The use of unmanned aerial vehicles (a.k.a. drones) is on the rise. If you have, or are planning to purchase, a drone for commercial use, the following checklist illustrates the key steps you need to accomplish before taking flight.

1. Identify an operator that has an Airmen’s Certificate.

• 49 U.S.C. §§ 44703, 44711.

• See also http://www.faa.gov/licenses_certificates/airmen_certification/

2. Register on the Federal Aviation Administration (FAA) website and label your drone.

• If your drone weighs more than 0.55 lbs. but less than 55 lbs., register here.

• If your drone weighs less than 0.55 lbs, no registration is required.

• If your drone weighs more than 55 lbs, more stringent authorizations apply.

3. Submit an application for and obtain a Section 333 Exemption.​​

• application is available here.

4. Submit and obtain a Certificate of Authorization (for flying at altitudes above 200 feet).

• Can be submitted concurrently with Section 333 Exemption Application.

5. Investigate your need for drone insurance.

• Typical commercial general liability (CGL) policies exclude coverage.

• Insurance Services Office Inc. (ISO) endorsements available: Coverage A for bodily injury/property damage and Coverage B for personal/advertising injury.

• Stand-alone unmanned aircraft systems (UAS) policy.

6. Create and enforce a drone operating procedure.

• Create a standardized pre-flight checklist.

• Have a flight plan.

  • FAA App: B4UFLY (http://www.faa.gov/uas/b4ufly/)

  • Are you planning to fly within a restricted zone (i.e., airport, public arena)? If so, specific approvals/notices apply.

• Create a standardized post-flight checklist.

  • Preventive maintenance procedures.

  • Storage and cleaning after flights.

  • Battery recharging.

7. Create and enforce internal policies on drone use.

• Personal use of drone by employees.

• Create and use standardized notices to property owners and people encountered during drone flights.

For a discussion of additional consideration specific to the use of drones in the real estate development and construction industries, read more here.