Federal drone flight rules can be tricky to navigate

Visit Bend Marketing Director Nate Wyeth received a letter in August that’s taking his job to a whole new level.

“Dear Mr. Wyeth, this letter is to inform you that we can grant your request for exemption,” reads the first line of the certificate from the Federal Aviation Administration.

The exemption allows Wyeth to fly his drone for commercial purposes, and the nonprofit has wasted no time showing off a new angle of Bend on its promotional website and social media platforms like Instagram.

“I see this as a way to progress my love for aviation, but at the same time my love for photography, and to be able to contribute to this organization,” Wyeth said Tuesday.

But these videos, and countless others, call into question whether operators know the rules and are operating safely and legally.

Wyeth also has a private pilot’s license and considers himself a hobby drone enthusiast. He said that while he suspects he’s one of few following the rules, he knows some of his practices — like flying above people — could fall into a gray area of legality.

“It’s very interesting to see how this will all play out,” Wyeth wrote in an email. “The laws are also very vague about somebody like myself, who will go out and shoot with no commercial intent as a hobbyist, capture some good footage, and then give it at (no cost) to a nonprofit organization (like Visit Bend).”

Wyeth noted that the “Section 333” FAA exemption is held by him, not Visit Bend, so that whoever he shoots for is covered. He said Visit Bend hasn’t used his drone-shooting services commercially yet, though they hope to once winter arrives.

Wyeth is one of only about 1,900 people or businesses in the entire U.S. to receive the exemption, although hundreds of thousands of drones have been sold around the country. Thus, statistically speaking, there’s a good chance what’s buzzing over your head could be operating illegally.

“I don’t know if it’s blatant disregard for the law, or a level of ignorance,” Wyeth said.

Central Oregon Community College Aviation Program Director Karl Baldessari said he sees it all the time.

“Absolutely. I’ve been to events right here in Central Oregon where I’ve seen quad-copters, clearly with cameras, that are filming everything that’s going on,” Baldessari said. “I’m not saying the were operating illegally, but I have to at least ask the question, ‘Were they operating safely?’ because of their flight pattern, and they were operating pretty close over a crowd.”

According to the FAA, flying over crowds is not allowed. The administration states: “A small UAS may not fly over people, except those directly involved with the flight.”

But Wyeth points out that the rules are just proposals at this point, and have yet to be adopted. He also said his exemption allows that “flight operations may be conducted closer than 500 feet from participating persons consenting to be involved and necessary for the filming production.”

Wyeth said that in preparation for his aerial shoots for Visit Bend, he posts notices in the area to warn the public.

Flying drones for commercial purposes without an exemption is also illegal, as is flying too close to airports, above 500 feet or faster than 100 mph. There also are rules regulating sight distance and flying at night.

Baldessari viewed one video Visit Bend posted on its Instagram account of a flight over the Old Mill. He said he could not say whether the flight was legal or not, but did say there could be some safety concerns.

“They are clearly flying over buildings and cars. Yeah, they’re flying over people — and I would consider the Old Mill shopping area a public gathering place,” Baldessari said.

The video was shot by Wyeth for the Old Mill’s Fermentation Celebration in June.

But Wyeth noted that the Old Mill District is private property, and permission is needed from its management to legally film in any capacity, which he made sure to do.

Wyeth also told NewsChannel 21 he is very careful to ensure his flights are safe. But it’s not just the FAA that can hold him accountable.

“As a commercial operator, I have to carry my own liability insurance, and that insurance states that I can’t fly over crowds of people — parties of 20 or more,” Wyeth said. “If I’m flying over people, I’m always making sure I’m never directly overhead of any individual person. And if I’m over a crowd, I make sure I’m never in a situation where if the drone were to fail, it would fall on them. I’m very cognizant of that.”

But he knows an operator can only do so much.

“At the end of the day, you’re dealing with technology, and technology can fail. So it’s always something that’s in the back of my mind,” Wyeth said.

Asked whether he thinks the FAA’s plans to require registration for hobby drones is a good idea, Wyeth said he has a mixed view. He said he understands the intent and the need to hold drone users accountable, but he also thinks enforcing the rule could be unrealistic.

“I lean (toward) some sort of education for drone operators,” Wyeth said.

But Baldessari thinks registration is necessary.

“I think when you see the amount of (unmanned aerial) vehicles that are out there and the amount of operations that are basically multiplying, I think something has to be done to make sure people are held responsible for operating these things,” Baldessari said.

Those who have spotted possible violations can report them to the FAA here: https://www.faa.gov/contact/safety_hotline/

Do you think the federal government should require registration of drones? Weigh in on our KTVZ.COM Poll, halfway down the right side of our home page.