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FAA section 333 pilot license requirement
3977 29 2016-2-21
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eganders
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My son and I have purchased 2 Phantom 3 quadcopters.  We would both like to use them in a commercial setting.  He would like to use his  for Real Estate sales.  I would like to use mine in providing services to the county and state governments in Michigan.
Neither of us has a pilot’s license, but it appears that all the approved section 333 exemptions have agreed to the use of a licensed pilot.  Do you know of any approved exemption that has not included the use of a licensed pilot?

This statement below I found in answer to the question pretty well explains why the pilot’s requirement is not exempted:

Question:  Is an FAA-issued pilot certificate required to operate a civil UASunder an experimental airworthiness certificate or a grant of exemption under Section 333?
If the aircraft is issued an airworthiness certificate, a pilot certificate is required. 5
Pilot certification requirements for petitions for exemption under Section 333 are evaluated on a case-by-case basis. While Section 333 grants the Secretary of Transportation flexibility with regard to airworthiness certification requirements, it does not grant the Secretary any flexibility with regard to airman certification standards as outlined in Sections 44703 and 44711 of Title 49 of the United States Code (49 USC). An FAA airman certificate is required to operate an aircraft in the National Airspace System.


2016-2-21
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terrylewis
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As you've discovered, by law, the FAA cannot authorize an aircraft operation in the National Airspace without a certificated pilot in command of the aircraft (Title 49 of United States Code § 44711). Exemptions granted in accordance with Section 333 carry the following requirement regarding the pilot in command (PIC) of the aircraft:

Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

More information about obtaining pilot certification is available at:
http://www.faa.gov/pilots/.
2016-2-21
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AG0N-Gary
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There's a post including a presentation by an ex FAA employee in the InterDrone 2015 thread that explains a lot of the FAA information.  There are a few hours of videos posted there, and you want to watch/listen to the one by Jim Williams.  It explains a lot about what is going on at the FAA and why.  It also points out that they are trying to take steps that specifically do NOT restrict us so much.  I believe that particular video is about 35 minutes, and it is extremely interesting.

I believe if you hold on and wait for the regulations to catch up, you'll have no problems satisfying the requirements.  Multiple sources seem to be saying the same thing.  The laws are well behind technology, and the FAA knows it.  Technically, there are currently no laws, only guidelines.  However, I wouldn't push that.

For anyone interested in the drone technology and its future, I highly recommend reading that entire thread and watching all of the videos.  They are very interesting.
2016-2-21
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labroides
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A year ago the FAA was working on replacing the ridiculous 333/real plane licence rules.
They came up with this: https://www.faa.gov/uas/nprm/
But haven't got much further.

But in the last month this has been getting coverage: http://www.suasnews.com/2016/02/ ... p;mc_eid=b8b3839779
2016-2-21
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SVTRay
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terrylewis Posted at 2016-2-22 06:29
As you've discovered, by law, the FAA cannot authorize an aircraft operation in the National Airspac ...

This^

Currently there is no way around it. Now with that said, there are a couple congressmen who have attached an Amendment to the FAA's pending budget bill that would reduce the red tape for small drones 4.4lbs or less. Anyhow, they hope to have it squared away by the time the FAA's budget expires March 31st. The FAA's budget however has been a heated debate and may run into over time.
http://www.uavexpertnews.com/new-drone-proposal/
2016-2-21
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AG0N-Gary
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SVTRay Posted at 2016-2-21 20:22
This^

Currently there is no way around it. Now with that said, there are a couple congressmen who ...

Phantom weighs 2. something pounds.
2016-2-21
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DJI-Ken
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You can get the exemption without an pilots license but you need a pilots license to exercise the exemption.
2016-2-21
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SVTRay
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AG0N-Gary Posted at 2016-2-22 10:57
Phantom weighs 2. something pounds.

Thanks, I was looking at something else.
2016-2-21
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eganders
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terrylewis Posted at 2016-2-21 17:29
As you've discovered, by law, the FAA cannot authorize an aircraft operation in the National Airspac ...

In reviewing the applications for exemption from the section 333, none of the applications mention the pilot being certified for a drone or even a specific aircraft.  It just appears that you need to state that a licensed pilot must fly the  drone.
2016-2-22
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ccbiggz
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Do you have to have the 333 exemption to fly for commercial purposes or just have a pilots license? I think what the rule is saying is that to use a drone for commercial purposes, you have to have a 333 exemption and to have the exemption you have to have a pilots license. Do I have that right?
2016-2-22
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labroides
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ccbiggz Posted at 2016-2-22 22:18
Do you have to have the 333 exemption to fly for commercial purposes or just have a pilots license?  ...

You can get a 333 without a pilot's licence ... but to comply with the conditions that apply to every 333, you have to have a pilot that has a pilot's licence
2016-2-22
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Rich in Boise
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labroides@yahoo Posted at 2016-2-22 08:39
A year ago the FAA was working on replacing the ridiculous 333/real plane licence rules.
They came u ...

I for one am embarrassed by our government when it takes so long to correct archaic regulations that make no sense with the recent changes in technology.  Everyone in this country that is in the least interested in this subject should contact their representatives and ask or demand that something be done about this NOW.  Just another example of what happens when a government grows so large that it no longer responds to its citizenry.
2016-2-22
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spiderbot.sb
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Rich in Boise Posted at 2016-2-22 06:14
I for one am embarrassed by our government when it takes so long to correct archaic regulations th ...

I hear you.  None of that other stuff they're worried about, like crime and poverty and national defence, is anywhere near as important as this!

I've got an idea.  Why don't YOU run for office and clean this mess up?
2016-2-22
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eganders
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AG0N-Gary Posted at 2016-2-21 21:57
Phantom weighs 2. something pounds.

My DJI Phantom 3 Professional weighs 3 lbs, 1.6 oz. with battery and prop protectors
2016-2-22
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eganders
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DJI-Ken Posted at 2016-2-21 22:58
You can get the exemption without an pilots license but you need a pilots license to exercise the ex ...

Can you expand on that?  Where is the FAA wording that requires a pilot license in order to request exceptions?
2016-2-22
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DJI-Ken
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eganders Posted at 2016-2-22 21:25
Can you expand on that?  Where is the FAA wording that requires a pilot license in order to reques ...

I don't know what you mean by "Exceptions", I was stating that anyone can get a 333 EXEMPTION but a FAA licensed pilot has to be piloting the aircraft while EXERCISING the exemption. I have an exemption and if I fly for fun, a pilots license is not required BUT if I am getting paid then a pilots license is needed (which I have)
If you search the FAA website and look through exemptions you will see it. On my exemption it's number 13 as posted below.
13. Under this grant of exemption, a PIC must hold either an airline transport,
commercial, private, recreational, or sport pilot certificate. The PIC must also hold a
current FAA airman medical certificate or a valid U.S. driver’s license issued by a
state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal
government. The PIC must also meet the flight review requirements specified in
14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
2016-2-22
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aopisa
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eganders Posted at 2016-2-22 08:25
Can you expand on that?  Where is the FAA wording that requires a pilot license in order to reques ...
You do not need a license to request an exemption. An exemption can be granted to anyone. However, currently with an exemption, only a person with a pilot's license can fly the aircraft.


From the FAA FAQ page:

Do I need a pilot's license to petition for exemption under Section 333?
A. By law, the FAA cannot authorize an aircraft operation in the National Airspace without a certificated pilot in command of the aircraft (Title 49 of United States Code § 44711). Exemptions granted in accordance with Section 333 carry the following requirement regarding the pilot in command (PIC) of the aircraft:
Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.
More information about obtaining pilot certification is available at:
http://www.faa.gov/pilots/.
2016-2-22
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AG0N-Gary
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eganders Posted at 2016-2-22 07:23
My DJI Phantom 3 Professional weighs 3 lbs, 1.6 oz. with battery and prop protectors

Per the manual, 2.82 pounds, but that does not include added guards for the props like you are 'wearing'.
2016-2-22
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rasit
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This thread sounds familiar.
2016-2-22
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aopisa
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rasit Posted at 2016-2-22 22:26
This thread sounds familiar.

They all do after a while. Wait a few minutes and someone will be asking how to screw off the lens cover on their Standard....
2016-2-23
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microcyb
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aopisa Posted at 2016-2-23 19:27
They all do after a while. Wait a few minutes and someone will be asking how to screw off the lens ...

You are right about that
2016-2-23
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SVTRay
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Brace your selves, the FAA is now targeting "Micro" drones!

http://www.bloomberg.com/news/ar ... road-under-faa-plan
2016-2-24
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jacksdrone
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ccbiggz Posted at 2016-2-22 06:18
Do you have to have the 333 exemption to fly for commercial purposes or just have a pilots license?  ...

No. Anyone may apply and be granted a 333 exemption. You can't legally operate the craft commercially without being a pilot. Catch 22
2016-2-26
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DrACE
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Easy way around this.  Do not charge for the actual video taking......but for the video editing.  You are now a video editing company,
2016-2-27
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DrACE
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Rich in Boise Posted at 2016-2-22 20:14
I for one am embarrassed by our government when it takes so long to correct archaic regulations th ...

Welcome to the US government....aka...job killers.  
2016-2-27
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brubino
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Once you get the 333 exemption, how difficult is it to get a sports pilot license?
2016-2-27
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Rich in Boise
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DrACE Posted at 2016-2-27 21:55
Welcome to the US government....aka...job killers.

I suspect that most of the resistance to changing this archaic rule comes from the commercial drone photography companies.  They don't want the competition.  
2016-2-27
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DrACE
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Competition is good.  Aerial photography is ridiculously expensive when its done with an airplane.  Adapt or move over.  
2016-2-29
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Glenn
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aopisa Posted at 2016-2-23 17:27
They all do after a while. Wait a few minutes and someone will be asking how to screw off the lens cover on their Standard....

lmao...just bought P3s 2 days ago, my very first drone, and yes because it was such a TIGHT fit, I AM guilty of applying a twisting type motion while attempting the removal of lens enclosure...and may i say as a first time operator i am enjoying the simulator mode for the P3s,,,the video quality, and intelligent flight modes have me in AWE..
2017-2-22
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Mark The Droner
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Be advised - the OP is a year old
2017-2-22
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