Loaning drones and TRUST Cert

[Kyklopes]

Now that I've got 2 drones I rarely use my DJI Mini and may loan it to friends that haven't had the opportunity to fly a drone. I'll tell them they need to get a TRUST cert before flying but some people might not take the time to get one unless there are fines for flying without it.

What is the penalty for flying a drone like the DJI Mini without a TRUST cert?

Is there any liability for the owner of a drone that loans it to others?

Edit - for recreational flying only

 

[Yorkshire_Pud]

I assume you remove your details from the drone (if there are any on it, in it) when the drone is lent out?

 

[FLDave]

It's your drone, registered to you as the pilot. It's all your responsibility and liability.
Check the FAA rules on allowing another person to pilot your drone under your direct supervision.

 

[Yorkshire_Pud]

Would "lending/loaning" be the applicable term if someone was flying under your supervision? To me it implies they take the drone and fly it somewhere else.

 

[Kyklopes]

It's your drone, registered to you as the pilot. It's all your responsibility and liability.
Check the FAA rules on allowing another person to pilot your drone under your direct supervision.

How do rental companies get around this issue?

 

[FLDave]

How do rental companies get around this issue?

You'll have to ask them. I don't know of any drone rental companies.

 

[Kyklopes]

You'll have to ask them. I don't know of any drone rental companies.

There are a large number of options for renting in the US.

 

[FLDave]

I may have more to do with responsibility than direct legality. None of my comments are to imply any legal opinion or recommendation.
Assuming that you have determined that your friend has the appropriate drone flying experience, knowledge of FAA rules, meets FAA rules for flying, and has a copy of your FAA drone registration the next step would be to evaluate your own risk and liability.
Here's some possible scenarios. You make your own decisions.
Suppose the pilot crashes the drone and causes personal or property damage. Who do you think the damaged party will approach for damage compensation? What happens if the damage is high enough to require reporting to the FAA? What happens the pilot violates FAA rules?

 

[Kyklopes]

I'm thinking of recreational use and loaning a Mini.

The Mini doesn't require registration.

For recreational registrations for larger drones is there a license involved?

Isn't piloting under supervision a different topic under the Part 107 commercial license?

 

[Kyklopes]

Assuming that you have determined that your friend has the appropriate drone flying experience, knowledge of FAA rules, meets FAA rules for flying, and has a copy of your FAA drone registration the next step would be to evaluate your own risk and liability.

Why would I need to do these things if Best Buy doesn't need to make sure you have the appropriate flying experience before selling a drone? There is no registration for a Mini.

 

[FLDave]

Why would I need to do these things if Best Buy doesn't need to make sure you have the appropriate flying experience before selling a drone? There is no registration for a Mini.

So, are you loaning or selling? 2 different topics.

 

[Kyklopes]

I'm asking about liability related to FAA rules. If someone with FAA experience knows the answers to the questions in the OP that would be useful.

 

[Skwirl]

One of the first requirements of 44809 is taking and passing the TRUST exam.
If you dont do that, your violating 44809 rec pilot rules. Now your subject to ALL OF PART 107 rules and regs.

The rental businesses probably have ins coverage that would make choke on the payment. A whole lot of liability in loaning out a drone, imho.

 

[Kyklopes]

One of the first requirements of 44809 is taking and passing the TRUST exam.
If you dont do that, your violating 44809 rec pilot rules. Now your subject to ALL OF PART 107 rules and regs.

The rental businesses probably have ins coverage that would make choke on the payment. A whole lot of liability in loaning out a drone, imho.

Do you have a link to the language that says if you don't take the TRUST exam you are subject to ALL of 107 even when flying only for recreation? I would like to share that.

For the liability when loaning question I'm only asking about liability to the FAA. Civil liability is a different issue.

 

[Skwirl]

FAA drone zone has all the info.
First paragraph in the link.
They also need a set of approved CBO rules along with the TRUST cert on their person.

The Recreational UAS Safety Test (TRUST)

www.faa.gov

 

[Kyklopes]

They also need a set of approved CBO rules along with the TRUST cert on their person.

The Recreational UAS Safety Test (TRUST)

www.faa.gov

Where is the language stating the need for a set of approved CBO rules on their person? I need a copy of that.

 

[Frank Dracman]

It seems like people have answered your question to the best of their ability but you want a different answer.

 

[dronerdave]

The way I read it (and I could be wrong) is to meet the rec requirements you now must take/pass the Trust test and carry proof of it. I'm not 107 certified but assume the wording below indicates you either fly recreational, 107, or other special approved requirement.

"A person who fails to meet any of the statutory requirements of 49 U.S.C. § 44809 may not operate
UAS under the statutory exception and would need to operate them under part 107 or any
other applicable FAA authority."

I have upwards of 30 UAV's and all are registered with one number. It's common for others to fly my UAV's but I don't know about loaning one to somebody if I'm not present.

"Have a current registration, mark (PDF) your drones on the outside with the registration number, and carry proof of registration with you."

I don't know the answer but would have to ask how someone could carry proof of registration that must be shown to those authorities authorized to ask for the proof of that certificate if the operators name isn't on it?

Perhaps your friend (you loan the aircraft to) would be legal if they carried your registration card and your friend had their own trust certificate while flying your drone???

Maybe the word "your" refers to you, the owner?

I have yet to find any wording (not that there isn't any) that requires you to carry CBO rules. I'm AMA so I fly under those rules, mainly because AMA is my insurance.

7.1.2 The Aircraft is Operated in Accordance With or Within the Programming of a CBO’s Set
of Safety Guidelines That are Developed in Coordination With the FAA. Once the FAA
has developed the criteria for recognition of CBOs and started officially recognizing
CBOs, those CBOs’ safety guidelines will be available for use. During this interim
period, the FAA offers two means to satisfy this statutory condition. Recreational flyers
should be able to explain to an FAA inspector or law enforcement official which safety
guidelines they are following.
7.1.2.1 The FAA acknowledges that existing aeromodelling organizations have
developed safety guidelines that are helpful to recreational flyers. An example
is the AMA safety guidelines, which have previously been reviewed by the
FAA as part of the organization’s Recognized Industry Organization (RIO)
status for participation in the National Aviation Events Program (refer to FAA
Order 8900.1, Volume 5, Chapter 9, Section 6,
Issue/Renew/Reevaluate/Rescind an Air Boss Letter of Authorization). These
or existing safety guidelines of another aeromodelling organization may be
used for recreational operations, provided the guidelines do not conflict with
the other statutory conditions of 49 U.S.C. § 44809(a).

 

[Kyklopes]

Thanks for the 7.1.2 language. I don't see a requirement there to carry a copy of the CBOs while flying.

 

[spsphotos]

The answer is so simple, not sure why it's become such a topic. Before you loan out the drone, sit your friends down at the PC and walk them through the TRUST test. Take 5 mins. And you'll know they have it. Other than that, not sure why this is so not obvious.