Chapter 15 Waiver for Operations over People and Moving Vehicles - under 0.88 lbs

15.1 General

UAS activity over people (other than Flight Personnel) are prohibited under 14 CFR 107 unless authorized in under 14 CFR 107 Subpart D, or unless the operator has been granted an FAA Certificate of Waiver that waives the prohibition in 14 CFR 107.39 on flights over human beings.

The University of California was granted an Operational Waiver of 14 CFR 107.39 - Operation over Human Beings (Waiver Number: TBD). This waiver is only applicable within Class G airspace, and may only be utilized in accordance with the provisions within this manual.

The following is an addendum to the previous operational instructions within this manual.

15.2 Aircraft Restrictions

Operations conducted under this Waiver may only occur with unmanned aircraft with the following restrictions:

  • Weighs less than 0.88 lbs (400 grams)
  • Must be equipped with an anti-collision lighting system to increase the conspicuity of the unmanned aircraft to at least one statute mile for daytime operations and three statute miles for civil twilight and night operations, for collision avoidance purposes.
  • Must be equipped with Remote Identification, either Standard or Broadcast.
  • Must be equipped with a mechanism to shield or prevent rotating parts from causing lacerations to human skin

15.3 Addendum to Roles and Responsibilities

The following items are added to the respective Roles and Responsibilities.

System Designated UAS Authority

  • The Systemwide Designated UAS Authority listed on the Operational Waiver is responsible for the safe conduct of operations. Prior to conducting UAS activity that are subject of the waiver, the Systemwide Designated UAS Authority :

    • Must ensure all Direct Participants are informed of the terms and provisions of this Waiver and the strict observance of the terms and provisions herein,
    • Must ensure all Direct Participants are informed and familiar with Part 107 regulations not waived, and
    • The Systemwide Designated UAS Authority must keep a record of the communications that establish compliance with the above paragraphs. This record must be presented for inspection upon request by the Administrator or an authorized representative;

  • The Systemwide Designated UAS Authority listed on this Waiver must maintain a current list of unmanned aircraft by registration number(s) and SafeAir parachute system serial number used in the UAS activity that are subject to the waiver. This list must be presented for inspection upon request by the Administrator or an authorized representative;

  • The Systemwide Designated UAS Authority listed on this Waiver must maintain a current list of remote pilots by name and remote pilot certificate number used in the UAS activity that are subject to the waiver. This list must be presented for inspection upon request by the Administrator or an authorized representative;

  • The Systemwide Designated UAS Authority must maintain the sUAS and its components in accordance with manufacturer’s instructions. The aircraft manufacturer may provide the maintenance program, or, if one is not provided, the Responsible Person must develop one prior to performing sUAS operations that are the subject of this waiver. sUAS maintenance includes scheduled and unscheduled overhaul, repair, inspection, modification, replacement, and system software upgrades of the sUAS and its components that are necessary for flight. Each sUAS operated under this Waiver must comply with all manufacturer safety bulletins. Records of this maintenance must be retained for 90 days after the expiration date of the waiver;

  • If the intended operation would be contrary to or obviate a common or special provision of this waiver, then the Systemwide Designated UAS Authority must apply for an amendment to this Waiver;

  • If a discrepancy exists between the special provisions in this Waiver and the procedures outlined in the waiver application, the provisions herein take precedence and must be followed. Otherwise, the Systemwide Designated UAS Authority must follow all procedures as described in the waiver application;

Remote Pilot in Command

  • The RPIC operating under this waiver must have at least 3 hours of flight training with the UAS
  • The RPIC must have conducted at least 3 launch and recovery operations within the last 6 months with the UAS to be considered current. These launch and recovery operations must be accomplished with the UAS equipped with the additional mechanism to shield or prevent rotating parts from causing lacerations to human skin. Additional weight may change the flight performance of the UAS.
  • The RPIC must be trained in the provisions and requirements of this waiver.

Visual Observer

  • At least one Visual Observer is required for any operation under this waiver.
  • No one may operate as a Visual Observer unless they have read and familiarized themselves with the content of the Part 39 waiver.
  • At least one Visual Observer must maintain verbal communication with the RPIC without the need for a radio or electronic devices.
  • Auxiliary Visual Observers may utilize a radio or other devices to maintain verbal communication.
  • At least one Visual Observer must be sufficiently trained to land the unmanned aircraft in the event that the RPIC is incapacitated, and must be able to take command of the unmanned aircraft within 10 seconds.

15.4 Addendum to Flight Planning

The following provisions are required for UAS activity under the Waiver:

  • The FAA has the authority to cancel or delay any or all flight operations in order to maintain safety or to ensure compliance with the terms of this Waiver.
  • This Waiver must not be combined with any other waiver(s), authorizations(s), or exemption(s) without specific, prior authorization.
  • Operations under this Waiver are to be conducted in Class G airspace only unless specific airspace authorization or waiver is received from the FAA in accordance with § 107.41.
  • A copy of this Waiver must be available during the sUAS operations that are the subject of this Waiver.
  • Operations over people is permitted at flight altitudes above 37 ft AGL, ensuring the drone is at least 30 ft above any non-participant.
  • Operations over moving vehicles is permitted at flight altitudes above 64 ft AGL, ensuring the drone is at least 50 ft above any vehicle.
  • Flight Personnel must be easily identifiable visually (e.g. apparel, safety vests).
  • The location and time of UAS activity must be selected to provide the maximum safety of people and equipment, and UAS activity must be conducted only if necessary. The decision to operate above people is not to be considered lightly and other options must be considered first.
  • If the UAS loses communications or loses its GPS signal, the UAS must return to a predetermined location within the operating area and land. The PIC must abort the flight in the event of unpredicted obstacles or emergencies. If all standard reconnection procedures fail, the RPIC has the ability to safely terminate the flight by manually triggering the SafeAir System if the sUAS does drift towards an area that is deemed to be higher risk.

15.5 Record Keeping Requirements

Records shall be maintained for each flight conducted under the terms of this waiver, and records must be retained for a period of 90 days after the expiration date of the Waiver. The Responsible Person shall keep these records at its principal place of business or at other places approved by the Administrator, and shall make the records available for inspection by request of the Administrator. Each record should contain the following:

  • Date, Name of Operator, Responsible Person, Waiver number and Aircraft registration number

  • All operating locations, to include location city/name and latitude/longitude

  • Number of flights (per location, per aircraft)

  • Total aircraft operational hours

  • Approximate average altitude of flight

  • Equipment malfunctions. Reportable malfunctions include, but are not limited to the following:

    • On-board flight control system
    • Navigation system
    • Power plant failure in flight
    • Electrical system failure
    • Control station failure
    • Any failure or malfunction that was followed by a ground collision

  • The number and duration of lost link events per sUA per flight.

  • Number of people, if any, impacted by the sUA

  • Descriptions of any injuries that anyone suffers as a result of an impact with the sUA.