Commercial Drone Operations in the Public

The Aerotas Guide to Achieving Drone-Community Harmony

This article covers best practices for commercial drone operations, addressing regulatory hurdles, and gray areas, as well as strategies for handling onlookers and concerned parties. Despite the widespread discussions on drones, public perception remains sensitive. We'll explore approaches to encounters with the public, aiming to minimize disruption while staying within your rights as a drone operator.

Where you can operate your drone and who can tell you not to

Drone operations differ from manned aircraft operations due to the unique position of drone operators on the ground. This creates a distinct regulatory situation that can lead to confusion and challenges in interacting with the public. Whereas manned aircraft operators are governed almost exclusively by the FAA, drone operators find themselves in a middle ground between the FAA and local/state governments. It is important to note that regulations vary significantly at the local and state level, and you should always be aware of specific geographic laws before flying. In this article, we’ll focus on general strategies and how to avoid common pitfalls of public drone operations.

The FAA has jurisdiction over major/regional airports and airspace in relation to drone operations. While actual airspace classifications are complex, we’ll focus on two high-level categories: controlled and uncontrolled airspace. Controlled airspace exists at the surface around busier airports, and generally starts at 1200’ AGL virtually everywhere else. To fly a drone in controlled airspace, you need prior permission (authorization) from the FAA. This means that the majority of the airspace in the United States is “uncontrolled airspace”, where drone operators have the right to fly. In uncontrolled airspace, drone operators must comply with Part 107 regulations but do not need specific permission to fly. It's important to note that airspace is not privately owned, and drone operators have the right to operate within uncontrolled airspace. However, discretion and awareness of the nuances are crucial, as discussed in the following section.

While the FAA presides over drone operations in the air, local/state governments and private property owners primarily control ground-based activities. Governments and property owners generally determine whether launching drones is allowed or prohibited. We advise you to research and ensure compliance with regulations before launching in a new area. If there is no clear answer, it is usually safe to proceed unless you are trespassing or violating any Part 107 regulations.

Below we provide a list of areas and events where controlling agencies may prohibit drone operations:

  • Parks

  • Wildlife Preserves

  • Government buildings

  • Critical infrastructure areas

  • Sporting events or other large organized gatherings of people

  • Airports

  • Military Bases

Regulatory Take Homes:

  • Know your Part 107 Regulations

  • Know your local and state regulations

  • Don’t trespass - If you’re launching from private property, ensure you have explicit permission from the property owner beforehand.

Operations in the Public Eye

Although many drone operations take place on private property with prior consent, most operations can still be witnessed by the public. What’s more, onlookers can capitalize on their curiosity with the implementation of Remote ID regulations. In this section, we discuss some best practices when dealing with public onlookers, curious members of the public, and ensuring your operations in public spaces are minimally intrusive.

Look the Part

Whether you're an independent operator or part of a larger company, projecting professionalism and treating your drone operations accordingly is crucial. To reassure the public as to your professional intentions, it's advisable to visually represent your role.

Wearing attire that displays your company logo, such as a hat or a polo shirt, and complementing it with a fluorescent safety vest can have a significant impact. We've observed that wearing a safety vest while operating a drone significantly reduces suspicions and inquiries. Nothing says “I’m supposed to be out here, working”, quite like a fluorescent safety vest.

In addition to appropriate clothing, it's beneficial to establish an operational perimeter using safety cones. A 20'x20' area demarcated by four or more safety cones not only acts as a non-verbal deterrent to interruptions but also ensures operational safety by keeping others away from your landing zone. Although this won't eliminate all inquiries, people tend to be more respectful and at ease when they see safety measures in place.

It's also common for people to ask for proof of legitimacy, so having business cards or pamphlets with general information about your company and drone survey operations is a good idea. While this isn’t strictly necessary, distributing a business card when individuals approach can actually save you time when compared to answering their various inquiries.

Whenever possible, choose a launch location that is away from busy areas. This reduces distractions, interruptions, and the risk of others encroaching on your operational space, enhancing overall safety.

Know your rights, but be reasonable

As mentioned previously, nobody owns the airspace above their home, and you have a right to conduct operations virtually anywhere within uncontrolled airspace up to 400’, while ensuring you’re in compliance with Part 107 regulations.

But, just because you have the right to do something, doesn’t mean it’s always in good taste or appropriate to do so. As the Remote Pilot in Command, it’s up to you to assess each situation and act reasonably therein.

Avoid Arguments

One of the most challenging situations can arise when dealing with people who believe you can't fly your drone in a certain area even if you’re legally within your rights. Arguing won't change their mind, so stay calm and understand their perspective. Explain your activity while emphasizing the need for focused attention on safety. If they persist, it's best to land the drone and end the operation to de-escalate the situation. Sometimes it's necessary to give up and try again later. If unsure, contact local law enforcement for guidance, but do so after leaving the site to avoid complicating matters or escalating tensions.

NTIA’s “Guidelines for Neighborly Drone Use”

The NTIA's "Guidelines for Neighborly Drone Use," though somewhat outdated, offer a reasonable approach to conducting drone surveys with consideration for the public and their private property. While not legally binding, following these guidelines promotes harmonious operation:

  • Inform people before capturing their pictures or videos, if possible.
    **Aerotas Note: We have found the above step to lead surveyors to laboriously canvas a neighborhood to inform residents a drone survey is taking place. We find this to be an unnecessary waste of time.**

  • Respect others' reasonable expectation of privacy and avoid intrusive data collection.

  • Avoid flying over private property without permission when feasible.

  • Collect personal data only for valid reasons and delete it when no longer necessary.

  • Safeguard sensitive data against loss or theft.

  • Honor requests to delete personal data, unless there are compelling reasons not to.

  • Listen to polite and reasonable concerns about privacy, security, or safety.

  • Refrain from harassing individuals with your drone.

When conducting survey operations, if your flight area is relevant to the survey, it can be deemed reasonable and necessary to fly there. However, there are additional considerations to minimize invasiveness in drone surveying. We’ve developed the following guidelines more specifically for drone surveys in the public eye.

Aerotas’ Guidelines for Neighborly Drone Surveys

  • Avoid hovering over houses whenever possible to minimize disturbance.

  • When using Lidar, schedule calibration flights away from residential areas if possible, and avoid conducting them directly over homes.

  • Choose an altitude between 150' and 400' that balances accuracy and intrusion. Flying lower than 150' (unless FAA mandates) can increase field time, invade privacy, and potentially reduce project accuracy.

  • If approached during your operation, politely answer questions but prioritize safety and inform the person that your full attention is necessary. If a situation becomes contentious, land and secure your drone before addressing it.

  • Consider the concerns of individuals genuinely bothered by your operation before proceeding further.

In Conclusion…

In conclusion, it is highly recommended to familiarize yourself with part 107, as well as local and state regulations, while also embodying basic principles of decency. Generally speaking, operating drones commercially is more about being professional, polite, and respectful than it is about perfectly following the laws. We’ve seen lots of operations that were perfectly legal encounter problems because the pilot was rude and arrogant and combative. Likewise, if you are respectful to the general public, and operate safely and responsibly, it is unlikely that anyone will be bothered even if you inadvertently do break a few rules.

 
 

At Aerotas, we have helped surveyors throughout the entire United States fly tens of thousands of projects without issue, in even the most challenging legal and technical environments. If you want to learn about how Aerotas can help your drone survey operations, click below to reach out and we would love to help.