; 

(4) Turn on radio controller, check for adequate voltage, set it to connect to the UA, move all control switches 

to forward or down position and throttle control stick full back position; 

(5) Connect UA main battery, check for radio contact with UA's radio receiver; 

(6) At a location different from previous flight, re-set GPS and compass to current location; 

(7) Turn on transmitter, gimbal and camera. 

TO REGAIN CONTROL AFTER LOST RADIO CONTACT 

1. Failsafe= ON 

2. Throttle = 50% 

3. Mode= A TTl 
4. Failsafe = OFF 

5. Mode= GPS If radio contact is not restored, the UA will automatically continue at 60ft above its last 

elevation before losing contact toward its takeoff point, then descend and land there autonomously 
DRONES 

FREQUENTLY ASKED QUESTIONS 

http://www.realtor.org/topics/drones 

In response to NAR members' growing interest in drones, or unmanned 

aircraft systems t"UAS") as they are referred to by the Federal Aviation 

Administration ("PAA'?, this FAQ has been assembled to help answer 

some of the most frequendy asked questions NAR receives regarding the 

legal and regulatory landscape of UAS, and a real estate professional's 

ability to use this emerging technology. 

1) WHAT IS 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 of the system, flown by a pilot via a ground 

control system, or autonomously through use of an 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, not just the flying portion of the system. 

2) HOW DO UAS TYPICALLY OPERATE? 

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 estate industry. 

3) MAY I USE A UAS TO TAKE AERIAL IMAGES OF MY REAL ESTATE 

LISTINGS? 

You may use a UAS only if you have received a Section 333 waiver from 

the FAA. Current FAA laws and regulations generally prohibit the 

m NATIONAL LJ3 ASSOCIATION of 

430 North Michigan Avmut • Chicago, JL 60611-4087 • 800.874.6500 • www.REALTOR.org IlEAL Toll' REALTORS" 

1 
DRONES 

FREQUENTLY ASKED 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 OF MY REAL ESTATE LISTINGS? 

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 NAR TAKEN A POSITION 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 and penalties. 

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 of REALTORS® will continue its ongoing efforts to educate 

REALTORS® about the current and future regulatory structure for the 

safe and responsible operation of unmanned aerial vehicles. 

430 North Michigan Avenut • Chicago, /L 60611-4087 • 800.874.6500 • www.REALTOR.org 

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FREQUENTLY ASKED QUESTIONS 

___ h_t_tP~_: =_:_lwww __ .r_e_al_to-· r_.o_r.::_lt_o.:_p_ic_s_ld_r_o_n_e_s ----------

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) HOW DO I APPLY FOR A SECTION 333 WAIVER? 

The Section 333 waiver process involves the filing of a petltlon of 

exemption with the FAA. You can find more specific information about 

what a petition of exemption 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) HOW LONG DOES THE 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 of 50 Section 333 waivers a week. 

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

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-----h-t~tp~=-1_/_www __ .r_ea_l_to_r_.o_r_:g:_/&:_o_p:_~l-· c_s_ld_r_o..=n.::e::s _______ __.-

10) ARE THERE ANY PROPOSED REGULATORY CHANGES TO ALLOW FOR 

THE FUTURE COMMERCIAL USE OF UAS? 

Yes. The FAA Modernization and Reform Act of 2012 charged the 

FAA with integrating the commercial use of UAS 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 IT ANTICIPATED THAT THE RULE WILL 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 comment period 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 WANT TO USE UAS BEFORE THE 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. 

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

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rn NATIONAL 

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DRONES 

FREQUENTLY ASKED QUESTIONS 

http:// www.realtor.org/ topics I drones 

13) Is INSURANCE AVAILABLE FOR UAS 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 LIABILI1Y WHEN HIRING A 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 

or the use of the related UAS images. 

15) WHERE CAN I FIND A LIST OF INDIVIDUALS AND COMPANIES THAT 

HAVE OBTAINED A SECTION 333 WAIVER? 

NAR maintains a list of the individuals and companies specific to the 

real estate industry that have 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 that have been granted Section 333 waivers: 

http://www.faa.gov /uas/legislative programs/section 333/333 author 

izations/. 

16) COULD I BE LEGALLY LIABLE IF I HIRE A PHOTOGRAPHER WHO DOES 

NOT HAVE A SECTION 333 WAVIER TO OPERATE A UAS FOR A 

COMMERCIAL PURPOSES? 

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" 430 North Michigan Avenue • Chicago,/L 60611-4087 • 800.874.6500 • www.REALTOR.org REAlTOR' 

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DRONES 

FREQUENTLY ASKED 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 or property rights are infringed upon as 

a result of the UAS operation. 

17) WHERE CAN I REPORT ANY SUSPECTED IMPROPER USE OFA UAS? 

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 OF A UAS WITHOUT A SECTION 333 WAIVER CONSTITUTE A 

VIOLATION OF THE REALTOR® CODE OF ETHICS? 

The REALTOR® Code of Ethics does not address this type of conduct. 

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 of the 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. 

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

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rn NATIONAL 

ASSOCIATION of 

REALTOR' REALTORS"' 
DRONES 

FREQUENTLY ASKED QUESTIONS 

http: II www.realtor.orgl topics I drones 

20) WHERE CAN I FIND ADDITIONAL INFORMATION ABOUT 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.orgl topics I drones 

• "Drone Fever: Getting Permission to Fly in the U.S." webinar, 

hosted by the National Association of REALTORS® and presented 

by Hogan Lovells: 

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 

• Current list of real 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 great resource for UAS information: 

• WW\V.faa.gov/uas/ 

Information about the "I<now Before You Fly Campaign", a campaign 

dedicated to educating prospective U AS users about the safe and 

responsible operation of UAS, is available here: · 

• www.knowbeforeyoufly .org/ 

430 North Michigan Avenut' • Chicago, lL 60611-4087 • 800.874.6500 • www.REALTOR.org 

7 

[B NATIONAL 

ASSOCIATION of 

REALTORS6 

REALTOR'