POLICY PURPOSE:

Colorado State University Pueblo and all Aircraft operators must comply with all applicable federal and state laws and FAA regulations. Inherent risks in the operation of Aircraft necessitate proper safety practices, insurance protections, and requisite oversight and authority. This policy will establish the rules and restrictions for operating Aircraft on CSU Pueblo property.

POLICY APPLIES TO (Persons Affected by):

This policy applies to the operation of all Aircraft, including Unmanned Aircraft Systems (UAS), Small Unmanned Aircraft Systems (sUAS, or Drones) and model aircraft on university property, by any person. The policy also applies to the operation of Aircraft on non-university property in support of CSU Pueblo sponsored or sanctioned activities. This policy does not apply to Public Operations of Aircraft (as defined below), such as law enforcement and emergency services (e.g., Flight for Life, police actions).

DEFINITIONS:

Aircraft: Any vehicle, machine or device capable of being introduced into flight, including, but not limited to, fixed wing airplanes, gliders, ultra-lights, helicopters, lighter-than-air ships such as blimps and hot air balloons, Unmanned Aerial Vehicles (UAVs, see definition below), tethered balloons and rockets.

Civil Operations: Any UAS operation that is not a “Public Operation” (as defined below). All UAS operations for commercial purposes, including for university business, teaching and research (with some exceptions noted in this policy), are civil operations.

Drone: A small UAS (sUAS), as defined under 14 C.F.R. Part 107, the FAA Final Rule on Operation and Certification of Small Unmanned Aircraft Systems, the “small UAS Rule”. This rule governs civil/commercial operations of sUAS (those less than 55 lbs., total weight including the Aircraft) by a Remote Pilot in Command or under the direct supervision of a certified Remote Pilot. For purposes of this policy, all sUAS operations at CSU Pueblo are governed by Part 107 unless they are Public Operations as defined below. A few examples of operations that may be conducted under Part 107 include (but are not limited to):

• Flying a Drone over a CSU Pueblo building or construction site to inspect it
• Flying a Drone for a research project, other than aeronautical research or biological or geological resource management
• Flying a Drone in connection with a class assignment
• Flying a Drone as part of CSU marketing activities

Public Operations: A Certificate of Waiver or Authorization from the FAA is required for “Public Operations,” as defined in 49 U.S.C. §§ 40102(a)(41), 40125 (see the FAA’s 2018 Advisory Circular No. 00-1.1B). Examples of public operations include, but are not limited to, law enforcement, aeronautical research, firefighting, and biological or geological resource management. Public Operations do not include operations for which the University earns compensation (for example, under a grant or contract).

Unmanned Aircraft System (UAS): A UAS consists of a UAV and all of the associated support equipment, control station, data links, telemetry, communications and navigation equipment, etc., necessary to operate it. UAS may have a variety of names including Drone, quadcopter, quadrotor, etc. FAA regulations apply to UAS regardless of size or weight.

Unmanned Aerial Vehicle (UAV): An unmanned Aircraft operated without the possibility of direct human intervention from within or on the Aircraft; the part of a UAS that flies.

POLICY:

Aircraft, including Drones, serve as important assets to the success of university programs. In particular, the use of Drones can make significant contributions to research and academic activities of the University in a variety of disciplines. Additionally, aerial photography with Drones can assist in land and facilities management, athletics, law enforcement and other university functions.

However, the operation of any Aircraft, including a Drone, poses safety hazards to persons and property and can result in legal liability; therefore, such uses must be carried out only by those with proper training and authority. Anyone operating (or assisting in operating) an Aircraft that takes off from or lands on University property, or on other property for university-sanctioned activities, wherever situated, must comply with this policy.

All members of the university community are personally responsible for complying with FAA regulations, state and federal laws and this policy with respect to the operation of an Aircraft, whether the use is personal, recreational, or for university business or research.

Any university employee or student wishing to operate a Drone as part of their university employment or as part of a university program must do so as a civil operation under Part 107.

All Aircraft operations, including Drones, must be approved in advance by the Director of Campus Safety and Emergency Management (CSEM) or designee. This includes indoor flights.

Requirements and Restrictions for all Aircraft/Drone Operations on Campus

For all Aircraft/Drone operations on campus: 

1. Authorization to fly will be given after completion of all required insurance documentation and proof of compliance with Part 107 pre-flight requirements (consisting primarily of remote pilot certification after FAA knowledge examination, registering the Drone by the person or persons operating the flight controls, and filing a flight plan).
2. Under some circumstances, a person may be allowed to operate Drone flight controls without FAA remote pilot certification, under the direct supervision of a certified pilot and subject to immediate takeover of flight controls by the certified pilot.
3. Operators must comply with all Part 107 requirements and restrictions, as listed in the FAA’s Summary of Small Unmanned Aircraft Rule (Part 107), except to the extent that a waiver is granted by the FAA for any of these restrictions. Not all restrictions can be waived, but waivers may be requested for:

• Operation from a moving vehicle or aircraft (§ 107.25)
• Daylight operation (§ 107.29)
• Visual line of sight aircraft operation (§ 107.31)
• Visual observer (§ 107.33)
• Operation of multiple small unmanned aircraft systems (§ 107.35)
• Yielding the right of way (§ 107.37(a))
• Operation over people (§ 107.39)
• Operation in certain airspace (§ 107.41)
• Operating limitations for small unmanned aircraft (§ 107.51)

To request an FAA waiver of these requirements, see the FAA DroneZone website.

Any university employee, student, or unit purchasing a Drone (or the parts to assemble a Drone) for use at CSU Pueblo, or acquiring Drone operation services from an outside party with university funds, or funds being disbursed through a university account (including grant funds) must contact the CSU Pueblo Purchasing Department to review the proposed purchase and obtain the appropriate insurance.

Recreational/Hobbyist Use on Campus Prohibited:

Recreational or hobbyist use of any Aircraft on University property, not for a university-sponsored academic, research, or business purpose, is not permitted except for registered student organization use as set forth below.

Registered Student Organizations:

Registered student organizations in good standing may obtain university approval for Drone use on university property by contacting the Director of Campus Safety and Emergency Management. The Drone must be properly registered with the FAA and be labeled with the assigned UAS registration number. Operation of the Drone must comply with the law at all times. Anyone wishing to fly a Drone on CSU property must comply with this policy. The restrictions and requirements for operations as set forth below will apply.

Academic Use of Drones for Courses or Projects:

A Drone may be used in connection with a course or project, where the operator is a student under the supervision of an instructor or coach. In such cases, the use may qualify as hobbyist/recreational use and must comply with applicable FAA regulations for such use. Pursuant to FAA guidance issued May 4, 2016, faculty members may assist students with such uses, provided that:

• No compensation is received by anyone in connection with the flight operation;
• The student primarily retains operational control, the faculty member has all required FAA certifications and permissions to operate the UAS, and the faculty member’s manipulation of the aircraft is incidental and secondary to the student’s (e.g., the faculty member steps in to regain control in the event the student begins to lose control, to terminate the flight, etc.);
• The student is not operating the UAS primarily for the benefit of, or as a substitute for, the faculty member when the faculty member does not have a Certificate of Authorization to operate the UAS; and
• The primary purpose of the course is not UAS flight instruction; it is only one part of the curriculum.

When and Where You Can Fly a Drone on Campus

With approval of the Director of Campus Safety and Emergency Management, you can fly during daylight (after official sunrise and before official sunset), or in twilight (30 minutes before official sunrise to 30 minutes after official sunset, local time) if your Drone has anti-collision lighting. The minimum weather visibility is three miles from your control station. The maximum allowable altitude is 400 feet above the ground, higher if your drone remains within 400 feet of a structure. Maximum speed is 100 mph (87 knots).

Your Drone can carry an external load if it is securely attached and does not adversely affect the flight characteristics or controllability of the UAV.

Restrictions and Requirements for Operation

In operating a Drone for purposes of recording or transmitting visual images, operators must take all reasonable measures to avoid observing or recording in areas normally considered private. Use of a Drone must comply with any other applicable university policies. Use of a Drone for video or electronic surveillance must comply with university policies and procedures for video cameras. All uses of Drones must comply with the following:

1. Do not use a Drone to monitor or record areas where there is a reasonable expectation of privacy in accordance with accepted social norms and state and local laws regarding privacy. These areas include, but are not limited to, the interior of any building or anything seen through a building window unless approved in advance. Flight/photography adjacent to campus residential facilities is only permitted when approved in advance by the Director of Residence Life and Housing.
2. Do not operate or participate in the use of a Drone while under the influence of alcohol or drugs, or in a reckless or careless manner.
3. A Drone shall not be operated directly over persons who are non-participants in the flight operations. Exceptions may be granted by the Director of CESM, when appropriate licenses and waivers from the FAA have been obtained, for:
   1. Educational, research and instructional purposes, with advance approval from the responsible department head;
   2. CSU Pueblo Athletics staff for practices and other activities (not including games), with advance approval of the Athletic Director, and in accordance with NCAA Rule 1-4-11-d prohibiting Drones over the field or team area when squad members are present within the playing enclosure (Drones are not permitted over campus stadiums and athletic fields during live events);
   3. Facilities Management staff for inspection of buildings, rooftops and other areas for operational purposes.
4. Do not fly a Drone beyond line of sight without an FAA waiver. If you use First Person View or similar technology, you must have a visual observer keeping your drone within unaided sight (for example, no binoculars).
5. Always avoid manned Aircraft.
6. You cannot be a pilot or visual observer for more than one Drone at a time.
7. Do not operate your Drone from a moving Aircraft, or from a moving vehicle unless you are flying your Drone over a sparsely populated area and it does not involve the transportation of property for compensation or hire.
8. Operation of a UAS not owned by the University requires approval from the CSEM. All non-university-owned Drone operators must provide liability insurance in the type and amount prescribed by the Purchasing Department, along with proof of FAA certification and any necessary waivers.
9. Requests to operate Aircraft on university property will be reviewed based on the following criteria:
   1. Demonstrated benefit to a specific university program or approved activity.
   2. Justification of need to take off or land on campus as opposed to local aircraft support facilities.
   3. The provided flight plan and assurance the operation will be conducted safely within FAA regulations and CSU Pueblo policies.
   4. Evidence that the operator(s) have all required licenses, permits, waivers and clearances to operate the aircraft as proposed.
   5. Evidence that appropriate insurance coverage is in place, in acceptable types and amounts, proof of which has been provided to the Director of CSEM.
10. Full details of the request to take off from or land on University property must be received from the Director of Campus Safety and Emergency Management not less than five business days prior to the requested takeoff, flight or landing.

Operations Involving Foreign Nationals:

When foreign nationals in the U.S. are involved in any university activity using a Drone, the Office of General Counsel (OGC) will assist in determining legal requirements and verifying that federal export control requirements have been met. Drone operations by CSU Pueblo students and employees for university purposes that are to take place in a foreign country must likewise be vetted and approved, in advance, by OGC.

RESPONSIBILITIES

CSU Pueblo Director of Campus Safety and Emergency Management

• Review all requests to operate an Aircraft on University property and approve those that meet the requirements of this policy.
• Verify registration of Drones or other Aircraft to be operated and certification of the operator under FAA regulations.

CSU Pueblo Purchasing Department

• Review all requests to purchase a Drone or other Aircraft using university funds, or to acquire Aircraft operations services, and approve those that meet the requirements of this policy.
• Determine the insurance requirements for Aircraft not owned by the University to be operated on Campus.

Aircraft Operators/Pilots

• For all Aircraft operations, including Drones, comply with all applicable FAA regulations, which vary by the type of Aircraft and purposes of the operation.
• Obtain and provide proof of insurance meeting the requirements established by the Purchasing Department.
• Operate legally and safely at all times and within the bounds of the approval.
• Immediately report all accidents/incidents involving Aircraft to the Director of Campus Safety and Emergency Management (and, in an emergency, to 911)

RELATED LAWS, POLICIES & PROCEDURES

• 14 C.F.R. Part 107, the FAA Final Rule on Operation and Certification of Small Unmanned Aircraft Systems
• FAA Memorandum, May 4, 2016, Educational Use of Unmanned Aircraft Systems (UAS)
• FAA’s Summary of Small Unmanned Aircraft Rule (Part 107)

APPROVAL:

Approved by: Armando Valdez, President

12/20/2024