FAA Could Restrict Commercial Use Of Drones

June 25, 2014
FAA memo says drones can't be used to conduct business

June 25--Companies that hope to deliver goods by drone -- like Amazon -- may be in trouble after a Federal Aviation Administration memo said such devices can't be used to conduct business.

Model aircraft are restricted from flying over populated areas, flying above 400 feet, or flying within 5 miles of airports. A model aircraft weighs 55 pounds or less and, according to the FAA, is flown for hobby or recreational purposes. It must be visible to its operator during flight. The FAA reviewed those restrictions and sought comment.

Citing Miriam-Webster Dictionary, the FAA said a hobby is a "pursuit outside one's regular occupation engaged in especially for relaxation" and recreation is "refreshment of strength and spirits after work; a means of refreshment or diversion."

The agency uses a small table to show which activities are considered "hobby or recreation" and which are "not hobby or recreation."

In the not hobby or recreation column:

-- Receiving money for demonstrating aerobatics with a model aircraft.

-- A real estate agent using a model aircraft to photograph a property that he is trying to sell and using the photos in the property's real estate listing. A person photographing a property or event and selling the photos to someone else.

-- Delivering packages to people for a fee.

-- Determining whether crops need to be watered that are grown as part of a commercial operation.

The package delivery relates to Amazon, which in December outlined its plans for Prime Air, a system that could one day use drones to deliver packages to customers' doorsteps in 30 minutes or less.

A footnote on this said:

"If an individual offers free shipping in association with a purchase or other offer, FAA would construe the shipping to be in furtherance of a business purpose, and thus, the operation would not fall within the statutory requirement of recreation or hobby purpose."

That means that even if Amazon offered free shipping, as it does to Amazon Prime members, it would still be considered a commercial activity.

The item on photographing property could create problems for real estate firms that rely on drones for that carry a camera and capture stills and videos from above.

Julie Balise is a San Francisco Chronicle staff writer. E-mail: [email protected] Twitter: @jkbalise

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