G'day friends. I bought a small DJI spark to supplement my wedding photography, light and portable for some quick shots of the beautifully lit wedding venues at night, from above. Of course, I need a night waiver for that, and also a waiver to fly over people. I submitted my waiver application a few weeks ago, but was denied today. Basically they denied it because they want me to conduct scientific drop tests, crash tests, etc and submit the data to them showing how my DJI spark will hurt or damage people from different altitudes. WTF? Or maybe I'm just reading their response wrong.
Here is what they said:
•The FAA is unable to approve your request for a waiver to § 107.39 because the risk of injury to human beings was not adequately addressed. To operate over human beings, your application must show that if the proposed sUA collides with a person, the degree of injury has been evaluated through testing. The results of the testing (e.g., modeling data, drop tests, test data) must be included in the application. Helpful references to assist with a § 107.39 waiver submissions include:
-"The Micro Unmanned Aircraft Systems Aviation Rulemaking Committee (ARC) Recommendations Final Report." http://www.faa.gov/uas/resources/uas_regulations_policy/media/Micro-UAS-ARC-FINAL-Report.pdf; and
- Designation: F3178 Operational Risk Assessment of sUAS (fee charged). ASTM International - Standards Worldwide. ASTM is an organization that produces standards for the industry, including operational risk assessments for sUAS.
If you would like to reapply, include as much detail as required to describe the proposed operation, the purpose of the operation, and method by which the proposed operation can be safely conducted. Information should identify potential hazards and risks of the waivered operation, including risk-mitigation strategies, and characteristics of the sUAS. Refer to the waiver safety explanation guidelines at: Request a Part 107 Waiver or Operation in Controlled Airspace. You must address each of the guidelines for the applicable regulatory section to be waived. Address each guideline and how you propose to mitigate risks associated with the hazards utilizing operating limitations, technology, training, equipment, personnel, restricted access areas, etc. Only request a waiver from regulatory sections necessary to conduct the operation.
Any ideas? How can I do these tests that they want done? Anyone else that got these waivers know what to say? Help.
Here's what I put in my application for flying over people:
I will be hired to do aerial photo and video at private weddings and other events in which the event organizer has hired me. I will also be doing aerial photo and video for portrait sessions in which the person being photographed has hired me. For these events and portrait sessions, I need to fly over the people that are participating, and I will have full permission of everyone involved. My sUAS (drone) weighs only 0.56lbs and it equipped with safety sensors to prevent it from landing on people (or any objects). I will not fly it higher than 200' AGL for these operations. I carry full liability insurance. I will have a visual observer present at all times monitoring the sky for air traffic as well as the position of my sUAS in relation to people on the ground. I will NEVER let my sUAS go out of line of sight.
Here's what I put in my application for night flying (which they seemed to not have a problem with?)
I will be hired to do aerial photo and video at private weddings and other events in which the event organizer has hired me. I will also be doing aerial photo and video for portrait sessions in which the person being photographed has hired me. For these events and portrait sessions, I will occasionally need to fly my sUAS at night time, as some of these events carry on past dark.
My sUAS is equipped with ultra-bright strobe LED anti-collision lights that are visible from more than 3 statute miles away. I have these installed on the front, rear, top, and bottom.
I will have a minimum of one visual observer present at all times monitoring the sky for air traffic as well as the position of my sUAS.
At night time, I will not be flying my sUAS more than 100' AGL. I will NEVER let my sUAS go out of line of sight. I will only operate when surface visibility is at least 5 miles.
Here is what they said:
•The FAA is unable to approve your request for a waiver to § 107.39 because the risk of injury to human beings was not adequately addressed. To operate over human beings, your application must show that if the proposed sUA collides with a person, the degree of injury has been evaluated through testing. The results of the testing (e.g., modeling data, drop tests, test data) must be included in the application. Helpful references to assist with a § 107.39 waiver submissions include:
-"The Micro Unmanned Aircraft Systems Aviation Rulemaking Committee (ARC) Recommendations Final Report." http://www.faa.gov/uas/resources/uas_regulations_policy/media/Micro-UAS-ARC-FINAL-Report.pdf; and
- Designation: F3178 Operational Risk Assessment of sUAS (fee charged). ASTM International - Standards Worldwide. ASTM is an organization that produces standards for the industry, including operational risk assessments for sUAS.
If you would like to reapply, include as much detail as required to describe the proposed operation, the purpose of the operation, and method by which the proposed operation can be safely conducted. Information should identify potential hazards and risks of the waivered operation, including risk-mitigation strategies, and characteristics of the sUAS. Refer to the waiver safety explanation guidelines at: Request a Part 107 Waiver or Operation in Controlled Airspace. You must address each of the guidelines for the applicable regulatory section to be waived. Address each guideline and how you propose to mitigate risks associated with the hazards utilizing operating limitations, technology, training, equipment, personnel, restricted access areas, etc. Only request a waiver from regulatory sections necessary to conduct the operation.
Any ideas? How can I do these tests that they want done? Anyone else that got these waivers know what to say? Help.
Here's what I put in my application for flying over people:
I will be hired to do aerial photo and video at private weddings and other events in which the event organizer has hired me. I will also be doing aerial photo and video for portrait sessions in which the person being photographed has hired me. For these events and portrait sessions, I need to fly over the people that are participating, and I will have full permission of everyone involved. My sUAS (drone) weighs only 0.56lbs and it equipped with safety sensors to prevent it from landing on people (or any objects). I will not fly it higher than 200' AGL for these operations. I carry full liability insurance. I will have a visual observer present at all times monitoring the sky for air traffic as well as the position of my sUAS in relation to people on the ground. I will NEVER let my sUAS go out of line of sight.
Here's what I put in my application for night flying (which they seemed to not have a problem with?)
I will be hired to do aerial photo and video at private weddings and other events in which the event organizer has hired me. I will also be doing aerial photo and video for portrait sessions in which the person being photographed has hired me. For these events and portrait sessions, I will occasionally need to fly my sUAS at night time, as some of these events carry on past dark.
My sUAS is equipped with ultra-bright strobe LED anti-collision lights that are visible from more than 3 statute miles away. I have these installed on the front, rear, top, and bottom.
I will have a minimum of one visual observer present at all times monitoring the sky for air traffic as well as the position of my sUAS.
At night time, I will not be flying my sUAS more than 100' AGL. I will NEVER let my sUAS go out of line of sight. I will only operate when surface visibility is at least 5 miles.
