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However, as with some of its other key limiting pro- general public. Moreover, some of the likely safety protocols—
visions for commercial drone operations, the FAA is mak- including the use of anti-collision lighting, designated drone
ing the VLOS rule subject to waiver on a case-by-case basis. routes, communicating drone use to on-mountain employees,
This waiver process thus becomes critical for ski areas. local ATC notification, and so forth—would be relatively easy
NSAA pushed the FAA to drop the VLOS requirement from to incorporate into mountain operations.
its proposed regulations for use at ski areas, given the moun-
tainous terrain, ridgelines, and trees that may obscure direct
line of sight for drone pilots.

Given the remote location of most ski resorts, waiv-
ers from this VLOS rule should be possible, if not likely.
In articulating the rationale for this requirement, the FAA
stressed that its main concern for mandating VLOS was the
risk of drones colliding with manned aircraft, but for most
ski areas this risk is practically non-existent. And if ski areas
propose using certain technologies such as geo-fencing and
return-to-home capabilities, or propose the “daisy chain”
visual observer option by using several ski patrollers to main-
tain VLOS, the FAA may relax this requirement for resorts
in light of their unique environments and locations.

QARE THERE RESTRICTIONS

FOR THE TIME OF DAY FOR
OPERATING DRONES?
AAbsent a waiver, drones may not be operated at night. Under
the FAA’s commercial regulations, drones may only be oper- QDOES THE FAA MANDATE CERTAIN
ated during daylight, or during twilight, which the FAA
defines as 30 minutes before or after official sunrise and sun- TECHNOLOGICAL FEATURES
set. The FAA’s rationale is that prohibiting the use of drones FOR DRONES?
at night will minimize the risk of collisions with manned air-
craft. If a business wants to use drones during twilight, the ANo, there are no special air-worthiness certificates or
drones will need to be equipped with special anti-collision mandated technological requirements for using drones
lighting to aid in visibility for manned aircraft operations. commercially. In short, a business is not required to have
That said, NSAA pushed the FAA to allow night drone its particular drone pre-approved by the FAA to use it as
flights for ski areas. After all, the use of drones at night, part of its operations. For example, the new regulations
after lifts are closed and sweeps are completed, would create do not impose minimum device or technology baselines
very little risk of injury to the public. Moreover, for effective for commercial drones, such as anti-collision technol-
search-and-rescue applications, drones equipped with infra- ogies, geo-fencing, return-to-home capabilities, and
red and thermal sensors would work best at night, when time transponders.
is of the essence for locating missing or injured persons. However, these technologies become important for busi-
The rule prohibiting drone operations at night may be nesses seeking to obtain waivers from certain restrictions
waived by the FAA on a case-by-case basis. In fact, ski areas in the FAA’s new rules. For example, if a business wants to
should be prime candidates for such a waiver—indeed, the obtain a waiver to use drones at night, special lighting tech-
FAA’s regulations specifically acknowledged that “there nologies would likely be a key part of the waiver application.
could be benefits to allowing certain small UAS operations Likewise, to apply for a waiver to fly drones over people,
at night, such as search and rescue operations.” geo-fencing and other drone technologies—including using
Resorts can easily establish protocols to operate drones a micro-drone weighing less than 4.4 pounds—could help in
at night, particularly with search-and-rescue and marketing the FAA’s approval process.
applications, because the mountain is typically closed to the

20 | NSAA JOURNAL | SUMMER 2016