H R 302 Drone Rules-Flying a Drone at Night and Over People

For the new rules, Congress had put out in HR 302 in 2018. You will need a special waiver that allows us all to fly at night and over people. Otherwise banned by the FAA’s Small Unmanned Aircraft Regulations, also called the Part 107 rules. If you want to fly over people, outside the visual line of sight (BVLOS), above 400 ft, or at night, then you want to obtain a Part 107 waiver.

Flying a Drone at Night and Over People

The particular part of Part 107 that ensures daylight operations is 107.29. Although we’ll generally refer to some 107.29 waivers as a”night waiver” in this resource, the actual title of this waiver is a Daylight Operation waiver, because technically, even when you request permission to fly through the night, you’re seeking to have the Part 107 principle which needs sUAS pilots to operate only during daylight hours briefly waived.H R 302 Drone Rules-Flying a Drone at Night and Over Peoplelady-gaga-drones-halftime-800x450

Before we go any further, we would like to tackle the question of whether you can go through this procedure by yourself.

While it is true that you could hire a lawyer to fill out your Section 107 waiver program for you, the answer is yes you can do this on your own, and in reality, you are possibly the best person for your job. After all, this is the assignment, your drone, and your livelihood.

We’ve organized this source into segments, so you can jump around to get the information you most need, or you can read it directly through to get a full overview of the way to begin getting a Part 107 waiver to fly your UAS through the nighttime.

  • Use instances –why fly a drone at night?
  • Component 107 waivers vs. airspace authorizations/airspace waivers
  • When do “night” start, and the kind of lights should I use?
  • The FAA’s 5 safety guidelines for night waiver applicants
  • What’s the appropriate way to ask a night waiver?
  • What if I require a Part 107 waiver AND airspace authorization?
  • Just how long do I need to wait for approval?
  • What does getting a 107 waiver to fly at night seem like?
  • What’s next for Part 107 waivers?
  • Use instances – why fly a drone during the night?

There are a lot of reasons you may want to fly a drone at night. Following are a few general categories, with particular use cases for various situations that might call for nighttime flying.

Photography / Cinematography From capturing a marriage to shooting a picture for a high chance of a parcel of property at dusk for real estate functions, to filming a concert, play, or even some other live event, there are scores of reasons related to aerial photography and cinematography that you may request to  fly at night.

On the other hand, you may want to fly at night since you feel like filming some incredible shots. Surveilling a center at nighttime, a prison, or any other significant construction. A distant area where a pricey building or other equipment has retained, multiple security-related scenarios may call for flying a drone during the night.

Public AgenciesFirefighters may need to use a drone to examine a fire at night to search for smolderers or to fly over a woods fire to comprehend its contours. Police depart might also want to use drones for surveillance at night when some criminals may be encouraged in their illegal actions by the cover of darkness.

Inspections and Surveying LiDAR polls can perform at nighttime, and inspections using aerial thermography to look for places where construction is leaking heat and could be enhanced can also conduct at night.

ConservationPoachers often perform their work at night, and a few animals are just awake through the night so that there are instances where it may be necessary to fly a drone at the dark either to get a study or to protect an endangered species from those that may want to harm it.

On the flip side, you may want to fly at night only because you’ve got some amazingly powerful lights you’d love to flaunt. Part 107 waivers vs. airspace authorizations/airspace waiversThe phrases”Part 107 waiver” and”airspace empowerment” are often utilized in the same sentence, and it can seem like they’re the specific same thing understandable, in part because recently the FAA type to apply for them was the same particular form with two different checkboxes

Before the form was split people got their program for one or another rejected because they don’t correctly understand what was which.

So what’s the difference?

Component 107 Waivers Applying for a Part 107 waiver means that you want to get permission to be exempt from existing Component 107 prohibitions and regulations, such as not being allowed to fly at night, or not being permitted to operate beyond visual line-of-sight (BVLOS).

Therefore, if you would like permission to fly over people, or if you’d like to perform a BVLOS flight for a railroad review.  If you want to fly at night so you may do some amazing drone light display as a backdrop to a rock concert. Okay, so those drones were not operating well, but you get the idea), you may apply for a waiver which would temporarily exempt you from the Part 107 requirements.

Airspace Authorizations and Airspace Waivers”
An airspace authorization is short-term (around 6 months), and permits access to a more restricted operating area. An airspace waiver is the longer duration (6 months to 2 years), and grants access to a larger operating area.” It’s worth noting that the majority of the requests to fly in controlled airspace we hear about having to do with airspace authorizations, not airspace waivers. Flying a Drone at Night 800x450636-661627365_537386-Olympics

Want to find out more about the airspace authorization process? Check out our in-depth resource on airspace empowerment here.

When does”nighttime” begin, and what sorts of lights should I use? Part 107 prohibits the operation of a UAS through the night, which can define as the time when the end of evening civil twilight and the start of morning civil twilight, as published in the Almanac, converted to local time.

From the continental United States (CONUS), evening civil war is the period of sunset until 30 minutes after sunset and dawn civil twilight is the period of 30 minutes before sunrise until sunrise. The Air Almanac provides tables which determine sunrise and sunset at different latitudes. These tables may be downloaded from the Naval Observatory at http://aa.usno.navy.mil/publications/docs/aira.php.If you are flying into that 30-minute civil twilight period; your aircraft should be equipped with special anti-collision lights that capable of being observable for at least 3 miles in all directions.

So to see, the Part 107 rules state that you can just fly your drone during the day. And that if you are flying during that 30-minute civil twilight period, you need to have lights that are visible for a minimum of three miles.

Light recommendations frequently get asked what sorts of lighting meet the FAA’s needs for visibility.
Following are a few of the lights our students have bought. We will do our best to maintain this record up-to-date as we know about new options: Lumecube code UAVCoach10 for 10% discount when buying straight from their website)DS-30 LED White Drone StrobeThe FAA’s five security guidelines for nighttime waiver applicants

The FAA includes a record with safety guidelines for all waiver applications, which includes a listing of five special rules for H.R. 302 drone 107.29 waivers.

Below are the 5 guidelines, with notes on the best way best to approach addressing each and every one.
When it comes to completing that the Part 107 waiver form on FAA drone zone, information concerning each of these guidelines should be contained in the Waiver Safety Explanation free form field part of your program (see the section immediately following this one for a step-by-step on how best to complete the form).

1. Provide a way for the remote pilot to maintain visual line of sight during darkness. Make explicitly clear how you will keep a Visual Line of Sight (VLOS) together with your drone. Because it’ll be dark, make sure to include details regarding the lighting you intend on using, and the particular conditions you’re going to be flying in. Can you have a Visual Observer (VO), or two VOs? Will the region where you’ll be flying also have light, in addition to the lights in your sUAS? The more detail you can provide, the better.

2. Provide a method for the pilot to see and avoid other aircraft, individuals on the floor, and ground-based structures and barriers during darkness. 1 thing which can help here would be to create your area of operation comparatively small and controlled. As you’ll see from the example answer below to your Waiver Safety Explanation from among our students, he addresses this concern by saying that”the operating area is a protected public safety training facility, using an 8-foot fence surrounding the south border and 6-foot chain link fence around the other 3 sides; accessibility is only by way of a gate with secure numeric code.”Of course, we can’t all fly missions within fenced-in areas protected by numerically coded locks.

But be sure to be exceptionally thoughtful when describing security protocol for preventing crashes. Will you have a VO assisting, to look out for hazards in the sky and on the floor? What will you do in a crisis? Again, attention to detail is the name of the sport.

3. Provide a way where the distant pilot will be able to continuously know and ascertain the position, altitude, attitude, and motion of the small unmanned aircraft. Anticipate security questions and answer them here. Given that technology may fail, what will you do if you lose the relationship with your drone?
Having one or more VOs is also a fantastic way to deal with this guideline. If you go that route, be sure that you clarify how you’ll communicate with that individual in detail–through radio, or simply by standing close enough that you can speak directly to him or her. The more specific you can buy, the better.

4. Provide a method to guarantee all necessary persons participating in the tiny unmanned aircraft operation possess the knowledge to recognize and overcome visual illusions brought on by darkness and comprehend physiological requirements that might degrade night vision. The phrase”night illusions” refers to the tricks your eyes can play on you during the night, which may result in confusion during nighttime flights. Be sure that you address how you will deal with night illusions, such as remedies like flying for shorter amounts of time, using a window of time to allow your eyes to adjust after turning the lights in your drone, along with other methods you plan to utilize to deal with night illusions.

Autokinesis: Phantom movement; prolonged staring may cause it to seem that an object is moving contrary to fact. Fascination (Fixation): People ignore orientation cues and fix their attention on a goal or an object. Reversible perspective illusion: determine if an object is moving towards you or away from you. Size-distance illusion: Dimly lit items seem to be further away and brightly lit objects appear closer. Flicker Vertigo: Flashing lights can lead to nausea or disorientation.

5. Providing method for increasing the conspicuity of the tiny unmanned aircraft to be observed at a distance of at least 3 miles unless your system is in place that may steer clear of all non-participating aircraft. This one is pretty straightforward. We’ve heard of many situations where pilots simply assume their lights are powerful enough to be viewed for 3 statute miles, when in fact they are not.
Be sure to include specific information on the lights you plan to use during your nighttime flight–see the conclusion of the prior section, “When does”nighttime” begin, and what kinds of lights should I use?” For a listing of recommended lights that meet FAA requirements for nighttime flying.

What is the appropriate way to request a night waiver?

According to the FAA, you should complete their online Part 107 waiver type within at their FAADroneZone website, which you’ll need to enroll for. It’s the exact same place you register your drone commercially, apply for airspace authorizations, and submit incident reports if necessary. After submitting the form, the FAA” will review and issue decisions on waiver and authorization requests within 90 times .” Nevertheless, we’ve seen our pupils obtain their requests given in as soon as 2-4 weeks.

Make certain to read the Instructions and also the Waiver Safety Explanation Guidelines and also to fill out the form properly, or you either won’t listen in the FAA or will be refused a petition and will have to start over.

So here is how should you fill out the form?

First, in case you have not already set up an account with FAADroneZone, make sure that you go ahead and do this. This is the same account you would be using for your recreational or industrial sUAS registration.


You want a crucial title for your planned operation. This will usually only be you, however, it does not have to be. The Person is actually not required to maintain a Remote Pilot Certificate and may be the representative of a company.
The Responsible Person you list is accountable to get a list of responsibilities, include maintaining records demonstrating compliance with FAA; being accessible by the ATC; and keeping a list of pilots and make / model of all drone involved in the operation. See the full list of duties on pages 1 and 2 of this FAA Waiver Program Instructions document.
This is simple. Just enter your self or the pilot who will be flying the assignment.

Waiver security explanation

The following section of the form has an open form area requesting your waiver safety explanation. Select the Daylight Operation box, then make certain that you deal with all five of those waiver security explanation guidelines for a 107.29 Daylight performance waiver. (See the previous section for the listing of these five tips and our guidance on the best way best to tackle everyone.)

Make sure your response is thorough, including every detail potential to show that you have considered all contingencies, and be certain that you completely address all the five guidelines. Here is the response among our students supplied for a successful night waiver program:
A visual viewer is going to be utilized in any way times.

For small distances, primary communication will be through voice. If longer distances are essential for an operation, then a community of walkie-talkies will probably be utilized. If both of the methods are ineffective or disrupted, operations will be suspended until communications restored.

Visual scanning and audio cues are going to be the first procedures for detecting airborne and terrestrial intruders to the field of operations. PIC and also VO(s) will be trained on appropriate scanning processes, visual illusions and employ these skills to stay vigilant to some non-participating aerial vehicles and individuals. All operations that will be conducted in Class G airspace unless a distinct airspace Certificate of Waiver or Authorization see specifically saying that nighttime operations might be conducted in controlled airspace is obtained from the FAA, according to § 107.41.

The takeoff and landing area should be illuminated and clear & free of obstacles for a 25′ radius and can be identified with flags, markers, or security cones to prevent non-participating personnel from entering the Zone. If a person is detected approaching our operating area operations will be suspended as well as the UAS will immediately be put in a safe place to prevent any conflict with the intruder.

The Remote Pilot in Control (Remote PIC) will have the ability to find the aircraft in the dark, in the maximum planned flight distance from the Remote PIC and Visual Observer (VO) through the setup of an anti-collision light that is visible for three statute miles or longer. The Remote PIC may lower the degree of this anti-collision lighting if he or she decides that, because of conditions, it would be in the interest of security to do so. Along with this, VOs will be based in locations in our operating area to discover any airborne or terrestrial intruders best.

The Remote PIC will tell which way the aircraft is pointing or flying in the dark as the operator will receive onboard telemetry data to maintain the exact place, altitude, attitude, and movement of the aircraft carrier. Also the data the visual observer will report back to the pilot to confirm the flight route, location, and altitude.

If the Remote PIC or VO they lose sight of this aircraft in the dark that the procedure will be terminated as well as the aircraft will land immediately or return to the house using a predetermined path and elevation that ensures secure clearance above obstacles. For the Remote PIC and/or VO to locate different individuals, aircraft, obstacles, and structures in the dark, the projected area of operation, flight paths, and return to house paths, will be illuminated or evaluated for hazards along with a minimum safe altitude will be utilized. A return to house altitude will be programmed to ensure safe clearance over challenges and hazards if a loss-of-link happen.

If other persons/aircraft are during flight, then the operation will terminate, and aircraft will yield the right of way, landing instantly or returning to house working with a predetermined route and elevation that ensures safe clearance over obstacles.

The pilot will be prohibited from participating in any other activity, like looking at charts, during nighttime little-unmanned aircraft operations. Operators will be eyes on the aircraft that the entire time. Additionally, to the telemetry data, the visual viewer will report back to the pilot to confirm the flight route, location, and elevation.

Before conducting operations which are the topic of this Waiver, the Remote PIC and VO will be trained to recognize and conquer visual illusions caused by darkness and understand physiological conditions that might degrade night vision.

Chapter 13 of the Flying Handbook

“Night Operations” and FAA Aeronautical Info Manual, Chapter 8″
Medical Facts for a Pilots” will be our primary resource for knowledge about nighttime operational risk. This info will be disseminated electronically to all team members participating in our operation due to their studies and reference. A hard copy will soon be available on site for additional review if required.

The Responsible Person will run a quiz, correctable to 100 percent, of each participating team member before any training and operation and quiz documentation will be kept onsite.