Is FAA oversight flying on an uncertified autopilot? Everybody is aware of I’m a giant fan of
the FOIA, and the contents for this story got here proper out of the FAA.
Query 1. When petitioning for exemption for an unmanned plane operation, do you have to ask for an exemption from 91.105(a)(2) to be legally compliant?
Reply: To function an unmanned plane system (UAS) below 14 Code of Federal Laws (CFR) Half 91, an individual doesn’t want aid from § 91.105(a), which requires “required flight crewmembers” to stay on the applicable crewmember station and “maintain the security belt mounted whereas on the crewmember station.” Part 91.105 doesn’t apply to unmanned plane that don’t carry flight crewmembers; subsequently, aid just isn’t obligatory.
Query 2. Ought to an organization petition for an exemption for 91.405 (a);
91.407 (a) (1); 91.409 (a)(1); 91.417(a) & (b) additionally petition for an exemption from
Reply: Sure. The FAA has decided that 14 CFR Half 91, Sub Half E
(“Upkeep, Preventative Upkeep, and Alterations”) applies to UAS
operations performed below the final working and flight guidelines of Half 91.
Operators which might be unable to adjust to the necessities of Sub Half E , together with § 91.403(b), ought to file a petition for exemption asking for aid from relevant necessities and will present why granting the petition is within the public curiosity and wouldn’t adversely have an effect on security.
Query three. If an organization did not receive an exemption from 91.105(a)(2) and
91.403(b) and carried out upkeep not in accordance with Half 43 or with out the companies of an FAA certificated Airframe and Powerplant mechanic, would that unmanned plane flight below Half 91 be legally compliant?
Reply: As famous above, § 91.105(a)(2) doesn’t apply to UAS operations that
happen below Half 91. In consequence, aid from § 91.105(a)(2) just isn’t obligatory. As
for the applicability of § 91.403(b), operators ought to petition for exemption from
§ 91.403(b) until they are going to fulfill all necessities of Sub Half E and Half 43.
The FAA has, nevertheless, issued some exemptions that lack this aid, however present
aid from numerous different provisions in Half 91, Sub Half E , such because the laws
listed in Query 2, above. Part 91.403(b) specifies that the prohibition
applies solely to upkeep not carried out in accordance with relevant laws.
Upkeep that happens in accordance with current exemptions is legally compliant so long as a petitioner complies with all situations and limitations of the exemption the petitioner holds. For an abundance of readability, the FAA is now together with aid from § 91.403(b) in every exemption that comprises aid from any provision of Sub Half E , supplied that operations occurring below a grant of such aid stay within the public curiosity and don’t adversely have an effect on security.
Workplace of Communications | Federal Aviation Administration
Finish transmission –
It must be simple to see that the crux of the biscuit is 91.403(b) –
91.403(b) says, “(b) No individual might carry out upkeep, preventive upkeep,
or alterations on an plane aside from as prescribed on this subpart and different
relevant laws, together with half 43 of this chapter.” 91.403 says, do what’s in
Half 91 subpart E.
So who amongst the tradeshow cavalcade of symposium hucksters, consultants,
visionaries, and federal workers do you suppose missed this one? What else is
there to uncover, and can the “consultants” be undoing the fustercluck professional bono, or will
the malpractice insurance coverage cowl the tab? I’m digging by means of the general public data
proper now, and I’m positive many different revelations shall be a part of follow-up tales simply
in time for drone symposium season.
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