Fly drones over people without a waiver? Here’s one way to do it

Fly drones over people without a waiver? With what’s considered a monumental approval granted by the Federal Aviation Administration (and the right equipment), it’s possible. The most standout piece of equipment you’ll need? A drone parachute.

The FAA approved issued a Category 2 and Category 3 Declaration of Compliance (DOC) for some specific hardware used for a specific scenario (flying drones over people). The hardware at hand? A parachute made by Aerial Vehicle Safety Solutions Inc. (AVSS), a DJI drone and a DJI Dock, which is a drone-in-a-box type solution designed for enterprise applications. And it signals a future where it’s easier to fly drones over people without having to file a bunch of paperwork.

That paperwork is the FAA 107.39 flight over people waiver. It can be complicated for folks with non-legal backgrounds to fill out. Many companies hire lawyers specifically to fill it out. That can often be prohibitively expensive, especially for startups with small teams.

The approval was initiated by AVSS, the Canadian company that’s been working on aerial technology including drone parachutes since 2017. Unsurprisingly, thee manufacture the approved parachute.

Through the new approval, drone operators who use the DJI Dock 2 in tandem with a specific drone parachute made by AVSS can now fly over people without needing to submit an FAA 107.39 flight over people waiver. In addition, that FAA DOC also allows for higher wind limitations for the DJI Dock 2 when operating under certain conditions.

(AVSS)

To be able to legally fly drones over people without FAA approval under this specific ‘Declaration of Compliance,’ you’ll need to following equipment:

What to know about the AVSS parachute

 in the event of a mid-air drone malfunction, advanced drone parachute systems (like those from AVSS) can automatically cut power to the drone. From there, they can deploy a parachute and allow the drone to descend slowly from the sky. In theory, that minimizes harm risk to not just the drone itself, but people or property that the drone could otherwise crash on. 

AVSS makes a range of parachutes designed for popular drones, including the DJI M200, DJI Mavic 3 Enterprise and the DJI M300 RTK. It also works directly with big names in the DJI alternative space, including Skydio for its X10 drone, and Brinc for its Brinc Responder drone. It sells the parachutes to drone manufacturers, as well as through a network of about 50 authorized dealers.

The specific parachute named here, the PRS-M3DT, works with the DJI Dock 2 alongside the DJI M3D or M3TD drones.

How does it work? In short, a special attachment bracket secures the parachute to the drone in a fairly seamless “plug and play” system. An electronic module powers what’s called a “Parachute Pod.” An automatic triggering device in the onboard system can deploy the drone parachute in less than a half a second if needed. 

The whole kit adds just 145 grams (0.32 pounds) to the weight of the drone.

The system also satisfies EASA MOC 2511 (Enhanced Containment) requirements, which is critical for enterprise pilots in the European Union.

What to know about the Category 2 and Category 3 Declaration of Compliance (DOC) system

Unsurprisingly, getting such a DOC was not exactly easy. According to ASTM, getting such approval took years of work. AVSS has had a long relationship with the FAA in testing its parachutes. For example, in 2022, AVSS worked closely with NUAIR, which manages the FAA-designated New York UAS Test Site at Griffiss International Airport in Rome, NY to complete ASTM F3322-18 testing requirements for the DJI M300 RTK drone.  

ASTM doesn’t have anything to do with the FAA specifically, but rather international quality standards. ASTM, which is an international standards organization, develops and publishes voluntary technical standards that companies and makers largely agree to adhere to for all sorts of materials for drones or otherwise (including, yes, drone parachutes). 

Other drone parachutes to have undergone NUAIR testing include the Nexus, designed by Alaska-based company, Indemnis.

After all that, this specific FAA approval to AVSS marks what is now the first Category 2 drone for operations over people. Though, the FAA has given varying types of approvals for certain scenarios to other drone parachute companies. For example, it gave an individual approval to general contractor and construction management company Hensel Phelps to fly over people with a drone carrying the ParaZero’s SafeAir Phantom Parachute System

The purpose of the Category 2 and Category 3 DOCs are to delineate requirements for drone hardware based on the nature of the flight. 

There’s a such thing as Category 1 drone operations. But, it only applies to drones weighing 0.55 grams or less. Studies show that lightweight drones pose a significantly smaller safety risk should they crash. And yes, drone flights (assuming they are Remote ID compliant) that fall under Category 1 operations are allowed to fly over people.

That said, drone flights that fall into Category 2 or 3 otherwise need a separate waiver. (At least, until this new DOC came into the picture). Here’s what those two categories entail:

  • Category 2: Enables sustained flight over open-air gatherings
  • Category 3: Imposes additional safety limitations. Under Category 3, the FAA prohibits drone operations over groups of people. That is, unless they are conducted within or over closed- or restricted-access areas, where individuals are duly notified of potential drone flights. That could include employees on a job site. It also pertains to situations where drones fly over people directly involved in the flight. Or, it includes people who are technically standing under the drone but are also standing under another protective structure (like the drone is flying overhead but you’re under, say, a patio cover).

There’s also a Category 4, which allows drones with an airworthiness certificate under part 21 to operate over people.

What’s next for being able to fly drones over people without a waiver?

For now, the FAA has approved just two DJI drones, working in tandem with the DJI Dock 2. Drone docks are hot these days, offering a landing and charging station for drones. They also provide a safe and convenient location for drones to land and recharge their batteries without needing an operator to manually intervene.

But, the company said it plans to bring more drones to the DOC approval list. That includes the DJI Mavic 3 Enterprise, Skydio X10, and Brinc Responder drones.

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