333 Exemption Form Question
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chris.sonnenber
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I am wanting to use my drone for my business and I know I need a 333 exemption along with a Pilot license. My question is to those who have filled out the form before; did you copy and paste a previous 333 exemption relative to your use of your drone? Or did you write your own?
If anyone has a template format that they used for their exmeption, I would be greatful for that! Thanks in advance!
2016-4-9
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DJI-Ken
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You should write your own petition, you can search the petitions to get an idea of how to write your own.
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mjlstudios
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I copied and paste then added or removed portions that I needed to. As for the pilots license...i haven't heard anything about needing one!
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chris.sonnenber
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mjlstudios@yaho Posted at 2016-4-9 10:59
I copied and paste then added or removed portions that I needed to. As for the pilots license...i ha ...

That seems like the easiest option and looks like most people do that. My understanding is that the 333 Exemption allows you to fly for business but you need to be a licensed pilot to operate it or have a licensed pilot next to you. Is that correct?
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chris.sonnenber
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DJI-Ken Posted at 2016-4-9 10:57
You should write your own petition, you can search the petitions to get an idea of how to write your ...

Thanks for the response. It seems silly to write my own when all of the exemptions I have seen are relatively the same.
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CaptRuss
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mjlstudios@yaho Posted at 2016-4-9 11:59
I copied and paste then added or removed portions that I needed to. As for the pilots license...i ha ...

"...As for the pilots license...i haven't heard anything about needing one!"

An FAA pilot's certificate is typically needed for all commercial operations of your UAS which, in turn, also simultaneously require an FAA 333 Exemption as well.  There are very, very few exceptions to requiring the 333 Exemption for commercial use (certain public, government operation- ex: Mass. Water Resources Authority); but there are typically no exceptions for requiring pilot's certification for all commercial operation of the UAV.

From FAA faq:

"... 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)..."
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CaptRuss
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chris.sonnenber Posted at 2016-4-9 12:03
That seems like the easiest option and looks like most people do that. My understanding is that th ...


"... to fly for business... you need to be a licensed pilot to operate it or have a licensed pilot next to you. Is that correct?

No, that is not correct.  The person operating the UAS (that is, the one with his/her fingers on the sticks ;) ), must be a certificated pilot if it is for commercial use thereof.  Sean Tucker, Chuck Yeager & Sully Sullenberger ('09: landed A320 on the Hudson River in NY) could be standing next to you and it would not matter; the person flying the UAS must be the certificated pilot.

Thought you might get a kick out of this:

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chris.sonnenber
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CaptRuss Posted at 2016-4-9 11:28
"... to fly for business... you need to be a licensed pilot to operate it or have a licensed pilot ...

Thanks for the clarification. I am wanting to earn my license but am new to this industry. How do I go about earning a pilot license?
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CaptRuss
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chris.sonnenber Posted at 2016-4-9 12:33
Thanks for the clarification. I am wanting to earn my license but am new to this industry. How do  ...

You bet... you're very welcome.  As for earning your pilot's certificate, research the available flight schools in your area and visit FBOs at nearby smaller airports so that you can chat with some of the folks there.  Often times, some of the training operations will rent space and operate out of FBOs at the airport.  The folks there can give you an idea as to how many instructors they utilize, what those instructors' qualifications are, how many & what kinds of aircraft they utilize for training, how long it has taken previous student of theirs to earn their certs., what their fees & charges are (instructor/hour, airplane/per hour wet & dry...), etc.  It will require time and dedication, but if this is indeed an emerging passion of yours, give it a shot!
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quickpoint
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chris.sonnenber Posted at 2016-4-9 12:33
Thanks for the clarification. I am wanting to earn my license but am new to this industry. How do  ...

sport pilot license is lowest required  if i recall its 20 hours of logged flight,  2 test, and ground study.   roughly $4-7,000 usd including aircraft rental.  if you have a plane or someone will let you use one,   it will be less.    2 seater single prop planes are 90-140 to rent for flight time.   depends where you go, fuel costs may or may not be included.      

Google how to get sport pilots license and you will have all your info/  also many small airports offer licensing,   check their websites for pricing and more information
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DJI-Ken
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chris.sonnenber Posted at 2016-4-10 00:08
Thanks for the response. It seems silly to write my own when all of the exemptions I have seen are ...

It's not the exemption you are writing, it's the petition explaining to the FAA why you need an exemption.
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chris.sonnenber
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CaptRuss Posted at 2016-4-9 11:41
You bet... you're very welcome.  As for earning your pilot's certificate, research the available f ...

Awesome info! I have a buddy who is a beginner pilot as well as a relative who is a commercial pilot for Southwest Airlines. I will pick their brain a bit and see what is available in my area. Thanks again!  
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DJI-Ken
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chris.sonnenber Posted at 2016-4-10 00:33
Thanks for the clarification. I am wanting to earn my license but am new to this industry. How do  ...

The least expensive way to get you license is now the FAA will allow a Sport or Recreational license.
So search the internet and you can get a Sports license for about $5,000.
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chris.sonnenber
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Thanks for all the great information. Still seems ridiculous that I have to have a pilot license to operate my Phantom for business but it is what it is!
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mjlstudios
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I want to fly a UAS for business purposes…do I need approval from the FAA?

Yes. There are presently three methods of gaining FAA approval for flying civil (non-governmental) UAS:

    Special Airworthiness Certificates – Experimental Category (SAC-EC) for civil aircraft to perform research and development, crew training, and market surveys. However, carrying persons or property for compensation or hire is prohibited. For more information, please contact the Airworthiness Certification Service, AIR-113, at 202-267-1575. 1,3
    Obtain a UAS type and airworthiness certificate in the Restricted Category (14 CFR § 21.25(a)(2) and § 21.185) for a special purpose or a type certificate for production of the UAS under 14 CFR § 21.25(a)(1) or § 21.17. 7,8
    Petition for Exemption with a civil Certificate of Waiver or Authorization (COA) for civil aircraft to perform commercial operations in low-risk, controlled environments. For more information, please visit our Section 333 page. Instructions for petitioning for exemption are available here.

Public (governmental) UAS operations must go through the Public COA process. More information is available here.

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How do I obtain an experimental airworthiness certificate?

The Aircraft Certification Service, AIR-113 at FAA headquarters in Washington, D.C. holds this responsibility and can be reached via email or telephone at 202-267-1575. All questions regarding the process and procedures required to obtain an experimental certificate will be answered by AIR-113. 1,3,5

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How long does the experimental airworthiness certification process take?

From our experience, depending on the complexity, this process can take from two months to one year.

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What is a Section 333 Exemption?

Section 333 of Public Law 112-95 grants the Secretary of Transportation authority to allow certain UAS to operate in the NAS prior to the completion of the small UAS rule. Essentially, the grant of exemption permits the Secretary of Transportation to determine whether certain UAS may operate in the NAS without the UAS meeting all regulatory and statutory requirements for manned aircraft, such as aircraft certification. The FAA issues an exemption to facilitate this decision-making process and to provide relief from current FAA rules where appropriate until final rulemaking is completed.

Specifically, Section 333 allows the Secretary to determine which types of UAS, 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 pose a hazard to NAS users or to national security, and whether an airworthiness certificate or COA is required for operation.

A Section 333 grant of exemption is required for any civil UAS operation that is not for hobby or recreational purposes. Though not as common, access to the NAS for civil UAS can also be granted through a Special Airworthiness Certificate in the Experimental or Restricted Category, as described in Question 5. A COA is not required when granted a Special Airworthiness Certificate.

Under the Section 333 exemption the civil UAS operator may not operate within 5 nautical miles of an airport reference point (ARP) as denoted in the current FAA Airport/Facility Directory (AFD) or for airports not denoted with an ARP, the center of the airport symbol as denoted on the current FAA-published aeronautical chart, unless a letter of agreement with that airport's management is obtained or otherwise permitted by a COA issued to the exemption holder. The letter of agreement with the airport management must be made available to FAA officials or any law enforcement official upon request.

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How long does the Section 333 process take?

The standard period for evaluating petitions for exemptions is 120 days.

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Is an FAA-issued pilot certificate required to operate a civil UAS under 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



AS I read this you only need a pilots certificate if you use the first two methods to obtain FAA approval to fly for business. The third method is the section 333 exemption.
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CaptRuss
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mjlstudios@yaho Posted at 2016-4-9 14:36
I want to fly a UAS for business purposes…do I need approval from the FAA?

Yes. There are presentl ...


"... The third method is the section 333 exemption"

Yes, that is correct, however the 333 Exemption is for & applies to the aircraft, not to the operator.  Commercial use may or may not (in rare circumstances & uses) require the aircraft to be exempted [from the airworthiness certificate requirements] but that is not to say that the operator is exempt from airman certification requirements.

Now, I may be wrong here, but that is my understanding.  The best thing to do would be to call your Regional FAA Flight Standards District Office and chat with one of the folks there; they are actually great people and are very helpful.  My experiences with them have always been positive and productive.  You can find the number for your particular Regional Office here (they will then steer you towards the District Office):  https://www.faa.gov/about/office ... ices/afs/divisions/
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labroides
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mjlstudios@yaho Posted at 2016-4-10 04:36
I want to fly a UAS for business purposes…do I need approval from the FAA?

Yes. There are presentl ...

"AS I read this you only need a pilots certificate if you use the first two methods to obtain FAA approval to fly for business."
That's more like ... as I want this to read ...  
If you  got a 333 exemption, you would find that it is just like every other 333 issued it will include this clause:

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.
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DJI-Ken
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labroides@yahoo Posted at 2016-4-10 06:36
"AS I read this you only need a pilots certificate if you use the first two methods to obtain FAA  ...

Correct, for any random person trying to get a 333 exemption to be able to LEGALLY fly for commercial purposes all the exemptions are pretty much the same for everyone. If you also want it for motion picture work, then there's more requirements to comply with.
And anyone can get the exemption but to exercise it the person flying has to have at least a Sports pilots license.
I've had my exemption over a year and when I got mine al the petitions were at least 20 to 40 pages long and filled with legal jargon. You look at resent petitions and some one only one page.
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