Unmanned Aircraft Systems (UAS/Drones) Compliance

The use of Unmanned Aircraft Systems (UAS/Drones) by local governments has become commonplace for assistance with law enforcement, fire services, search and rescue, facility inspections and filming special events. While UAS can be of great value due to the various ways they are used, governmental entities should understand the limitations, regulations and laws that must be followed when utilizing UAS.

Legal UAS operation for local governments include these options:

1. Governmental entities can fly under the “Small UAS Rule,” which requires a Remote Pilot Airman Certificate
2. Entities can obtain a Certificate of Waiver or Authorization (COA)
3. Educational use can fall under Recreational Users and requires completion of the TRUST test

Regardless of the option utilized, all UAS must be registered at the FAA website https://faadronezone-access.faa.gov/#/ to receive a tail number. This tail number must be with the operator every time the drone is in use.

The Federal Aviation Administration’s website has devoted a singular section to the rules and regulations that must be followed and can be located at www.faa.gov/uas/ to ensure that your entity is in compliance.

In addition, the State of Tennessee also regulates the governmental use of UAS in law enforcement and municipal usage. These regulations mandate that drones can only be used by law enforcement when there is a search warrant, with exceptions for imminent danger or search and rescue. Municipalities may only use drones to capture information and data. Examples of this usage include surveying catastrophes, fire suppression, oil and gas pipeline safety, and protection and inspection of utility facilities. For complete information on the State of Tennessee’s regulations, see TCA 39-13-609 and TCA 39-13-902, or consult your city attorney.

PEP members who operate UAS can purchase coverage for liability exposure and damage that UAS may sustain. To evaluate what coverage is needed, please supply the following information:

• Verification that you are complying with the applicable FAA rules and regulations
• Proof of Remote Pilot Airman Certificate or your entity’s public Certificate of Waiver or Authorization (COA)
• A copy of your entity’s policy regarding what is appropriate use for UAS
• Total value of the UAS, controllers, batteries and any equipment that attaches to it
• Completed UAS Supplemental Application from Public Entity Partners’ Underwriting Department

All individuals involved in your UAS/Drone program must have documentation of their completion of the Remote Airman Certificate, as well as an internal training program that your entity must conduct.

To assist members with compliance in drone usage, PE Partners has created a summary titled “Municipal Use of Unmanned Aircraft Systems or Drones in Tennessee.” This guideline is available to members through our online portal in the Risk Library (CLICK HERE). If you do not have a username for our website, please CLICK HERE to request.

If you are interested in learning more about drone coverage through PEP, please contact your regional member services representative.