UTDPP1128
Unmanned Aircraft Systems Policy

Policy Statement

It is the policy of The University of Texas at Dallas ("UTD") to provide a safe educational, living, and working environment for its students, employees, affiliates and visitors. UTD recognizes the use of Unmanned Aerial Vehicles ("UAV") on university property may threaten the privacy and safety of the campus community, disturb the educational goals of UTD, and/or interfere with UTD community's reasonable use and enjoyment of the air above its property. UTD prohibits the use of UAV on University property and off campus when conducting university-sponsored activities, except as required by law or pursuant to the authorization process provided by this policy. Any approved use of UAV on university property or off campus must be in compliance with the Federal Aviation Administration (FAA) regulations for such use.

Purpose

The University of Texas at Dallas (UTD) is a Carnegie classified R-1 Doctoral Research University; as such, UTD values the teaching and research opportunities and experiences associated with the development and operation of Unmanned Aircraft Systems (UAS). UTD is also committed to providing a safe educational, living, and working environment for its students, employees, affiliates and visitors. Therefore, UTD allows the operation of UAS on UTD property (or Non-University Property by UTD employees acting in the course and scope of their employment) in accordance with this Policy.

Definitions

Airspace: The air extending above, around and/or away from the surface of the ground, building, tree, or any other structure or physically tangible item.

Educational or Research Purposes:

  • Instruction of students at UTD
  • Academic or research related uses of UAS that have been approved by UTD
  • Activities undertaken by UTD as part of research projects
  • Other academic activities approved by UTD

Operator: Any individual operating a UAS, whether alone or in cooperation with another or other individual(s).

Recreational Operations: Operating a UAS solely for one's own personal enjoyment. This definition excludes taking imagery to share with others regardless of whether the operator is compensated.

Safe Fly Zone: UTD's designated airspaces where UTD students and employees flying UAS weighing less than 55 pounds for recreational purposes and in compliance with all Applicable Laws.

Small Unmanned Aircraft System (Small UAS): A Small UAV and its associated elements (including communication links and the components that control the Small UAV) that are required for the safe and efficient operation of the Small UAV.

Small Unmanned Aircraft Vehicle (Small UAV): An unmanned aircraft weighing less than 55 pounds on takeoff, including everything that is on board or otherwise attached to the aircraft.

UAS Review Board: Board made up of representatives from across the University, responsible for reviewing and approving Applications.

University Property: all real property owned by the University, including the air above the property necessary for the reasonable use and enjoyment of the land.

Unmanned Aircraft System (UAS): A UAV together with all of the associated support equipment, control station, data links, telemetry, communications and navigation equipment, etc., necessary to operate the UAV, including drones and model aircraft.

Unmanned Aircraft Vehicle (UAV): An aircraft operated without the possibility of direct human intervention from within or on the aircraft, operated remotely and often carrying audio and video recording equipment. This includes, but is not limited to quadcopters, remote controlled planes and other devices commonly referred to as "drones."

Requirements

  1. Insurance Requirements: The insurance requirements associated with use of UAV on UTD property and off-campus will be determined by University Risk Management, in consultation with UT System Risk Management.
  2. Registration Requirements: All University owned or acquired UAV must be properly registered in accordance with FAA requirements.

Scope

This Policy applies to students, employees, visitors, the public, contractors and anyone else who seeks to operate a UAS for any purpose on UTD owned or- controlled property (University Property) or use by a UTD employee acting in the course and scope of employment on Non-University Property. This Policy applies to UAS operations whether it occurs in the Airspace or inside of a building or structure. This Policy applies whether the purpose of operation is for recreation, hobby, education, research, commerce, or any other reason including but not limited to those related to filming, video or photography. However, this Policy does not apply to law enforcement related UAS operations, which must be coordinated through the UTD Police Department.

This Policy applies to all UAS regardless of size, weight, or which federal or state laws govern operation, including Small UAS weighing less than 55 pounds (including those weighing less than 0.55 pounds) and UAS weighing greater than 55 pounds.

Applications and Approvals by UTD

The following categories of flyers are subject to UTD’s Application and Approval process as outlined in this section:

  1. Non-UTD Employees or Students;
  2. UTD Employees or Students Flying UAS Weighing 55 Pounds or more;
  3. UTD Employees Flying Non-UTD owned UAS; and
  4. Flying Outside of Safe Fly Zones (see map at end of this document).

Any operator in one of the above four categories desiring to operate a UAS on University Property must apply for UAS Operation (Application) to the University of Texas-Office of Institutional Risk & Safety Programs (OIRSP) for review and approval 10 business days prior the requested date of flight. Applications should be submitted in accordance with the Use of Unmanned Aircraft Systems Application and Approval Procedure.

The criteria for approval of the applications will include verification that the applicant/operator is a FAA licensed UAS remote pilot and an assessment of the risk to the health and safety of persons on university property, risk to University property, distraction from the educational mission of the University, business, educational or research value to the University, compliance with UT-Dallas insurance requirements, and compliance with all federal, state, and local laws and regulations.

Additionally, and with respect to the category of UTD Employees Flying Non-UTD owned UAS, when conducting educational or research activities in the scope of one’s employment with UTD, UTD employees should only operate UTD-owned or leased/contracted UAS. Employees operating non- UTD-owned or leased/contracted UAS are presumed to be acting outside the course and scope of their employment, unless they are granted pre- approval by the OIRSP.

If an application is denied, the applicant can file an appeal. The appeal will be reviewed by the UTD UAS Review Board, which is made up of representatives from the President’s Office, University Police Department, Dean of Students Office, and Office of Institutional Risk & Safety Programs.

Exceptions from Application and Approval by UTD

  1. UTD Employees or Students Flying for Recreation
    This Section applies to UAS weighing less than 55 pounds only. UTD employees or students flying solely for recreation do not have to seek prior approval from UTD if they are operating in full compliance with all Applicable Laws and operate only in UTD’s designated Safe Fly Zone in accordance with this Policy. This Section includes the operation of UAS checked out from the UTD Library when that use falls under Recreational Operation as defined herein.
  2. UTD Employees or Students Flying for Educational or Research Purposes
    This Section applies to UAS weighing less than 55 pounds only. UTD employees or students flying for Educational or Research Purposes do not have to seek prior approval from UTD if they are operating in full compliance with all Applicable Laws and operate only in UTD’s designated Safe Fly Zone in accordance with this Policy.

Safe Fly Zone

Part of UTD’s Airspace is classified by the FAA as “Class D Airspace” due to its proximity to Addison Airfield (KADS). This controlled Airspace is Low Altitude Authorization and Notification Capability (LAANC) compatible. Anyone desiring to fly in Class D Controlled Airspace over University Property must receive prior authorization from the FAA and provide evidence of approval through the LAANC system.

To assist our campus community with lawful UAS operation, UTD has identified and designated certain airspace as a Safe Fly Zone for UAS weighing less than 55 pounds that are being operated in compliance with all Applicable Laws. UTD reserves the right at all times to request any flyer to stop flying and leave the Safe Fly Zone at any time if the flying interfered with a UTD activity and/or purpose. The map indicating the Safe Fly Zone can be found at the end of this policy.

Compliance with Laws, Rules, Regulations, Policies and Procedures

Operators are responsible for knowing what laws, rules, regulations, policies and procedures, federal, state and/or municipal (Applicable Laws) apply to their operation of UAS under this Policy. Operators must comply with all Applicable Laws regarding their operation of UAS under this Policy, including but not necessarily limited to Tex. Govt. Code Ch. 423 Use of Unmanned Aircraft; Tex. Trans. Code Ch. 24 Operation of Aircraft; 49 U.S.C. Ch. 448 Unmanned Aircraft Systems; 14 C.F.R part 107; the FAA Modernization and Reform Act of 2012 (“2012 Act”); the FAA Reauthorization Act of 2018 (“2018 Act”); the Federal Aviation Administration’s (“FAA’s”) UAS rules and regulations; and UTD and UT System’s applicable policies and procedures, including but not limited to policies related to campus security and access.

In addition to abiding by all Applicable Laws, UAS operators on University Property must comply with the following:

  1. No Operator may fly a UAS over another human being unless that human being is adequately protected by a shelter capable of providing reasonable protection from the UAV should it fall.
  2. No Operator may fly a UAS inside of any UTD owned or controlled building without prior approval.
  3. No Operator may fly a UAS from a vehicle, moving or stationary.
  4. No Operator may fly a UAS over moving vehicles, streets or roadways or parking lots.
  5. No Operator may fly a UAS so close to another UAS that it creates a collision hazard or in any negligent or reckless manner.
  6. No Operator may fly a UAS at night unless drone has anti-collision lighting that is visible for three (3) statute miles and that flashes at a rate sufficient to avoid a collision and the Operator has met the remote pilot qualifications to operate a small UAS at night.
  7. Operator(s) must keep drone within their visual line of sight or the visual line of sight of a Visual Observer.
  8. No Operator will interfere with emergency response activities.
  9. No Operator may fly a UAS in a manner that captures an unlawful image of another person or another person’s private property (refer to Tex. Govt. Code Ch. 423.)
  10. Operator(s) must maintain operational security for takeoff, flight, and landing.
  11. During any public safety event the operator(s) are required to coordinate with the UTD Police Department.

The University may, at its discretion, suspend any UAS activity deemed as dangerous, interfering with, or interrupting the operations of the University. UAS operation in violation of Applicable Laws and/or this Policy will be subject to any future Applications being denied at the sole discretion of UTD’s Chief of Police or designee.

FAA Interim Guidance on Recreational, Education and Research Purposes

On October 5, 2018, the FAA Reauthorization Act of 2018 (Act) was passed. This is important for flyers because:

  1. Section 349 of the Act (exception for limited recreational operations of unmanned aircraft) repealed the 2012 Special Rule for Model Aircraft regarding hobby or recreational use. Section 349 requires: to operate a drone for recreational purposes in the US, you must pass the FAA’s Recreational UAS Safety Test (TRUST) and have a copy of the completion certificate while flying.
  2. Section 350 designates Educational and Research Purposes as recreational purposes under the recreation exception of 49 U.S.C.§ 44809, ultimately providing a simpler means of UAS operation for UTD faculty and researchers operating UAS in their teaching or research employment capacity.

Responsibility for Damage and/or Violation of Policy

Operators will be held responsible for any damage resulting from their use of UAS due to their own negligence, recklessness, or willful or intentional misconduct, and for any activity considered to be illegal or in violation of UT System or UTD policy. UTD employees in violation of this Policy are subject to disciplinary action up to and including termination. UTD students who violate this Policy are subject to disciplinary action up to and including expulsion. Non-UTD employees or students in violation of this Policy will be considered trespassers and will be subject to any available actions including removal from the campus, arrest, and prosecution.

Safe Fly Zone Map

The current safe fly zone map is available here.

FAA Modernization and Reform Act of 2012, P.L. 112-095
FAA Reauthorization Act of 2018, P.L. 115-254
FAA UAS Rules and Regulations
Operation of Aircraft, Title 3, Chapter 24 Texas Transportation Code (Tex. Trans. Code Ch. 24)
Small Unmanned Aircraft Systems, Title 14 part 107, Code of Federal Regulations (14 CFR part 107)
Special Rule for Model Aircraft, Title 14, part 101 Subpart E, Code of Federal Regulations (14 CFR part 101)
Unmanned Aircraft Systems, Title 49, Chapter 448 United States Code (49 U.S.C. Ch. 448)
Use of Unmanned Aircraft, Title 4, Chapter 423 Texas Government Code (Tex. Govt. Code Ch. 423)
UT System Rules and Regulations of the Board of Regents Rule 80107 - Filming Motion Pictures or Television Productions