Under recent amendments, commercial entities no longer need to apply for a project-specific waiver. When Part 107 was initially issued, commercial drones were not permitted to be flown over people unless a waiver was obtained. The pilot must obtain and maintain night flight certification every two years. Now, however, amended Part 107 permits night flight without the time and expense of a waiver and risk mitigation, provided companies utilize a drone pilot with current night certification and the drone has certain anti-collision lighting. Previously, commercial operators had to obtain a waiver to fly their drones at night, which required a significant amount of risk mitigation. These most recent Part 107 amendments expand use opportunities over construction sites and potentially lower compliance costs for drone usage on construction projects. In April of 2021, the FAA amended Part 107 at least in part to streamline the regulations relating to commercial drone use, including the requirements relating to flying at night and over people. Although waivers could be obtained from certain Part 107 requirements provided the pilot demonstrated the drone could be operated without endangering life or property, the process could be lengthy and cumbersome to address the many operational restrictions. Some of the initial FAA regulations involved operational parameters or restrictions including (a) the drone pilot must be within sight of the drone during operation (b) the drones could not be flown over any person who was not directly participating in the operation of the drone and (c) drone operations could only be conducted in daylight or civil twilight (30 minutes before sunrise to 30 minutes after official sunset).
Small drones or UASs are defined as weighing less than 55 pounds on takeoff. Part 107 of the Federal Aviation Regulations (“Part 107”), which regulates the use of drones when operated for commercial purposes.
Regardless of the state in which the project is located, companies and persons operating commercial drones must observe regulations promulgated by the Federal Aviation Administration (“FAA”), which has the exclusive authority to regulate aviation safety, airspace navigation, and air traffic control. This article examines the federal regulations related to drone use, as well as considerations for construction professionals related to state and local laws, project location, and weather issues. The use of drones, or small unmanned aircraft systems (“UAS”), has become common throughout the construction industry in all phases of construction, including pre-construction, progress of the work, project closeout, and maintenance.
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