It's not quite so big as the headline, but it's still good. Here's the scoop:
The FAA has long had rules for model aircraft, which would include many small "drones", and under which you can personally operate them now. You're supposed to stay low and away from stuff you could damage.
They also (as of fairly recently) have some rules for UAS (unmanned aerial systems) that are more like the rules for real aircraft, and are working on integrating them into real airspace. Thus a UAS requires a certificate and permission to fly--but they're still working on how to do that, so you can't get one yet. If you were to buy your own Predator you couldn't fly it, 'cause it might run into an airliner. Fair enough.
However, they also declared that commercial use of an otherwise-model aircraft turned it into a full UAS, which you currently cannot fly. So you could use a quadrotor to take aerial photos--but you could not get paid for it.
This ruling, in a nice display of common sense, disposes of this last bit, making operation of "model aircraft" the same regardless of intent. You still have to fly safely, and in limited space, but now you can get paid for quadrotor photography, as the FAA no longer has a basis to fine you. You still cannot fly that Predator, though. Sorry.
But I'd be careful before making too much investment based on this decision. At the very least, check into how the appeals process on a ruling like this works; dunno how final it is. You'll also want to check carefully to make sure your intended use can be performed safely by model aircraft; fully unmanned systems probably aren't going to pass muster (unless perhaps your automated avoidance system is really good).
I know of several engineering companies who took aerial photos with R/C airplanes. Ranging from project sites, to land surveying, to real estate, etc. Does this ruling stop them from doing what they have been doing since the 1990s?
The authorization for model aircraft flight (at least in modern FAA theory--the document itself seems to be a notice to improve safety of a clearly extant and legal activity) is AC 91-57 (http://www.faa.gov/documentLibrary/media/Advisory_Circular/9...). It doesn't make a clear definition. It was written in 1981, so it may assume small, radio controlled, line of sight, limited capabilities, flown as a hobby, and perhaps imitating "real" aircraft; this is what model aircraft were then. However, it doesn't define anything in particular.
In Federal Register Notice 14 CFR Part 91 (http://www.faa.gov/about/initiatives/uas/reg/media/frnotice_...), they attempt some clarification, adding a line about "expecting line of sight" control, and leaning heavily on the "hobby" part as a clear distinction. This ruling kinda makes a hash of that, leaving undefined physical characteristics.
So in general it's fairly unclear. Another result of technology moving well faster than the speed of government. The FAA notes at the end of the CFR that it may in the future issue an authorization for unmanned vehicle "operations which do not qualify as sport and recreation, but also may not require a certificate of airworthiness". They may be encouraged to do this faster now.
(The fact that the clarification is in a policy notice is a major part of the ruling discussed here. Judge didn't think that was a good enough basis for the fine.)
"There are already hobbyists that operate "drones" by any reasonable definition. The term in the hobby is "FPV" (First Person View) - you install a camera and a transmitter on your aircraft and pilot it from a first-person perspective using a monitor on the ground. The radios on these operate by line-of-sight, but the range is far beyond visual range. You can find plenty of videos on Youtube just searching for "fpv radio control" or variations thereof. Operation of these for recreational purposes is currently unrestricted in the US. This may also change."
Very much possible. Ardupilot is one of the more full-featured open source packages, but there are simpler autopilots out there as well. It's pretty common practice to at the very least have a GPS based "return to launch" system on long-range FPV craft as a failsafe for the connection to the ground station being dropped.
A friend and I are working on this verbatim! Building an iOS interface for controlling the drone in-flight and planning missions, and a little "black box" that will connect to the autopilot computer and send telem data over LTE. We'll post on DIYDrones and FPVLab once it's ready for testers.
It seems like you still have to have a chase plane[1], and the difference seems to be requiring approval for UAS as a whole system to use for commercial purposes[2]. Note in that second link that there is no size restriction for model airplanes, which I found interesting ("FAA guidance does not address size of the model aircraft.").
Here n Australia, our equivalent of the FAA (CASA) specifically defines "model aircraft" as being over 100grams, with anything lighter than that being classified as a "toy".
It's quite practical these days to build a sub-100g radio controlled plane with a video camera and transmitter on board. This is just using art-store foam and inexpensive ordered-direct-from-china electronics. Fying a "broadcast quality" camera as under 100g is out of my level of expertise, but 720p video is quite easy and inexpensive these days at that scale...
The FAA usual procedure is "prove to us that it's safe". You can point to other certified craft using the same or similar technologies or systems, and say "it works there, so we'll be okay". This is what most of the aircraft manufacturers do. For novel systems you have to demonstrate for them that it will work as intended and safely. How you do that is negotiated with them. Plenty of time on flight tests is likely required. (Though the rocket guys mostly do this by showing that when it does fail, it can't possibly hit anything interesting, due to flight path and abort limits.)
FAA generally won't force you to do it a specific way. Which is both good and bad from a development standpoint. You might take a look "at Airworthiness Certification of Unmanned Aircraft Systems and
Optionally Piloted Aircraft":
The FAA has long had rules for model aircraft, which would include many small "drones", and under which you can personally operate them now. You're supposed to stay low and away from stuff you could damage.
They also (as of fairly recently) have some rules for UAS (unmanned aerial systems) that are more like the rules for real aircraft, and are working on integrating them into real airspace. Thus a UAS requires a certificate and permission to fly--but they're still working on how to do that, so you can't get one yet. If you were to buy your own Predator you couldn't fly it, 'cause it might run into an airliner. Fair enough.
However, they also declared that commercial use of an otherwise-model aircraft turned it into a full UAS, which you currently cannot fly. So you could use a quadrotor to take aerial photos--but you could not get paid for it.
This ruling, in a nice display of common sense, disposes of this last bit, making operation of "model aircraft" the same regardless of intent. You still have to fly safely, and in limited space, but now you can get paid for quadrotor photography, as the FAA no longer has a basis to fine you. You still cannot fly that Predator, though. Sorry.
But I'd be careful before making too much investment based on this decision. At the very least, check into how the appeals process on a ruling like this works; dunno how final it is. You'll also want to check carefully to make sure your intended use can be performed safely by model aircraft; fully unmanned systems probably aren't going to pass muster (unless perhaps your automated avoidance system is really good).