Part 107 Remote Pilot in Command

[Chaosrider]

The 107 rules allow for flight operations with more than one person, provided that there's a clear Remote PIC who has a 107 license in charge of the operation.

Two questions:

1) Suppose I have a buddy who wants to check out flying drones, but they don't want to do the TRUST thing (easy, I know) until they're sure they like it. As I read the reg, they can fly under my remote 107 supervision, without yet having taken the TRUST exam, but they'd have to take the TRUST exam before flying by themselves. Yes? That's certainly the way it works with Part 61 instruction, and it looks like 107 works that way as well. Comments?

2) Now, suppose my buddy liked it, and he got his TRUST cert done. He wants to do some photography which he would then use for a commercial purpose. The way I read the reg, he can shoot that photography under a 107 operation that I supervise, and then legally use the photography for commercial purposes. Yes? It seems like that has to be the case, but I haven't seen it discussed here, so I figured I'd ask.

Comments?

Thx!

TCS

 

[Vic Moss]

The term you're looking for is "person manipulating the controls". In order for someone to fly under your 107, which is what they'd be doing in both instances, you must be standing close enough to be able to take control of the drone in an emergency situation.

Also, as RPIC, you are 100% responsible for all aspects of that flight, so pick your person who is flying carefully.

As far as the TRUST in your first example, I'm not sure if they'd need that or not. But I'll reach out and ask.

 

[Paint Rock Drones]

For crewed aircraft, if there is more than one pilot, you are expected to designate who is the pilot in command for the particular flight. That person is responsible for the flight. It does not matter who is the "sole manipulator of the controls", just who is designated as pilot in command. For example, an instrument rated pilot could be designated as pilot in command while a VFR only pilot or a non-pilot could be doing the actually flying, as long as the instrument rated pilot is in a position to take over. (The situation is a little more complicated if there is a CFI or ATP involved, or if the owner of the plane is present but not piloting. I don't think any of those things apply to part 107).

I expect that the situation is similar for part 107. If the pilot designated as pilot in command has a part 107 certificate the flight can be commercial, regardless of who is operating the controls of the drone, as long as the pilot in command is able to take over the controls if needed. I don't think it matters whether the person at the controls has a TRUST certificate or not.

Disclaimer: I am not a lawyer or flight instructor.

 

[Phantomrain.org]

I love a good scenario and that is a good one, so the answer would be Yes he can use the pictures for commercial sales.
Its the same as a movie director hiring a drone pilot for drone footage , it does not matter who presses the button to record even if there sitting in the Directors Chair or who is flying the drone.

Phantomrain.org
Gear to fly in the Rain and Land on the Water.

 

[Vic Moss]

I heard back from my FAA contacts.

Under your first scenario, the person flying the drone must have their TRUST. Since it's technically a 44809 operation, RPIC command can't be used. RPIC denotes a 107 operation.

In your second scenario, they do not have to have their TRUST.

My suggestion would be to declare the flight a 107 flight as an education flight.

But honestly, unless there was an issue, the FAA won't care. Have your buddy get their TRUST cert. Help them even. As you said, it's free and easy.

 

[Paint Rock Drones]

I heard back from my FAA contacts.

Under your first scenario, the person flying the drone must have their TRUST. Since it's technically a 44809 operation, RPIC command can't be used. RPIC denotes a 107 operation.

In your second scenario, they do not have to have their TRUST.

My suggestion would be to declare the flight a 107 flight as an education flight.

But honestly, unless there was an issue, the FAA won't care. Have your buddy get their TRUST cert. Help them even. As you said, it's free and easy.

Are you saying that someone with TRUST certificate can't allow anyone else to operate their drone?

 

[Vic Moss]

Are you saying that someone with TRUST certificate can't allow anyone else to operate their drone?

No, just that if someone is flying a drone under 44809, they must have a TRUST. It doesn't matter if someone else is there ready to take over the controls. But again, this is nothing the FAA will ever do anything about unless that is an issue or crash.

 

[Chaosrider]

The term you're looking for is "person manipulating the controls". In order for someone to fly under your 107, which is what they'd be doing in both instances, you must be standing close enough to be able to take control of the drone in an emergency situation.

Of course. But I don't see it as some kind of harsh transition.

Part 61 instructors...the good ones, anyway...have specific protocols for when they're going to take control of the plane. A simple statement of "My airplane" is the most elegant that I've heard, and I'll probably use "My drone" to tell the student that I'm taking the controls. It would be nice to have dual controls, with the instructor controls being dominant, but I see that as a "nice if".

Also, as RPIC, you are 100% responsible for all aspects of that flight, so pick your person who is flying carefully.

Absolutely. And getting my commercial insurance (AMA) is on my list for today.

As far as the TRUST in your first example, I'm not sure if they'd need that or not. But I'll reach out and ask.

Thank you sir!



TCS

 

[sar104]

I heard back from my FAA contacts.

Under your first scenario, the person flying the drone must have their TRUST. Since it's technically a 44809 operation, RPIC command can't be used. RPIC denotes a 107 operation.

In your second scenario, they do not have to have their TRUST.

My suggestion would be to declare the flight a 107 flight as an education flight.

But honestly, unless there was an issue, the FAA won't care. Have your buddy get their TRUST cert. Help them even. As you said, it's free and easy.

I think your FAA contact misunderstood the question. In the scenario raised the flight would be a compliant Part 107 operation, not a 44809 operation. You are never required to declare a flight as recreational - it's just an option if you don't want (or are not qualified) to fly under Part 107. It's directly addressed in 107.12:

§ 107.12 Requirement for a remote pilot certificate with a small UAS rating.​

​

(a) Except as provided in paragraph (c) of this section, no person may manipulate the flight controls of a small unmanned aircraft system unless:​

​

(1) That person has a remote pilot certificate with a small UAS rating issued pursuant to subpart C of this part and satisfies the requirements of § 107.65; or​

​

(2) That person is under the direct supervision of a remote pilot in command and the remote pilot in command has the ability to immediately take direct control of the flight of the small unmanned aircraft.​

Both scenarios presented are compliant under Part 107 because 107 doesn't care about the intent of the flight.

 

[Chaosrider]

For crewed aircraft, if there is more than one pilot, you are expected to designate who is the pilot in command for the particular flight. That person is responsible for the flight. It does not matter who is the "sole manipulator of the controls", just who is designated as pilot in command. For example, an instrument rated pilot could be designated as pilot in command while a VFR only pilot or a non-pilot could be doing the actually flying, as long as the instrument rated pilot is in a position to take over. (The situation is a little more complicated if there is a CFI or ATP involved, or if the owner of the plane is present but not piloting. I don't think any of those things apply to part 107).

I expect that the situation is similar for part 107. If the pilot designated as pilot in command has a part 107 certificate the flight can be commercial, regardless of who is operating the controls of the drone, as long as the pilot in command is able to take over the controls if needed. I don't think it matters whether the person at the controls has a TRUST certificate or not.

Disclaimer: I am not a lawyer or flight instructor.

That's consistent with my senses of the reg.

Thx,

TCS

 

[Chaosrider]

My suggestion would be to declare the flight a 107 flight as an education flight.

That was my intention, although I didn't specify that.

Assuming I do declare it a 107 operation, then the RPIC rules should apply in both cases, yes? The student in the first case wouldn't need the TRUST cert for my 107 instructional flight, but they would need it before they "solo", just like you need to have your medical certificate for Part 61 before you solo.

That would make sense to me...but is it right?

Again, thanks!



TCS

 

[Chaosrider]

I think your FAA contact misunderstood the question. In the scenario raised the flight would be a compliant Part 107 operation, not a 44809 operation.

Yes, that was my intention, but I didn't state that as clearly as I could have.

Thx,

TCS

 

[Vic Moss]

That was my intention, although I didn't specify that.

Assuming I do declare it a 107 operation, then the RPIC rules should apply in both cases, yes? The student in the first case wouldn't need the TRUST cert for my 107 instructional flight, but they would need it before they "solo", just like you need to have your medical certificate for Part 61 before you solo.

That would make sense to me...but is it right?

Again, thanks!



TCS

If the "student" is flying under your 107, that's fine. Once they "solo" without you there, they must have TRUST.

 

[Chaosrider]

If the "student" is flying under your 107, that's fine. Once they "solo" without you there, they must have TRUST.

And I'll make sure that they know that!

Thx,

TCS