Notes from AUVSI Conference 2015 - Interview with Lisa Ellman, co-chair, UAS practice at McKenna Long & Aldridge LLP

I had to pleasure of speaking with Lisa M. Ellman, co-chair of the UAS practice at McKenna Long & Aldridge LLP, Washington D.C. This law firm has helped many gain their 333 exemption and entry into legal operation of drones uas uav in the US for commercial operation. Here are some excerpts from the interview:

Addressing the gray area of commercial vs. hobbyist usage: 

Lisa made a good point that "intent" is the key when determining your type of usage. What is non-recreational purpose? It is not always defined by making money. A good example is a University which may want to conduct research & development, do promotional videos, etc. They need to file for a 333 exemption with the FAA. Here the "spirit" of the flight is non-hobbyist, although they are not directly making a profit from the use. The FAA does not have the resources to police all drone usage. They are primarily concerned with Safety. If an accident should occur and you are flying non-exempt, the door is opened for liability issues. 

Potential Pitfalls going alone filing your FAA Petition:

"It is a complicated and complex task to match up the correct federal regulations with what the use case is". A lot of folks have been rejected because of incomplete applications or their operations manual (manufacturer) is insufficient. It saves time and money to get it right the first time. It is an investment on the front end.

Me: What about a tethered vehicle?

Lisa: A tethered vehicle still requires a 333 exemption with a certified pilot in command.