Drone adoption continues to push higher, with more than half of all retailers expected to deploy this technology by 2025, according to the latest Purdue Precision Ag Survey. Farmer use is harder to pin down, but USDA reported that fewer than 10% of corn and soybean acres saw drones flying over them (using admittedly outdated data).
With usage on the rise, some are frustrated that regulations aren’t matching pace, says Zach Dougherty, attorney with 3i Law. But, he adds, you can avoid most scenarios that would get you in trouble by following a few basic guidelines.
In addition to ensuring compliance with the Federal Aviation Administration, the first and foremost rule of thumb is simply having situational awareness, he says.
“We’ve heard horror stories about flying too close to an airport, for example,” he says. “These operators were not likely acting maliciously — they were just clueless. More and more people are getting drones as gifts or for a hobby without thinking about additional steps they need to take.”
The first of these steps is to register their drone with the FAA if the unmanned aircraft system is more than 0.55 pound. Manufacturers typically note this requirement on their packaging.
Secondly, if you’re using it commercially — and as a farmer, you likely are — you need to pass a test to become a certified remote pilot under the agency’s Part 107 rule.
“This certificate demonstrates that you understand the regulations, operating requirements and procedures for safely flying drones,” according to FAA’s website. For spraying operations, the FAA requires operators to obtain an additional certificate under Part 137.
Depending on what your labor setup looks like, some of the eligibility requirements for this license may be relevant because pilots must be:
at least 16 years old
able to read, speak, write and understand English
have the physical and mental condition to safely fly a drone
Drones also must comply with remote identification regulations. Newer models include a built-in transponder that broadcasts location and operator information. Older drones must attach a separate transponder to comply.
“The FAA considers this a digital license plate,” Dougherty says.
Fortunately for farmers, the remote nature of their work means it is a relatively safe environment for drone flight. Dougherty says keeping the drone in your constant line of sight is one of the most critical best-management practices (and is mandated under Part 107).
Also, be aware of any potential privacy, and nuisance or noise concerns based on where you are flying.
Flying in a safe, responsible manner is the ultimate goal, but accidents can (and do) still happen.
“Make sure you have liability insurance, especially for spraying,” Dougherty says. “Also, check into your state and local laws, particularly for spraying operations. Some individual counties and cities also have laws concerning drones. Just do a little background research before you fly.”
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