In this blog post, you will learn how to fly large drones over 55 pounds using a section 333 exemption. Furthermore, we also compare FAA 333 exemption to Part 107. Which is the best option for commercial drone pilots? And why? Read on to find out.

Can You Fly a UAS over 55 pounds under Part 107?

It is a known fact that commercial drone pilots need a Part 107 certification to comply with the law of the land. However, when it comes to extremely small drones (weighing less than 250 grams [.55 pounds]) and really large drones (weighing more than 55 pounds), drone certification requirements are quite different.

For drones weighing less than 250 grams, commercial drone pilots do not need any certification at all. In fact, according to the industry rumors, the eagerly awaited DJI Spark 2 might fall in this category.

However, when it comes to large drones weighing more than 55 pounds, things are not so simple. Large drones are used for applications like crop spraying, drone deliveries, and LiDAR. The world’s largest drone, the Feihong-98 tips the scale at a large 5.25 tons.

According to the latest drone rules, anyone wanting to fly a UAS over 55 pounds will have to seek exemption under Special Authority for Certain Unmanned Systems (49 U.S.C. §44807). Section 44807 of the 2018 FAA Reauthorization Act replaces FAA 333 exemption of the FAA Modernization and Reform Act of 2012.

So, Can I No Longer Fly Under Part 333 Exemption?

No. Section 333 is not dead.

You can still fly your drone under a Section 333 exemption. According to the FAA website, a total of 5551 exemptions have been granted to date.

How do I File for a Section 44807 (Previously Section 333) Exemption?

Section 44807 of the 2018 FAA Reauthorization Act states that:

“Notwithstanding any other requirement of this chapter, the Secretary of Transportation shall use a risk-based approach to determine if certain unmanned aircraft systems may operate safely in the national airspace system”.

So, how does the FAA plan on implementing this risk-based approach to ensure the safety of the national airspace system?

These are some essential pointers for filing your Section 44807 Exemption:

• Describe the design and operational characteristics for the type(s) of UAS in as much detail as possible
• Training of PIC and flight experience matters a lot
• Describe your plan for ensuring safety
• Specify the proposed maximum operating speed and altitude, minimum flight visibility and distance from clouds
• You will need to obtain a COA too. The FAA issues a Blanket COA to everyone with a Section 44807 exemption. If you wish to operate outside the purview of a blanket COA, you can also apply for a full COA. To learn more about the different kinds of COA’s and how they compare to Part 107, check out our show, “Should public safety offices get a Part 107 or a COA?”

You can also check out FAA’s document, “How to File a Section 333 Exemption” for more details on this. Once you have reviewed this document, you can file your petition on the public docket.

Section 333 Exemption vs. Part 107 – Comparison

No doubt, getting your Part 107 certification is a far easier option. Let us first discuss the advantages of getting your Part 107 certification over a Section 333 exemption.

1. Requirements for getting a Section 44807 exemption are far more stringent

For starters, only Part 61 manned aircraft license holders can apply for a Section 44807 exemption. Compared to this, there are no such requirements for getting your Part 107 license. Anyone who is above the age of 16, can speak good English and is in sound mental and physical condition can apply for a Part 107 license.

2. You can get your Part 107 in just 15 days

Drone registration requirements for Section 333 exemption holders mandate that they must use the traditional Part 47 process. Part 47 is a cumbersome and paper-based process that takes much longer than Part 107.

While the entire Part 107 certification process can take as little as 15 days, getting your Section 44807 exemption can take as long as 120 days.

3. Medical Requirements are far more relaxed for Part 107 aspirants

If you are applying for a Section 333 exemption, you MUST furnish a medical certificate

4. Section 333 exemption holders must use Visual Observers at all times

Section 333 exemption holders must use a visual observer at all times. Using a VO is not mandatory for Part 107 license holders.

Section 333 Exemption vs. Part 107 – What are the Similarities?

• Both are valid for two years
• You are always required to maintain Visual Line of Sight
• You need permission to fly in controlled airspace
• You cannot fly higher than 400 feet AGL

You can check out all the requirements in this FAA’s application for a Blanket COA

Conclusion

Getting a Part 107 license is undoubtedly the better option if you are flying one of the popular consumer drones like the Phantom or Mavic. However, if you wish to fly a large UAS over 55 pounds, applying for a Section 333 exemption is your ONLY resort.

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Comments (10)

• R

  Thanks for this informative piece about the 107. I may have a project coming up in the US soon.

  From where I come from (Singapore) the rules are very strict as well and without a permit we cannot fly above 200 feet to take any aerial photos or videos. Visual line of sight is also mandatory here.

  Regards,
  Rey (www.aerialphotography.sg)

  Rey
• R

  Drone U wrote: “……the possibilities are endless…..”Flying with total disregard of the “see and avoid” precept that aviation has instilled for a hundred years and flying into Class A airspace. Indeed…..the possibility of midair is endless. Amazon and others are working on true self contained collision avoidance. When they get it working then they will be able to fly beyond visual line of sight because the aircraft with be able to “SEE AND AVOID”. Until drone drivers get serious about ALWAYS yielding to manned aircraft there should be NO BVLOS flying. Actually there should be NO DRONE FLYING until it is crystal clear that drones do NOT have the right of way. Manned aircraft do…..by law and by common sense.

  Ray Van Cleave
• J

  Regarding, in your post, the section ‘Inability to Broadcast Message Elements in Areas with Poor Network Could Seriously Hamper Drone Operations’; in NPRM X-C (pages 101 and 102), they define the internet being “available” in this statement: “Under the proposed rule, the internet would be considered available if cellular orother forms of wireless internet connectivity such as Wi-Fi are available in an operational area with sufficient signal strength to maintain a connection between the UAS and the internet.” They go on to say, that if internet is not available, you can still fly under Std RID (not Limited RID). This seems to allow for operations where there is no cell coverage. The question is, how will this be enforced? Will they require the UAS controller to be designed to enforce this? What a situation where there is cell internet coverage, but you don’t have a data plan? Technically the internet is “available”, but any device capable of a cellular data connection would report that internet is not available. This Network Transmission thing is a mess!

  Jim North
• P

  I HATE DJI… so many times Ive had FAA approval to fly and my P4Pro2.0 says it cannot take off… it because of DJI’s geofencing and in border line areas… FAA says its good to go… DJI says NO. I’m also sick of having to log into DJI every day to get approval to fly. DJI is a PAIN and I’m happy to see good competition !!

  Patrick
• J

  What are the laws and regulations for flying a recreational drone and a commercial drone how do I find out what I need to do.

  John Winghart
• E

  Ford Motor Company White Paper on Zero Cost Remote ID. They also adeptly handle the subject of the absolute need for privacy. Not sure when it was released, but this is well thought out and makes a lot of sense. There is plenty of meat in here to help us provide our arguments effectively and convinceingly. file:///Users/rickbormanadmin2/Desktop/Ford-A-Zero-Cost-Solution-for-Remote-Identification(1).pdf

  Earle b
• E

  A link would be more helpful: https://media.ford.com/content/dam/fordmedia/North%20America/US/2018/03/07/Ford-A-Zero-Cost-Solution-for-Remote-Identification.pdf . Worth the read and perhaps a call to the author.

  Earle b
• V

  This is for Ray Van Cleave.

  You are obviously a egotistic manned aviator. The sky does not belong to you. It is ours too.

  You have committed your ignorance into this article for all to see. Congratulations for displaying that absolute idiocy to us.

  I know plenty of your fellow manned aviators whom would think you are off your meds if you have an attitude like that. Or maybe you need to start taking some.

  Go away.

  Vic Moss
• B

  The specs are pretty good, especially when compared side by side to the Mavic 2 series. The page below has a great comparison table….
  https://dronephotographybible.com/is-the-autel-evo-2-better-than-the-dji-mavic-2/

  Ben F
• M

  You say: “So can you map with an LRS camera or linear rolling shutter? Yes, but you can’t do it at scale. To fly the same mission takes four times as long to process the data it takes twice as long. So when you’re doing maps every day that is just simply not workable.”

  Is there a link or article where you elaborate? I only map with mechanical shutter, but most new systems have LRS and I’m looking at purchasing a new system.

  Martin Schaefer