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Thompson Hine LLP, a full-service business law firm with approximately 400 lawyers in 8 offices, was ranked number 1 in the category “Most innovative North American law firms: New working models” by The Financial Times and was 1 of 7 firms shortlisted for The American Lawyer’s inaugural Legal Services Innovation Award. The firm has been recognized by the National Law Journal as a Legal Technology Trailblazer and featured by Bloomberg for its innovative service delivery models, which drive accuracy and predictability. The firm’s commitment to innovation is embodied in Thompson Hine SmartPaTHTM – a smarter way to work – predictable, efficient and aligned with client goals. For more information, please visit ThompsonHine.com and ThompsonHine.com/SmartPaTH.

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On January 15, the Federal Aviation Administration (FAA) published rules that allow routine commercial operations of small unmanned aircraft (drones) at night, over people and over moving vehicles. For many businesses looking to use drones, these rules provide flexibility to engage in innovative and advanced operations for which a regulatory waiver is required today. The rules become effective March 16, except certain ones pertaining to pilot testing, currency and training, which become effective March 1.

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The new rules allow expanded commercial drone operations over people, which are currently prohibited unless the people are directly participating in the drone operation, located under a covered structure or inside a stationary vehicle.

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The rules establish four risk-based categories of drone operations over people that are not subject to the existing limits on flights over people. Each category has specific drone eligibility requirements and operating restrictions.

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Operations Over Moving Vehicles Containing People

The rules permit Category 1, 2, or 3 operations involving sustained flight over moving vehicles containing people if the vehicles are in a closed- or restricted-access site and the vehicle occupants are on notice that a drone may fly over them. The rules permit Category 4 operations involving sustained flight over moving vehicles containing people if the drone’s operating limitations do not prohibit these operations.

The new rules will allow commercial drone operations at night and during periods of civil twilight if the remote pilot in command has completed an updated knowledge test or updated recurrent training covering night operations and the drone has lighted anti-collision lighting visible for at least three statute miles.

Brent Connor 202.263.4188 <a href="mailto:Brent.Connor@ThompsonHine.com">Brent.Connor@ThompsonHine.com</a>

Jason D. Tutrone 202.263.4143 <a href="mailto:Jason.Tutrone@ThompsonHine.com">Jason.Tutrone@ThompsonHine.com</a>

Kerem Bilge* 202.263.4104 <a href="mailto:Kerem.Bilge@ThompsonHine.com">Kerem.Bilge@ThompsonHine.com</a>

*Not admitted in the District of Columbia; practice is supervised by principals of the firm.

This advisory bulletin may be reproduced, in whole or in part, with the prior permission of Thompson Hine LLP and acknowledgment of its source and copyright. This publication is intended to inform clients about legal matters of current interest. It is not intended as legal advice. Readers should not act upon the information contained in it without professional counsel.

This document may be considered attorney advertising in some jurisdictions.

https://admin.thompsonhine.com/wp-content/uploads/2022/04/Transportation_Update_-_FAA_Allows_Drone_Operations_Over_People_and_at_Night.pdf

FAA Allows Drone Operations Over People and at Night

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