USA #333 exemption

Gary Ehrenfeld · Jan 10, 2016

I have a single engine pilots do I need a #333 exemption?

The Editor · Jan 10, 2016

Gary Ehrenfeld said:
I have a single engine pilots do I need a #333 exemption?

Hello, and welcome to the forum.
This question has been asked (and answered) many many times.
Please use the search function on the forum - its very useful!

Gary Ehrenfeld · Jan 10, 2016

The Editor said:
Hello, and welcome to the forum.
This question has been asked (and answered) many many times.
Please use the search function on the forum - its very useful!

Thank you

DroneTechAerial · Jan 10, 2016

If you want to legally charge your clients, the answer is yes. You can also fly under someone else's 333 exemption as well.

Jeremy Kern · Feb 2, 2016

to charge you have to have a commercial pilot, becouse as all pilots know you can not be paid as a private pilot.

licensed pilot · Feb 2, 2016

Jeremy Kern said:
to charge you have to have a commercial pilot, becouse as all pilots know you can not be paid as a private pilot.

Under a 333? That is not correct but serves to point out the inconsistency of the FAA. Yes, a private pilot cannot charge for manned aircraft pilot services. However, under the Section 333 rules the FAA allows anyone, from sport pilot through ATP to charge for UAV services under a valid 333. Approved 333s can be read here. Item 13 addresses pilot licenses:

"13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate."

As a licensed commercial pilot I can charge for my services in a manned aircraft. However, before I received my 333 charging for flying my UAV could have cost me my FAA license. Logical...

PAEROS · Feb 3, 2016

Honestly I'm perfectly fine with people thinking they have to have a commercial certificate, less competition!

Sent from my iPhone using Tapatalk

Jeremy Kern · Feb 3, 2016

According to our FAA here, you must be commercial. And personaly know of a guy here that got a letter from them stating so. I am trying to get my hands on that letter today.

PAEROS · Feb 3, 2016

Jeremy Kern said:
According to our FAA here, you must be commercial. And personaly know of a guy here that got a letter from them stating so. I am trying to get my hands on that letter today.

That's so interesting, in all of my research I have never heard nor seen that. I would love to see your letter and it's a good thing I'm actually working on my commercial cert to get it by summer.

Sent from my iPhone using Tapatalk

SanCap · Feb 3, 2016

Jeremy Kern said:
According to our FAA here, you must be commercial. And personaly know of a guy here that got a letter from them stating so. I am trying to get my hands on that letter today.

You are incorrect, a commercial rating is usable but not mandatory to fly a UAV under a FAA 333 exemption.

Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in
14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

Jeremy Kern · Feb 3, 2016

PAEROS said:
That's so interesting, in all of my research I have never heard nor seen that. I would love to see your letter and it's a good thing I'm actually working on my commercial cert to get it by summer.

Sent from my iPhone using Tapatalk

Ill keep working on it, since it did not get sent to me since i am a ATP I am hoping he will let me see it.

SanCap said:
You are incorrect, a commercial rating is usable but not mandatory to fly a UAV under a FAA 333 exemption.

Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in
14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

You are correct however thats to use it as commercial it does not say taht you may be paid for your services and thats where our FAA is getting in the mix. you can do it for free and use it in a commercial setting but you can not be paid directly for your services. direct quote from Farmingdale NY FISDO

SanCap · Feb 3, 2016

Jeremy Kern said:
Ill keep working on it, since it did not get sent to me since i am a ATP I am hoping he will let me see it.

You are correct however thats to use it as commercial it does not say taht you may be paid for your services and thats where our FAA is getting in the mix. you can do it for free and use it in a commercial setting but you can not be paid directly for your services. direct quote from Farmingdale NY FISDO

My guess is that your friend got a letter from the FAA telling him he had to be "Commercial" to get paid to fly his drone for any reason. What the letter from FSDO meant that he needed a FAA 333 Exemption to allow him to fly his UAV for hire. Once he gets his 333 Exemption he can then fly "commercially" (getting paid) under these guidelines, plus a lot more.

Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in
14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

PAEROS · Feb 3, 2016

SanCap said:
My guess is that your friend got a letter from the FAA telling him he had to be "Commercial" to get paid to fly his drone for any reason. What the letter from FSDO meant that he needed a FAA 333 Exemption to allow him to fly his UAV for hire. Once he gets his 333 Exemption he can then fly "commercially" (getting paid) under these guidelines.

Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver’s license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in
14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

I can confirm that is how it was explained to me by the FAA and a lawyer who is helping me sort through the wording of the documents.

Sent from my iPhone using Tapatalk

Jeremy Kern · Feb 3, 2016

Well I know he has a 333 becouse my brother is his attorney and done my 333 and his so I am positive thats not it. but Im not here to argue just state what happened yall can do what you want.

PAEROS · Feb 3, 2016

Jeremy Kern said:
Well I know he has a 333 becouse my brother is his attorney and done my 333 and his so I am positive thats not it. but Im not here to argue just state what happened yall can do what you want.

I'm not here to argue either but this news isn't good. I feel like their wording is incorrect on the web site then? Are there a ton of people who are about to be fined like crazy? Doesn't make sense.

Sent from my iPhone using Tapatalk

PAEROS · Feb 3, 2016

Oh wait, did you specifically ask for permission to be paid commercially under a private certificate in your 333? If you didn't they may not just grant you automatically, not that you need it since you're ATP, but you see what I mean?

Sent from my iPhone using Tapatalk

licensed pilot · Feb 3, 2016

Jeremy Kern said:
According to our FAA here, you must be commercial. And personaly know of a guy here that got a letter from them stating so. I am trying to get my hands on that letter today.

Well that's interesting. Seems like one FAA office doesn't know what FAA HQ is doing. The local FAA should try and read any 333 exemption and paragraph 13, it's in plain English: Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. I am not arguing with you, just saying the local guys may want to learn how to read...It is not unusual to get different answers from the FAA, I don't bother to ask the local FSDO people anything on UAS, after the first time they told me "we don't know, ask the UAS Integration Office" The topic is too new and the locals can't keep up (and rather deal with stuff they know, manned aircraft).

I suspect anyone here with a 333 knows more about the rules than the local FAA guys.

licensed pilot · Feb 3, 2016

PAEROS said:
Honestly I'm perfectly fine with people thinking they have to have a commercial certificate, less competition!

Sent from my iPhone using Tapatalk

Right, he he

SanCap · Feb 9, 2016

Jeremy Kern said:
According to our FAA here, you must be commercial. And personaly know of a guy here that got a letter from them stating so. I am trying to get my hands on that letter today.

Did you get a copy of the letter?

kcobello · Feb 10, 2016

Jeremy Kern said:
Ill keep working on it, since it did not get sent to me since i am a ATP I am hoping he will let me see it.

You are correct however thats to use it as commercial it does not say taht you may be paid for your services and thats where our FAA is getting in the mix. you can do it for free and use it in a commercial setting but you can not be paid directly for your services. direct quote from Farmingdale NY FISDO

I find this confusing. Not to add to the mix but the way I understand it is anything beyond hanging the aerial photo/video on the wall would be considered commercial. Any GAIN for anyone in the chain of that image would be considered commercial and therefor the imager would have to be 333 and have the pilots license. Be nice to be wrong but......