UNITED STATES OF AMERICA

DEPARTMENT OF TRANSPORTATION

FEDERAL AVIATION ADMINISTRATION

WASHINGTON, DC

Regulatory Docket No. _______________ 

IN THE MATTER OF THE PETITION FOR EXEMPTION OF:

HIFLY PHOTOGRAPHY

FOR AN EXEMPTION SEEKING RELIEF FROM THE REQUIREMENTS OF

TITLE 14 OF THE CODE OF FEDERAL REGULATIONS

SECTIONS 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), AND 91.417(a)

& (b) CONCERNING COMMERCIAL OPERATION OF: 

DJI PHANTOM 2 VISION+, DJI PHANTOM 3 & DJI INSPIRE 1

UNMANNED AIRCRAFT SYSTEMS

PURSUANT TO SECTION 333 OF

(PUBLIC LAW 112-95)

THE FAA MODERNIZATION AND REFORM ACT OF 2012

Submitted on September 18, 2015 

HiFly Photography 525 S School 

Suite 210, Fayetteville AR 72701

214-864-6512
Petition for Exemption Page 1 of 26

TABLE OF CONTENTS

SUMMARY......................................................................................................................................................................................... 2

INTRODUCTION AND INTERESTS OF THE PETITIONER ........................................................................................ 2

BACKGROUND............................................................................................................................................................................... 2

BASIS FOR PETITION.................................................................................................................................................................. 3

A. NAME AND ADDRESS OF THE PETITIONER........................................................................................................... 4

B. THE SPECIFIC SECTIONS OF 14 C.F.R. FROM WHICH HIFLY PHOTOGRAPHY SEEKS

EXEMPTION. ........................................................................................................................................................................... 5

C. THE EXTENT OF RELIEF SOUGHT BY HIFLY PHOTOGRAPHY:.............................................................8 

D. THE REASONS WHY GRANTING HIFLY PHOTOGRAPHY REQUEST WOULD BE IN THE

PUBLIC INTEREST; THAT IS, HOW IT WOULD BENEFIT THE PUBLIC AS A WHOLE..........................10

E. THE REASONS WHY GRANTING THE EXEMPTION WOULD NOT ADVERSELY AFFECT SAFETY,

OR HOW THE EXEMPTION WOULD PROVIDE A LEVEL OF SAFETY AT LEAST EQUAL TO THAT

PROVIDED BY THE RULE FROM WHICH HIFLY PHOTOGRAPHY SEEKS EXEMPTION............12 

F. REASONS WHY AN EXEMPTION FROM THE REQUIREMENTS OF SECTION 61.113(A) AND (B)

WOULD NOT ADVERSELY AFFECT SAFETY..........................................................................................................19

G. REASONS WHY AN EXEMPTION FROM THE REQUIREMENTS OF SECTION 91.7(A) WOULD NOT

ADVERSELY AFFECT SAFETY.......................................................................................................................................21

H. REASONS WHY AN EXEMPTION FROM THE REQUIREMENTS OF SECTION 91.121 WOULD NOT

ADVERSELY AFFECT SAFETY.......................................................................................................................................21

I. REASONS WHY AN EXEMPTION FROM THE REQUIREMENTS OF SECTION 91.151(B) WOULD

NOT ADVERSELY AFFECT SAFETY............................................................................................................................21

J. REASONS WHY AN EXEMPTION FROM THE REQUIREMENTS OF SECTIONS 91.405(A),

91.407(A)(1), 91.409(A)(1) & (A)(2), AND 91.417(A) & (B) WOULD NOT ADVERSELY AFFECT SAFETY.

22

K. THE FAA MAY PRESCRIBE ANY OTHER CONDITIONS FOR SAFE OPERATION. .................................23

L. CONCLUSION........................................................................................................................................................................25

M. APPENDICES: ........................................................................................................................................................................26
Petition for Exemption Page 2 of 26

SUMMARY

HIFLY PHOTOGRAPHY seeks exemption from the requirements of 14 C.F.R §§ 61.113(a) & (b), 91.7(a), 

91.119 (c), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), to operate an 

Unmanned Aircraft System pursuant to Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA). 

This exemption will permit HIFLY PHOTOGRAPHY to operate an Unmanned Aircraft System (UAS) for the 

commercial purpose of conducting aerial video and photography of real estate, commercial properties and 

landscapes over certain areas within the United States. 

INTRODUCTION AND INTERESTS OF THE PETITIONER

HIFLY PHOTOGRAPHY seeks to establish and provide a service provider based company capable of 

providing high quality aerial images and videos to its clients with the safest and most cost effective means 

available. The focus of HIFLY PHOTOGRAPHY is to provide these services to the following commercial markets: 

 Aerial Photography and Videography

 Real Estate Marketing and Promotions

 Commercial Advertising and Marketing

 Residential and Commercial Property Inspections, Appraisals and Survey

 Commercial Agriculture

 . BACKGROUND 

HIFLY PHOTOGRAPHY seeks an exemption to operate DJI systems for compensation or hire within the 

NAS. The DJI Phantom 2 Vision+, Phantom 3, DJI Inspire platforms are VTOL (vertical takeoff and 

landing) Unmanned Aircraft (UA) with a Ground Control Station (GCS) utilizing electronic tablet or smart 

phone systems. The DJI Phantom 2 Vision+ and Phantom 3 have a maximum gross weight of approximately 2 

pounds 11 ounces, with the dimensions of 16x16 inches wide, height of 8 inches, and a maximum speed of 

approximately 31 knots. The DJI Inspire 1 has a maximum gross weight of 6 pounds 7.5 ounces, a length of 17.3 

inches, width of 17.7 inches, height of 11.8 inches, and a maximum speed of approximately 42 knots. The DJI 

Phantom 2 Vision+, Phantom 3, DJI Inspire systems are driven by rechargeable Lithium Polymer battery powered 

electric motors that drive four main rotors. 
Petition for Exemption Page 3 of 26

The DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs that will be operated by HIFLY 

PHOTOGRAPHY will be registered in accordance with 49 U.S.C. 44103, Registration of Aircraft, as well as 14 

C.F.R Part 47, Aircraft Registration, and marked in accordance with 14 C.F.R. Part 45, Identification and

Registration Marking.

BASIS FOR PETITION

Petitioner, HIFLY PHOTOGRAPHY, pursuant to the provisions of the Federal Aviation Regulations (14 

C.F.R. § 11.61) and the FAA Modernization and Reform Act of 2012 (FMRA), Section 333, Special Rules for Certain

Unmanned Aircraft Systems, hereby petitions the Administrator to commercially operate the DJI Phantom 2 Vision+,

DJI Inspire 1 UAs in the National Airspace System (NAS), and for an exemption from the requirements of 14 C.F.R

§§ 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b).

In consideration of the speed, weight, size, and limited operating area associated with the unmanned aircraft and 

its operation, HIFLY PHOTOGRAPHY operation of DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs 

meets the conditions of FMRA Section 333 and therefore, will not require an airworthiness certificate in accordance 

with 14 C.F.R. Part 21, Subpart H. 

Accordingly, HIFLY PHOTOGRAPHY requests relief from Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)

(2), and 91.417(a) & (b), as these sections set forth requirements for maintenance that only apply to aircraft with an 

airworthiness certificate. 

HIFLY PHOTOGRAPHY submits that the requested relief is proper since an equivalent level of safety will be 

ensured. HIFLY PHOTOGRAPHY will use experienced personnel or technicians to perform maintenance, 

alterations, or preventive maintenance on the UAs using the methods, techniques, and practices prescribed in the 

operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+, DJI Inspire 1, Phantom 3 

Instruction Manuals). Furthermore, HIFLY PHOTOGRAPHY will document and maintain all maintenance 

records for the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs. 

Relief from certain requirements of Section 61.113(a) and (b), entitled Private pilot privileges and limitations: Pilot in 

command, is requested by HIFLY PHOTOGRAPHY to the extent necessary to allow a Pilot in Command (PIC) 

holding a private pilot or higher level certificate, as well as an airman medical certificate, and who has demonstrated, 

by meeting minimum flight- hour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 

Vision+, Phantom 3, DJI Inspire 1 UAs in a manner consistent with this exemption, including evasive and emergency 

maneuvers and maintaining appropriate distances from people, vessels, vehicles and structures. 
Petition for Exemption Page 4 of 26

HIFLY PHOTOGRAPHY seeks relief from Section 91.7(a), entitled Civil aircraft airworthiness, because the DJI 

Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs do not require an airworthiness certificate in accordance with 14 

C.F.R. Part 21, Subpart H. As such, HIFLY PHOTOGRAPHY submits that he will ensure that the DJI Phantom 2

Vision+, Phantom 3, DJI Inspire UAs are in an airworthy condition, prior to every flight, by determining that the

UAs are in compliance with the operating documents (i.e., Monthly Maintenance Log, and DJI Phantom 2 Vision+,

Phantom 3, DJI Inspire Instruction Manual), and that the aircraft are in a condition for safe flight.

HIFLY PHOTOGRAPHY also seeks an exemption from the requirements of Section 91.121, entitled 

Altimeter Settings, as the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs will not have a typical barometric 

altimeter onboard. However, altitude information of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire UAs will be 

provided to the PIC via Global Positioning System (GPS) equipment and radio communications telemetry data link, 

which downlinks from the UA to the GCS for active monitoring of the flight path. This altitude information, 

combined with HIFLY PHOTOGRAPHY’s operation of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 

UAs within visual line of sight, at or below 500 feet AGL, will ensure a level of safety equivalent to Section 91.121. 

Additionally, HIFLY PHOTOGRAPHY seeks an exemption from the requirements of Section 91.151(b), 

entitled Fuel requirements for flight in VFR conditions. HIFLY PHOTOGRAPHY submits that safety will not be 

affected by operation of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs during daylight hours in visual 

meteorological conditions (VMC) under visual flight rules (VFR), with enough battery power to fly for a total duration 

of approximately 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly after 

that for at least 4.5 minutes. In accordance with 14 C.F.R. § 11.81, HIFLY PHOTOGRAPHY provides the 

following information in support of its petition for exemption: 

A. Name and Address of the Petitioner.

The name and address of the Petitioner and point of contact is:

Chris Stoddart

HIFLY PHOTOGRAPHY

525 S School Suite 210

Fayetteville, AR 72701

(214)864-6512

Email: contact@hiflyphotography.com
Petition for Exemption Page 5 of 26

B. The Specific Sections Of 14 C.F.R. From Which HIFLY PHOTOGRAPHY Seeks Exemption.

B.01 HIFLY PHOTOGRAPHY Seeks Exemption From The Requirements Of Section 61.113(a) And (b).

Section 61.113, entitled Private pilot privileges and limitations: Pilot in command, subsections (a) and (b)

prescribe the following, in relevant part: 

(a) No person who holds a private pilot certificate may act as a pilot in command (PIC) of an aircraft that is

carrying passengers or property for compensation or hire; nor may that person, for compensation or hire, act

as PIC of an aircraft.

(b) A private pilot may, for compensation or hire, act as PIC 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.

B.02 HIFLY PHOTOGRAPHY Seeks Exemption From The Requirements Of Section 91.7(a). Section 91.7,

entitled Civil aircraft airworthiness, subsection (a), states the following:

(a) No person may operate a civil aircraft unless it is in an airworthy condition.

C.03 HIFLY PHOTOGRAPHY Seeks Exemption From The Requirements Of Section 91.119 (b). Section

91.119(b) establishes safe altitudes for operations of civil aircraft over congested areas and is defined as follows:

“(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air 

assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet 

of the aircraft.” 

HIFLY PHOTOGRAPHY seeks relief from this exemption as our main operating within the Tampa Bay 

community is widely considered a “congested area” depicted on a VFR Sectional Chart by a “yellow” color 

shade. The UAS will be operating within a restricted area around our point of interest preventing 

non-participating people to be well clear and safe of our operations. HIFLY PHOTOGRAPHY has 

no intention of operating our UAS above 400 feet in height above and not beyond the area of interest. 

This confined operating work space will support that safe operations within a congested community can be 

safely accomplished. We also plan to have placards or self-standing signs notifying the general public 

that UAS operations are operating overhead and please stand clear. HIFLY PHOTOGRAPHY is 

focused on maintaining a high degree of safety in all aspects of our flight operations and any foreign body 

such as person or vehicle which enters our restricted area of operation would cause an immediate 

suspension of flight operations until that obstacle can be cleared. 
Petition for Exemption Page 6 of 26

B.04 HIFLY PHOTOGRAPHY Seeks Exemption From The Requirements Of Section 91.121. Section 91.121,

entitled Altimeter settings, subsection (a), states the following, in part:

(a) Each person operating an aircraft shall maintain the cruising altitude or flight level of that aircraft, as the

case may be, by reference to an altimeter that is set, when operating--

C.Below 18,000 feet MSL, to--

(i) The current reported altimeter setting of a station along the route and within 100 nautical miles of the aircraft;

(ii) If there is no station within the area prescribed in paragraph (a)(1)(i) of this section, the current reported

altimeter setting of an appropriate available station; or

(iii) In the case of an aircraft not equipped with a radio, the elevation of the departure airport or an appropriate

altimeter setting available before departure.

B.05 HIFLY PHOTOGRAPHY Seeks Exemption From The Requirements Of Section 91.151(b). Section 91.151,

entitled Fuel requirements for flight in VFR conditions, subsection(b), states the following:

(b) No person may begin a flight in a rotorcraft under VFR conditions unless (considering wind and forecast

weather conditions) there is enough fuel to fly to the first point of intended landing and, assuming normal

cruising speed, to fly after that for at least 30 minutes.

C.06 HIFLY PHOTOGRAPHY Seeks Exemption From The Requirement Of Section 91.405(a). Section 91.405,

entitled Maintenance required, subsection (a), states the following: Each owner or operator of an aircraft—

Shall have that aircraft inspected as prescribed in subpart E of this part and shall between required 

inspections, except as provided in paragraph (c) of this section, have discrepancies repaired as prescribed in 

part 43 of this chapter[.] 

B.07 HIFLY PHOTOGRAPHY Seeks Exemption From The Requirements Of Section 91.407(a)(1) Section

91.407, entitled Operation after maintenance, preventive maintenance, rebuilding, or alteration, subsection (a)(1),

states the following:

(a) No person may operate any aircraft that has undergone maintenance, preventive maintenance, rebuilding,

or alteration unless--

(1) It has been approved for return to service by a person authorized under § 43.7 of this chapter[.]

B.08 HIFLY PHOTOGRAPHY Seeks Exemption From The Requirements Of Sections 91.409(a)(1) And

91.409(a)(2). Section 91.409, entitled Inspections, subsection (a), states the following:

(a) Except as provided in paragraph (c) of this section, no person may operate an aircraft unless, within the

preceding 12 calendar months, it has had --
Petition for Exemption Page 7 of 26

(1) An annual inspection in accordance with part 43 of this chapter and has been approved for return to service

by a person authorized by § 43.7 of this chapter; or 

(2) An inspection for the issuance of an airworthiness certificate in accordance with part 21 of this chapter.

B.09 HIFLY PHOTOGRAPHY Seeks Exemption From The Requirements Of Sections 91.417(a) And 91.417(b).

Section 91.417, entitled Maintenance records, subsections (a) and (b), state the following:

(a) Except for work performed in accordance with §§ 91.411 and 91.413, each registered owner or operator

shall keep the following records for the periods specified in paragraph (b) of this section:

(1) Records of the maintenance, preventive maintenance, and alteration and records of the 100-hour, annual,

progressive, and other required or approved inspections, as appropriate, for each aircraft (including the

airframe) and each engine, propeller, rotor, and appliance of an aircraft. The records must include--

(i) A description (or reference to data acceptable to the Administrator) of the work performed; and

(ii) The date of completion of the work performed; and

(iii) The signature, and certificate number of the person approving the aircraft for return to service.

(2) Records containing the following information:

(i) The total time in service of the airframe, each engine, each propeller, and each rotor.

(ii) The current status of life-limited parts of each airframe, engine, propeller, rotor, and appliance.

(iii) The time since last overhaul of all items installed on the aircraft which are required to be overhauled on a

specified time basis.

(iv) The current inspection status of the aircraft, including the time since the last inspection required by the

inspection program under which the aircraft and its appliances are maintained.

(v) The current status of applicable airworthiness directives (AD) and safety directives including, for each, the

method of compliance, the AD or safety directive number and revision date. If the AD or safety directive

involves recurring action, the time and date when the next action is required.

(vi) Copies of the forms prescribed by § 43.9(d) of this chapter for each major alteration to the airframe and

currently installed engines, rotors, propellers, and appliances.

(b) The owner or operator shall retain the following records for the periods prescribed:

(1) The records specified in paragraph (a)(1) of this section shall be retained until the work is repeated or

superseded by other work or for 1 year after the completed project.

(2) The records specified in paragraph (a)(2) of this section shall be retained and transferred with the aircraft

at the time the aircraft is sold.
Petition for Exemption Page 8 of 26

(3) A list of defects furnished to a registered owner or operator under § 43.11 of this chapter shall be retained

until the defects are repaired and the aircraft is approved for return to service.

C. The Extent Of Relief Sought by HIFLY PHOTOGRAPHY:

C.01 Extent Of Relief HIFLY PHOTOGRAPHY Seeks And The Reason HIFLY PHOTOGRAPHY

Seeks Relief From Section 61.113(a) And (b). Relief from Section 61.113(a) and (b) entitled Private pilot privileges

and limitations: Pilot in command, is requested to the extent necessary to allow a PIC holding a private pilot or higher 

level certificate, as well as a current and valid airman medical certificate, and who has met certain flight-hour and 

currency requirements, to conduct the proposed UAS flight operations for compensation or hire. 

This relief is requested since the limitations set forth in Section 61.113(a) and (b) state that a private pilot may, for 

compensation or hire, act as PIC 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. 

As set forth more fully below, HIFLY PHOTOGRAPHY submits that an equivalent level of safety will be 

maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision+, Phantom 3, or DJI Inspire 1 

UAS unless that PIC has met certain flight-hour and currency requirements, demonstrating that the PIC is able to 

safely operate either the DJI Phantom 2 Vision+, Phantom 3, or DJI Inspire 1 UAS in a manner consistent 

with the operations specifications as described in this exemption, including evasive and emergency maneuvers, 

as well as maintaining appropriate distances from people, vessels, vehicles and structures. 

Further, HIFLY PHOTOGRAPHY submits that all flights of the DJI Phantom 2 Vision+, Phantom 3, DJI 

Inspire 1 UAs, conducted by the PIC pursuant to the grant of this Petition: (1) will be incidental to HIFLY 

PHOTOGRAPHY‘s business; and (2) will not carry passengers or property for compensation or hire. 

C.02 Extent Of Relief HIFLY PHOTOGRAPHY Seeks And The Reason HIFLY PHOTOGRAPHY

Seeks Relief From Section 91.7(a).

Relief from Section 91.7(a) entitled Civil aircraft airworthiness, is requested to the extent required to allow HIFLY 

PHOTOGRAPHY to determine that the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs are in 

airworthy condition prior to every flight by ensuring that the UAS is in compliance with the operating documents 

(i.e., HIFLY PHOTOGRAPHY Aerial Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision

+, Phantom 3, DJI Inspire Instruction Manual). 
Petition for Exemption Page 9 of 26

HIFLY PHOTOGRAPHY seeks the requested relief because the DJI Phantom 2 Vision+, Phantom 3, DJI 

Inspire 1 UAs do not require an airworthiness certificate in accordance with 14 C.F.R. Part 21, Subpart H. Therefore, 

HIFLY PHOTOGRAPHY will ensure that the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs are in 

airworthy condition based upon its compliance with the operating documents (i.e., Monthly Maintenance Log, 

and DJI Phantom 2 Vision+, Phantom 3, DJI Inspire Instruction Manual) prior to every flight, and further, 

determine that the aircraft are in condition for safe flight, as stated in the conditions and limitations below. 

C.03 Extent Of Relief HIFLY PHOTOGRAPHY Seeks And The Reason HIFLY PHOTOGRAPHY

Seeks Relief From Section 91.121.

Relief from Section 91.121, entitled Altimeter settings, may be required to allow flight operations of the DJI 

Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs, which utilize a barometric pressure sensor, GPS equipment, and 

a radio communications telemetry data link to downlink altitude information from the UA to the PIC at the ground 

control station (GCS). Since the FAA requires that any altitude information concerning UAS operations be 

reported to air traffic control (ATC) in feet above ground level (AGL), HIFLY PHOTOGRAPHY seeks the 

requested relief because the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire UA’s altimeter may be set on the 

ground to zero feet AGL, rather than the local barometric pressure or field altitude, before each flight. 

Considering the limited altitude of the proposed operations, relief from 14 CFR 91.121 is sought to the extent 

necessary to comply with the applicable conditions and limitations stated below. As more fully set forth herein, an 

equivalent level of safety will be maintained since the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs are 

equipped with a barometric pressure sensor and GPS equipment, which automatically ensures that a ground level 

pressure setting will be established prior to each flight, and provides the PIC with altitude information of the UA on 

the heads-up display of the GCS. 

C.04 Extent Of Relief HIFLY PHOTOGRAPHY Seeks And The Reason HIFLY PHOTOGRAPHY

Seeks Relief From Section 91.151(b).

Relief from Section 91.151(b) entitled Fuel requirements for flight in VFR conditions, is requested to the extent 

required to allow flights of the battery powered DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs during 

daylight hours in visual meteorological conditions (VMC), under visual flight rules (VFR), for a total duration of 13.5 

minutes to the first point of intended landing and, assuming normal cruising speed, to fly after that for at least 

4.5 minutes. HIFLY PHOTOGRAPHY seeks the requested relief because without an exemption from Section 

91.151(b), the flight time duration of the battery powered DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs 

will severely constrain the practicality of any aerial video or still photo flight operations that HIFLY 

PHOTOGRAPHY proposes to conduct pursuant to this Petition. 
Petition for Exemption Page 10 of 26

Significantly, as set forth below, the technical specifications of the DJI Phantom 2 Vision+, Phantom 3, 

DJI Inspire 1 UAs, the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire operating documents, and HIFLY 

PHOTOGRAPHY’s proposed operating limitations, ensure that HIFLY PHOTOGRAPHY will safely operate 

the battery powered DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs during daylight hours in 

visual meteorological conditions (VMC), under visual flight rules (VFR), with enough battery power to fly for 

a total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly 

after that for at least 4.5 minutes. 

C.05 Extent Of Relief HIFLY PHOTOGRAPHY Seeks And The Reason HIFLY PHOTOGRAPHY

Seeks Relief From Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b).

Since Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b) only apply to aircraft with 

an airworthiness certificate, HIFLY PHOTOGRAPHY requests relief from these Sections because the DJI Phantom 

2 Vision+, Phantom 3, DJI Inspire 1 UAs do not require airworthiness certificates. As set forth more fully below, the 

DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs meet the conditions of FMRA Section 333 for 

operation without an airworthiness certificate. Accordingly, HIFLY PHOTOGRAPHY will use trained 

technicians to perform maintenance, alterations, or preventive maintenance on the UAs using the methods, 

techniques, and practices prescribed in the UAS operating documents (i.e., the HIFLY PHOTOGRAPHY Aerial 

Operations Manual, Monthly Maintenance Log, and DJI Phantom 2 Vision+, Phantom 3, DJI Inspire Instruction 

Manual). Furthermore, HIFLY PHOTOGRAPHY will document and maintain all maintenance records for the DJI 

Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs. 

D. The Reasons Why Granting HIFLY PHOTOGRAPHY Request Would Be In The Public Interest;

That Is, How It Would Benefit The Public As A Whole.

Granting the present Petition will further the public interest by allowing HIFLY PHOTOGRAPHY to safely, 

efficiently, and economically perform commercial aerial photography and videography services to the general 

public and local government entities. As tourism is a major economical factor in the State of Florida, the ability to 

effectively market our state not only boosts our local economy but also the national economy as well. We look 

to work with local Florida tourism boards to help provide stunning aerial photography and videography at cost 

effective price points that will promote our state as a magnet for tourism for years to come. 

Additionally, use of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs will decrease congestion of the 

NAS, reduce pollution, and provide significant benefits to the economy. Notably, the benefits of HIFLY
Petition for Exemption Page 11 of 26

PHOTOGRAPHY’s proposed operation of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire platforms will be 

realized without implicating any privacy issues. 

D.01 The Public Will Benefit From Decreased Congestion Of The NAS.

The DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs are battery powered and serve as a safe, efficient, 

and economical alternative to the manned aircraft traditionally utilized to obtain aerial imagery. By reducing the 

amount of manned aircraft needed to perform aerial acquisitions, an exemption allowing the use of a DJI Phantom 2 

Vision+ or DJI Inspire 1 UAS would reduce the amount of manned aircraft in the NAS, reduce noise and air 

pollution, as well as increase the safety of life and property in the air and on the ground. 

Furthermore, by reducing the number of manned aircraft operating in the NAS, congestion around airports 

caused by arriving and departing aircraft will be reduced. The DJI Phantom 2 Vision+, Phantom 3, DJI Inspire

platforms do not require an airport to takeoff or land. Likewise, a reduction of manned aircraft conducting aerial 

video and photography missions would result in fewer aircraft that must be handled by air traffic control during the 

ground, takeoff, departure, arrival, and landing phases of flight operations.

D.02 The Public Will Benefit From The Safety And Efficiency Of The DJI Phantom 2 Vision+ & DJI Inspire 1

UAs.

Conducting aerial photography operations with the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs, 

instead of manned aircraft, will greatly benefit the public by drastically reducing the levels of air and noise pollution 

generated during traditional aerial video and still photography flight operations. By using battery power and electric 

motors, the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs produce no air pollution, and is the most viable 

environmentally conscious alternative to the cabin class, six cylinder internal combustion engine aircraft that are 

typically utilized for aerial video and photography, while burning approximately 20-30 gallons per hour of leaded 

aviation fuel. The DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs, while reducing the carbon footprint of 

aerial photography operations, also eliminates noise pollution, as the UAs are propelled by battery powered electric 

motors, rather than an internal combustion engine. 

By using the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs to perform aerial photography operations, 

the substantial risk to life and property in the air and on the ground, which is usually associated with traditional

manned aircraft flight operations, will be substantially reduced and/or completely eliminated. Aside from the lack of 

flight crew members located onboard the aircraft, the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs

(weighing approximately 2 pounds 11 ounces and 6 pounds 7.5 ounces respectively, at their maximum gross weights 

with lengths of 16 inches and 17.3 inches respectively, widths of 16 inches and 17.7 inches respectively, and with no 
Petition for Exemption Page 12 of 26

fuel on board), has far less kinetic and physical potential for collateral damage to life and property on the ground, and 

in the air, compared to the manned aircraft that typically conduct similar operations (weighing approximately 6,000 

pounds with a wingspan of approximately 42 feet, a length of 34 feet, and a fuel capacity of 180 gallons). 

D.03 Performing Aerial Video and Photography Operations With The DJI Phantom 2 Vision+, Phantom 3, DJI

Inspire Platforms Will Benefit The Economy.

In addition to being safe and efficient, the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs are also an 

economical alternative to using manned aircraft to conduct similar aerial operations. As such, operation of the 

DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs will allow United States based companies, like HIFLY 

PHOTOGRAPHY, to remain competitive and contribute to growth of the U.S. economy. Specifically, with the 

rising cost of aviation fuel and the Environmental Protection Agency (“EPA”) regulatory actions phasing out 

leaded aviation fuels, U.S. owned and operated companies must adopt new and alternative technology in order to 

remain competitive. Operating the battery powered DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs is one 

such technology that not only allows companies greater operational flexibility compared to manned aircraft, but 

provides such flexibility without the high operational cost of a traditional manned aircraft. 

By operating the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs, companies such as HIFLY 

PHOTOGRAPHY, can remain competitive and profitable, and therefore, provide greater job stability to 

employees and contractors, which will ultimately contribute to growth of the U.S. economy. Improved financial 

performance of U.S. companies, through commercial use of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 

UAs, provides a stable workforce that increases consumer spending; improves local, state, and federal tax revenues; 

and allows companies to invest in research and development in order to remain competitive both in the United States 

and abroad. 

E. The Reasons Why Granting The Exemption Would Not Adversely Affect Safety, Or How The

Exemption Would Provide A Level Of Safety At Least Equal To That Provided By The Rule From

Which HIFLY PHOTOGRAPHY Seeks Exemption.

E.01 Reasons Why The DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs Meet The Conditions Of The

FAA Modernization and Reform Act of 2012 (FMRA) Section 333.

In consideration of the size, weight, speed, and limited operating area associated with the unmanned aircraft 

and its operation, HIFLY PHOTOGRAPHY’s operation of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 

1 UAs meet the conditions of FMRA Section 333, and will not require an airworthiness certificate in accordance with 

14 C.F.R. Part 21, Subpart H.
Petition for Exemption Page 13 of 26

Section 333 provides authority for a UAS to operate without airworthiness certification and sets forth 

requirements for considering whether a UAS will create a hazard to users of the NAS or the public, or otherwise pose 

a threat to national security. Specifically, FMRA Section 333 states the following, in part: 

(a) In General.--Notwithstanding any other requirement of this subtitle, and not later than 180 days after the

date of enactment of this Act, the Secretary of Transportation shall determine if certain unmanned aircraft

systems may operate safely in the national airspace system before completion of the plan and rulemaking

required by section 332 of this Act or the guidance required by section 334 of this Act.

(b) Assessment of Unmanned Aircraft Systems.--In making the determination under subsection (a), the

Secretary shall determine, at a minimum--

(1) which types of unmanned aircraft systems, if any, as a result of their size, weight, speed, operational

capability, proximity to airports and populated areas, and operation within visual line of sight do not

create a hazard to users of the national airspace system or the public or pose a threat to national security;

and

(2) whether a certificate of waiver, certificate of authorization, or airworthiness certification under section

44704 of title 49, United States Code, is required for the operation of unmanned aircraft systems

identified under paragraph (1).

(c) Requirements for Safe Operation.--If the Secretary determines under this section that certain unmanned

aircraft systems may operate safely in the national airspace system, the Secretary shall establish requirements

for the safe operation of such aircraft systems in the national airspace system.

In seeking this exemption, HIFLY PHOTOGRAPHY submits that the DJI Phantom 2 Vision+, Phantom 3, 

DJI Inspire 1 UAs can operate safely in the NAS pursuant to FMRA Section 333, as demonstrated by: (a) 

the characteristics of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs; (b) the pilot certification 

requirement; and (c) the specific operating limitations. 

(a). The Specifications Of The DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs Demonstrate Its Safe 

Characteristics.

The DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs do not create a hazard to users of the NAS or the 

public, or otherwise pose a threat to national security considering its size, weight, speed, and operational capability. 

i. Technical Specifications Of The DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs.
Petition for Exemption Page 14 of 26

The technical specifications of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs are set forth by the 

DJI Phantom 2 Vision+, Phantom 3, DJI Inspire Specifications and Data Sheet, attached hereto as Appendix M.01, 

M.02 and M.03.

ii. The DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs Autonomous Flight And Navigation Modes

Enable The UAs To Remain Within A Defined Operational Area.

The DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs may be operated in both manual and fully 

autonomous flight modes. A complete description of the flight and navigational modes of the DJI Phantom 2 

Vision+, Phantom 3, DJI Inspire 1 UAs is provided in the User Manuals. 

iii. The DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs Are Designed For Automatic Return To

Home Point or hover in the event of loss of the control link or navigation.

When the Control Link is lost, the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs will remain stationary, 

in flight, for 3 seconds or more. If, after 3 seconds, the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs do 

not reacquire control link data from the GCS, the UAs will assume that the Control Link is lost and the UAs will 

return to the home position (i.e., failsafe mode) via GPS, and will descend to the takeoff position and shutdown. 

A complete description of the Failsafe Functions of the DJI Phantom 2 Vision+ UAS are set forth in the DJI 

Phantom 2 Vision+, Phantom 3, DJI Inspire 1 User Manuals, attached hereto in the Appendix M.01-M.03. 

A complete description of the operation and specifications of the DJI Phantom 2 Vision+, Phantom 3, DJI 

Inspire 1 GCS and flight control software is provided in the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 User 

Manuals are attached hereto as Appendix M.01-M.03. 

(b). Flight Operations Of DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs are limited to the line of 

sight of a certificated pilot in command with a safety observer. 

(c). Flights Of DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs Will Be Conducted 

Pursuant To Specific Operating Limitations. 

HIFLY PHOTOGRAPHY will only utilize certificated Commercial pilots who possess a current and valid 

airman medical certificate to act as a pilot in command (PIC) of the DJI Phantom 2 Vision+, Phantom 3, DJI 

Inspire 1 UAs. Additionally, a safety observer will assist all pilots during flight time. Both of our pilots are FAA 

Certified Pilots – one holding a Commercial Multi Engine Airplane rating and the other one an Airline Transport 

Pilot rating.

In seeking this exemption, HIFLY PHOTOGRAPHY proposes to commercially operate the DJI Phantom 2 

Vision+, Phantom 3, DJI Inspire platforms for the special purpose of conducting aerial video and photography 

over certain areas of United States, pursuant to the following specific operating limitations: 
Petition for Exemption Page 15 of 26

1. Operations authorized by this grant of exemption will be limited to the following aircraft described in the

operating documents, rotorcraft UAs weighing less than 55 pounds maximum gross weight: DJI Phantom 2

Vision+, Phantom 3, DJI Inspire Unmanned Aircraft Systems. Proposed operations of any other aircraft will

require a new petition or a petition to amend this grant.

2. UAS operations under this exemption will be limited to conducting operations for the purpose of aerial

video and photography.

3. The UAs may not be flown at an indicated airspeed exceeding 35 mph.

4. The UA must be operated at an altitude of no more than 500 feet above ground level (AGL), as indicated

by the procedures specified in the operating documents unless a special request is made and approved by

ATC. All altitudes reported to ATC must be in feet AGL.

5. The UAs must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC

to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC’s

FAA-issued airman medical certificate.

6. The use of first person view (FPV) by the PIC or safety observer (SO) is not permitted.

7. All operations must utilize a safety observer (SO). The SO may be used to satisfy the VLOS requirement as

long as the PIC always maintains VLOS capability. The SO and PIC must be able to communicate verbally at

all times. Electronic messaging or texting is not permitted during flight operations. The PIC must be

designated before the flight and cannot transfer his or her designation for the duration of the flight. The PIC

must ensure that the SO can perform the functions prescribed in the operating documents.

8. The SO must not perform any other duties beyond assisting the PIC with seeing and avoiding other air

traffic and other ground based obstacles/obstructions and is not permitted to operate the camera or other

instruments.

9. The operating documents and the grant of exemption must be accessible during UAS operations and made

available to the Administrator upon request. If a discrepancy exists between the conditions and limitations

contained in the grant of exemption and the procedures outlined in the operating documents, the conditions

and limitations contained in the grant of exemption take precedence and must be followed. Otherwise, the

operator must follow the procedures as outlined in its operating documents. The operator may update or

revise its operating documents. It is the operator’s responsibility to track such revisions and present updated
Petition for Exemption Page 16 of 26

and revised documents to the Administrator upon request. The operator must also present updated and 

revised documents if it petitions for extension or amendment to the grant of exemption. If the operator 

determines that any update or revision would affect the basis upon which the FAA granted the exemption, 

then the operator must petition for amendment to its grant of exemption. The FAA’s UAS Integration Office 

(AFS-80) may be contacted if questions arise regarding updates or revisions to the operating documents. 

10. Prior to each flight the PIC must inspect the UAS to ensure that it is in a condition for safe flight. If the

inspection reveals a condition that affects the safe operation of the UAS, the aircraft is prohibited from

operating until the necessary maintenance has been performed and the UAS is found to be in a condition for

safe flight. The Ground Control Station must be included in the preflight inspection. All maintenance and

alterations must be properly documented in the aircraft records.

11. Any UAS that has undergone maintenance or alterations that affect the UAS operation or flight

characteristics, e.g. replacement of a flight critical component, must undergo a functional test flight. The PIC

who conducts the functional test flight must make an entry in the aircraft records.

12. The pre-flight inspection must account for all potential discrepancies, e.g. inoperable components, items,

or equipment, not already covered in the relevant sections of the operating documents.

13. The operator must follow the UAS manufacturer’s aircraft/component, maintenance, overhaul,

replacement, inspection, and life limit requirements.

14. The operator must carry out its maintenance, inspections, and record keeping requirements, in accordance

with the operating documents. Maintenance, inspection, alterations, and status of replacement/overhaul

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

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

15. Each UAs operated under this exemption must comply with all manufacturer Safety Bulletins.

16. The authorized person must make an entry in the aircraft record of the corrective action taken against

discrepancies discovered between inspections.

17. The PIC must possess at least a private pilot certificate and at least a current third- class medical

certificate.
Petition for Exemption Page 17 of 26

18. The operator may not permit any PIC to operate unless the PIC meets the operator’s qualification criteria

and demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be

operated under the exemption, including evasive and emergency maneuvers and maintaining appropriate

distances from persons, vessels, vehicles and structures. PIC qualification flight hours must be logged in a

manner consistent with 14 C.F.R. § 61.51(b). Flights for the purposes of training the operator’s PICs are

permitted under the terms of the exemption. However, training operations may only be conducted during

dedicated training sessions. During training, proficiency, and experience-building flights, all persons not

essential for flight operations are considered nonparticipants, and the PIC must operate the UA with

appropriate distance from nonparticipants in accordance with 14 C.F.R. § 91.119.

19. UAS operations may not be conducted during night, as defined in 14 C.F.R. § 1.1. All operations must be

conducted under visual meteorological conditions (VMC). If flight at night is required, a special request will

be made at the FAA office closest to proposed area of operations. Flights under special visual flight rules

(SVFR) are not authorized.

20. The UA may not operate within 5 nautical miles of an airport reference point as denoted on a current

FAA-published aeronautical chart unless a letter of agreement with that airport’s management is obtained,

and the operation is conducted in accordance with a NOTAM as required by the operator’s COA. The letter

of agreement with the airport management must be made available to the Administrator upon request.

21. The UA may not be operated less than 500 feet below or less than 2,000 feet horizontally from a cloud or

when visibility is less than 3 statute miles from the PIC.

22. If the UA loses communications or loses its GPS signal, it must return to a pre- determined location

within the planned operating area and land or be recovered in accordance with the operating documents.

23. The PIC must abort the flight in the event of unpredicted obstacles or emergencies in accordance with

the operating documents.

24. The PIC is prohibited from beginning a flight unless (considering wind and forecast weather conditions)

there is enough power to fly at normal cruising speed to the intended landing point and land the UA with

25% battery power remaining.

25. The operator must obtain an Air Traffic Organization (ATO) issued Certificate of Waiver or

Authorization (COA) prior to conducting any operations under the grant of exemption. This COA will also

require the operator to request a Notice to Airman (NOTAM) not more than 72 hours in advance, but not
Petition for Exemption Page 18 of 26

less than 48 hours prior to the operation. All operations shall be conducted in accordance with airspace 

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

requirements. 

26. All aircraft operated in accordance with the exemption must be identified by serial number, registered in

accordance with 14 C.F.R. part 47, and have identification (N- Number) markings in accordance with 14

C.F.R. part 45, Subpart C. Markings must be as large as practicable.

27. Before conducting operations, the radio frequency spectrum used for operation and control of the UA

must comply with the Federal Communications Commission (FCC) or other appropriate government

oversight agency requirements.

28. The documents required fewer than 14 C.F.R. 91.9 and 91.203 must be available to the PIC at the

Ground Control Station of the UAS any time the UAS is operating. These documents must be made available

to the Administrator or any law enforcement official upon request.

29. The UA must remain clear and yield the right of way to all manned aviation operations and activities at all

times.

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

31. Flight operations must be conducted at least 500 feet from all nonparticipating persons (persons other

than the PIC, SO, operator trainees or essential persons), vessels, vehicles, and structures unless:

a. Barriers or structures are present that sufficiently protect nonparticipating persons from the UA

and/or debris in the event of an accident. The operator must ensure that nonparticipating persons

remain under such protection. If a situation arises where nonparticipating persons leave such

protection and are within 500 feet of the UA, flight operations must cease immediately and/or;

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

vessels, vehicles or structures has granted permission and the PIC has made a safety assessment of

the risk of operating closer to those objects and determined that it does not present an undue hazard,

and;

c. Operations nearer to the PIC, SO, operator trainees or essential persons do not present an undue

hazard to those persons per § 91.119(a).
Petition for Exemption Page 19 of 26

32. All operations shall be conducted over private or controlled-access property with permission from the

land owner/controller or authorized representative. Permission from land owner/controller or authorized

representative will be obtained for each flight to be conducted.

33. Any incident, accident, or flight operation that transgresses the lateral or vertical boundaries of the

operational area as defined by the applicable COA must be reported to the FAA's UAS Integration Office

(AFS-80) within 24 hours. Accidents must be reported to the National Transportation Safety Board (NTSB)

per instructions contained on the NTSB Web site: www.ntsb.gov.

F. Reasons Why An Exemption From The Requirements Of Section 61.113(a) And (b) Would Not

Adversely Affect Safety.

HIFLY PHOTOGRAPHY submits that the equivalent level of safety established by Section 61.113(a) and (b) will 

be maintained because no PIC will be allowed to operate the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 

UAs unless that PIC has demonstrated, by meeting minimum flight-hour and currency requirements, that the PIC is 

able to safely operate the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS in a manner consistent with the 

exemption, including evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, 

vehicles and structures. 

Considering HIFLY PHOTOGRAPHY’s proposed area of operations, and the operating limitations set 

forth-above; the parallel nature of private pilot aeronautical knowledge requirements to those of commercial 

pilot requirements (See Exemption No. 11062); and the airmanship skills necessary to safely operate the DJI 

Phantom 2 Vision+, DJI Phantom 3, and DJI Inspire 1 UAS, HIFLY PHOTOGRAPHY submits that the additional 

manned airmanship experience of a commercially certificated pilot would not correlate to the airmanship skills 

necessary for HIFLY PHOTOGRAPHY’s specific proposed flight operations. 

The FAA has previously granted relief from Section 61.113(a) and (b) specific to UAS, in circumstances similar, 

in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 

11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11158, 11159, 11160, 11161). 

HIFLY PHOTOGRAPHY will not allow any PIC to operate the DJI Phantom 2 Vision+ or DJI Inspire 1 

UAS unless that PIC has demonstrated, by meeting minimum flight-hour requirements or the DJI Phantom 

2 Vision+ or DJI Inspire 1 UAS training and currency requirements, that the PIC is able to safely operate the 

DJI Phantom 2 Vision+ or DJI Inspire 1 UAS in a manner consistent with this exemption, including 

evasive and emergency maneuvers and maintaining appropriate distances from people, vessels, vehicles and 

structures. 
Petition for Exemption Page 20 of 26

Specifically, the PIC must have accumulated and logged, in a manner consistent with 14 C.F.R. § 61.51(b), 25 

hours of total time as a UAS rotorcraft pilot (with a minimum of 5 hours of those hours as a UAS pilot operating the 

same make and model of UAS to be used for operations under the exemption). In addition to the hour requirements, 

the PIC must accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). 

As in Exemption Nos. 11062, 11138, and 11153, prior documented flight experience that was obtained 

in compliance with applicable regulations will ensure an equivalent level of safety during HIFLY 

PHOTOGRAPHY’s proposed operations. The Administrator has held that prior documented flight experience that 

was obtained in compliance with applicable regulations would ensure safe operations, stating as follows: 

In Exemption No. 11062, the FAA required that prior to conducting operations for the purpose of motion 

picture filming (or similar operations), the PIC must have accumulated and logged, in a manner consistent with 14 

CFR 61.51(b), 25 hours of total time as a UAS rotorcraft pilot including at least 10 hours logged as a UAS pilot with a 

multi-rotor UAS. Prior to operations under Exemption No. 11062, the PIC must also have accumulated and logged a 

minimum of 5 hours as a UAS pilot operating the same make and model of UAS to be used for operations under the 

exemption. For clarification, the FAA considers these minimum hour requirements to be inclusive rather than 

additive; i.e. 5 hours make and model time may be included in the 10 hours of multi-rotor time and the 10 hours may 

be included in the total 25 hours of UAS rotorcraft time. In addition to the hour requirements, the PIC must 

accomplish 3 takeoffs and landings in the preceding 90 days (for currency purposes). The FAA finds that at a 

minimum, the flight-hour requirements in Exemption No. 11062 are appropriate to practice and build proficiency in 

the skills necessary to safely conduct the petitioner’s proposed operations. The FAA also finds that prior documented 

flight experience that was obtained in compliance with applicable regulations would satisfy this requirement. Training, 

proficiency, and experience-building flights can also be conducted under the grant of exemption to accomplish the 

required flight time. During training, proficiency, and experience-building flights the PIC is required to operate the 

UA with appropriate distances in accordance with 14 C.F.R 91.119. 

Accordingly, HIFLY PHOTOGRAPHY will ensure safe operations by not allowing any PIC to operate the 

DJI Phantom 2 Vision+ or DJI Inspire 1 UAS unless that PIC has demonstrated, by meeting minimum flighthour and currency requirements, that the PIC is able to safely operate the DJI Phantom 2 Vision+ or DJI Inspire 1 

UAS in a manner consistent with the exemption, including evasive and emergency maneuvers and maintaining 

appropriate distances from people, vessels, vehicles and structures. 
Petition for Exemption Page 21 of 26

G. Reasons Why An Exemption From The Requirements Of Section 91.7(a) Would Not Adversely Affect

Safety.

The equivalent level of safety established by Section 91.7(a) will be maintained because prior to every flight, 

HIFLY PHOTOGRAPHY will ensure that the DJI Phantom 2 Vision+ or DJI Inspire 1 UAS is in an airworthy 

condition based upon the UAS’s compliance with its operating documents and as stated in the conditions 

and limitations herein. 

Additionally, the FAA has previously granted relief from Section 91.7(a) specific to UAS, in circumstances similar, 

in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

H. Reasons Why An Exemption From The Requirements Of Section 91.121 Would Not Adversely Affect

Safety.

 The equivalent level of safety established by Section 91.121 will be maintained because the altitude information 

of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs will be provided to the PIC via GPS equipment and a 

radio communications telemetry data link, which downlinks from the UA to the GCS for active monitoring of 

the flight path and altitude. This altitude information, combined with HIFLY PHOTOGRAPHY’s operation of 

the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs within visual line of sight, at or below 500 feet 

AGL, will ensure a level of safety equivalent to Section 91.121. The altitude information will be generated by GPS 

equipment installed onboard the aircraft. Prior to each flight, a zero altitude initiation point is automatically 

established by the UAs at ground level. 

The FAA has previously granted relief from Section 91.121 specific to UAS, in circumstances similar, in 

all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 11065, 11066, 11067, 

11080, 11109, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

I. Reasons Why An Exemption From The Requirements Of Section 91.151(b) Would Not Adversely Affect

Safety.

A grant of this exemption would ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b) as 

a result of (1) the technical specifications of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs; (2) the 

limitations on the proposed flight operations; and (3) the location of the proposed flight operations. Accordingly, 
Petition for Exemption Page 22 of 26

HIFLY PHOTOGRAPHY will ensure that it will safely operate the battery powered DJI Phantom 2 Vision+, 

Phantom 3, DJI Inspire 1 UAs during daylight hours in VFR conditions, with enough battery power to fly for a 

total duration of 13.5 minutes to the first point of intended landing and, assuming normal cruising speed, to fly 

after that for at least 4.5 minutes. 

Here, as in Exemption No. 11109, the technical specifications of the DJI Phantom 2 Vision+, Phantom 3, 

DJI Inspire 1 UAs; the limitations on the proposed flight operations; and the location of the proposed 

operations, will ensure an equivalent level of safety established by 14 C.F.R. Section 91.151(b). Furthermore, safety 

will be ensured as the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs provide audible and visual 

warnings to the PIC at the GCS when the UAs experiences low battery voltage, the first warning occurring at 

approximately 33% remaining battery power, and again at approximately 10% remaining battery power. At the 

critically low battery level, the DJI Phantom Vision+ and DJI Inspire 1 UAs will descend and land automatically. 

Significantly, previous exemptions granted by the FAA concerning Section 91.151 establish that safety is not 

adversely affected when the technical characteristics and operating limitations of the UAS are considered. Relief has 

been granted for manned aircraft to operate at less than the minimums prescribed in Section 91.151, 

including Exemption Nos. 2689, 5745, and 10650. Moreover, the FAA has previously granted relief from 

Section 91.151 specific to UAS, in circumstances similar, in all material respects, to those presented herein (e.g. 

Exemption Nos. 8811, 10808, 10673, 11042, 11062, 11063, 11064, 11065, 11066, 11067, 11080, 11109, 11110, 

11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 11161). 

J. Reasons Why An Exemption From The Requirements Of Sections

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), And 91.417(a) & (b) Would Not Adversely Affect Safety.

In seeking this exemption, HIFLY PHOTOGRAPHY submits that the equivalent level of safety with regard to 

the regulatory maintenance and alteration requirements established by Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) 

& (a)(2), and 91.417(a) & (b) will be met because HIFLY PHOTOGRAPHY will use trained technicians to 

perform maintenance, alterations, or preventive maintenance on the UAs using the methods, techniques, and 

practices prescribed in the operating documents (i.e., the HIFLY PHOTOGRAPHY Aerial Operations Manual, 

Monthly Maintenance Log, and DJI Phantom 2 Vision+, Phantom 3, DJI Inspire Instruction Manual). 

Furthermore, HIFLY PHOTOGRAPHY will document and maintain all maintenance records for the DJI 

Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs. 

Since the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs will be inspected as prescribed by the operating 

documents, HIFLY PHOTOGRAPHY will maintain the equivalent level of safety established by Sections 
Petition for Exemption Page 23 of 26

91.405(a), 91.409(a)(1), and 91.409(a)(2). A copy of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire User 

Manuals are attached hereto as Exhibit C and D; a copy of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 

UAs Maintenance LOG is attached hereto as Exhibit E. 

Likewise, the exemption sought will not adversely affect safety because HIFLY PHOTOGRAPHY will use 

trained technicians to perform maintenance, alterations or preventive maintenance on the UAS using the methods, 

techniques, and practices prescribed by the operating documents. 

Furthermore, the exemption sought would maintain an equivalent level of safety established by Sections 91.407, 

91.417(a) and 91.417(b), because all maintenance of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs will 

be performed by trained technicians. Maintenance will be documented and maintained utilizing the monthly 

maintenance log. 

Significantly, previous exemptions granted by the FAA concerning Sections 91.405(a), 91.407(a)(1), 91.409(a)(1) & 

(a)(2), and 91.417(a) & (b) establish that safety is not adversely affected when the technical characteristics and 

operating limitations of the UAS are considered. 

In consideration of HIFLY PHOTOGRAPHY‘s proposed operating limitations, the operating documents, and 

the technical aspects of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs, HIFLY PHOTOGRAPHY

submits that safety will not be adversely affected by granting exemption from 14 C.F.R. Sections 91.405(a), 

91.407(a)(1) and (a)(2), 91.409(a)(2), and 91.417(a) and (b). The FAA has previously granted relief specific to UAS in 

circumstances similar, in all material respects, to those presented herein (e.g. Exemption Nos. 11062, 11063, 11064, 

11065, 11066, 11067, 11080, 11109, 11110, 11112, 11136, 11138, 11150, 11153, 11156, 11157, 11158, 11159, 11160, 

11161). 

K. The FAA May Prescribe Any Other Conditions For Safe Operation.

In accordance with Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA) and 14 C.F.R. § 

21.16 entitled Special Conditions, HIFLY PHOTOGRAPHY requests that the FAA prescribe special conditions for 

the intended operation of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs, which contain such safety 

standards that the Administrator finds necessary to establish a level of safety equivalent to that established by 14 

C.F.R. Part 21, Subpart H, and 14 C.F.R §§ 61.113(a) & (b), 91.7 (a), 91.121, 91.151(b), 91.405(a), 91.407(a)(1),

91.409(a)(1) & (a)(2), and 91.417(a) & (b). Such special conditions will permit safe operation of the UAs for the

limited purpose of conducting aerial video and photography over certain areas of the United States for compensation

or hire. FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of
Petition for Exemption Page 24 of 26

the NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such 

UAS to operate without airworthiness certification in accordance with any requirements that must be established for 

the safe operation of the UAS in the NAS. 

Likewise, the Administrator may prescribe special conditions pursuant to 14 C.F.R.

§ 21.16, for operation of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs, since the airworthiness

regulations of 14 C.F.R. Part 21 do not contain adequate or appropriate safety standards, due to the novel or unusual

design features of the aircraft. Section 21.16, entitled Special Conditions, states the following:

If the FAA finds that the airworthiness regulations of this subchapter do not contain adequate or appropriate 

safety standards for an aircraft, aircraft engine, or propeller because of a novel or unusual design feature of the 

aircraft, aircraft engine or propeller, he prescribes special conditions and amendments thereto for the product. The 

special conditions are issued in accordance with Part 11 of this chapter and contain such safety standards for the 

aircraft, aircraft engine or propeller as the FAA finds necessary to establish a level of safety equivalent to that 

established in the regulations. See 14 C.F.R. § 21.16.

Therefore, in accordance with FMRA Section 333 and 14 C.F.R. § 21.16, the FAA may prescribe special 

conditions for Leading Edge’s intended operation of the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs, 

which contain such safety standards that the Administrator finds necessary to establish a level of safety equivalent to 

that established by 14 C.F.R. Part 21, Subpart H, and 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b). 

This exemption will permit HIFLY PHOTOGRAPHY to commercially operate an Unmanned Aircraft 

System (UAS) for the purpose of conducting aerial video and photography over certain areas of the United States. 

Any Additional Information, Views, Or Arguments Available To Support HIFLY PHOTOGRAPHY. This 

Petition is made pursuant to the FAA Modernization and Reform Act of 2012 

(FMRA) Section 333, which directs the Secretary of Transportation to determine if certain UAS may operate 

safely in the NAS. As such, HIFLY PHOTOGRAPHY request for exemption may be granted pursuant to the 

authority of FMRA Section 333 and 14 C.F.R. Part 11, as set forth above. 

FMRA Section 333 sets forth the requirements for considering whether a UAS will create a hazard to users of the 

NAS or the public, or otherwise pose a threat to national security; and further, provides the authority for such UAS to 

operate without airworthiness certification. 
Petition for Exemption Page 25 of 26

As discussed in detail above, HIFLY PHOTOGRAPHY will operate the DJI Phantom 2 Vision+, Phantom 3, 

DJI Inspire 1 UAs safely in the NAS, without creating a hazard to users of the NAS, or the public, or otherwise 

pose a threat to national security. 

L. CONCLUSION

As set forth herein, HIFLY PHOTOGRAPHY seeks an exemption pursuant to 14 C.F.R. § 11.61 and 

Section 333 of the FAA Modernization and Reform Act of 2012 (FMRA), which will permit safe operation of the 

DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs commercially, without an airworthiness certificate, for the 

limited purpose of conducting aerial video and photography over certain areas of the United States. By granting this 

Petition, the FAA Administrator will be fulfilling the Congressional mandate of the FAA Modernization and 

Reform Act of 2012, while also advancing the interests of the public, by allowing HIFLY PHOTOGRAPHY to 

safely, efficiently, and economically operate the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs commercially 

within the NAS. 

Wherefore, in accordance with the Federal Aviation Regulations and the FAA Modernization and Reform Act 

of 2012, Section 333, HIFLY PHOTOGRAPHY respectfully requests that the Administrator grant this Petition for 

an exemption from the requirements of 14 C.F.R Sections 61.113(a) & (b), 91.7(a), 91.121, 91.151(b), 

91.405(a), 91.407(a)(1), 91.409(a)(1) & (a)(2), and 91.417(a) & (b), and permit HIFLY PHOTOGRAPHY to operate 

the DJI Phantom 2 Vision+, Phantom 3, DJI Inspire 1 UAs commercially for the purpose of conducting aerial 

photography and videography over certain areas of the United States. 

Dated: September 18, 2015 

Respectfully submitted 

Chris Stoddart

HIFLY PHOTOGRAPHY
Petition for Exemption Page 26 of 26

M. Appendices:

M.01 DJI Phantom 2 Vision+ User Manual

M.01a Specifications

M.02 DJI Phantom 3 User Manual

M.02a Specifications

M.03 DJI Inspire 1 User Manual

M.03a Specifications