Digging into this further I found some interesting things... I reviewed the FAR AIM, several granted exemptions including my own, COAs, and the N 8900.227 document (which has an expired cancellation date but the issue has not been address since (to my knowledge) and this could possibly be used as reference in a case).
I would definitely recommend the pilot holding the certificate be the primary flyer... but it is a little grey. Interestingly, nowhere in my exemption or COA does it explicitly state that the pilot must be the PIC, only that the PIC is fully responsible for the flight and must be able to abort the flight and effectively control the UAS in emergency or for evasive maneuvers (see below). The wording seems to support N 8900.227 for the following (which makes sense if you have supplemental pilots for internal & external pilots. Without too much extrapolation I could see a transmitter pilot, app pilot, ground station pilot, etc. all based on talent, experience, and authority. Either way, I will follow up with our lawyers to get their views....
FROM N 8900.227 (7/30/2013 - 7/30/2014)
d. Supplemental Pilots. Supplemental pilots are those pilots assigned UAS flight duty to augment the PIC. It is common for proponents to have both an internal and an external UAS pilot. The supplemental pilot can assume either of these positions.
(1) Ratings. Supplemental pilots must have, at a minimum,
successfully completed private pilot ground school and passed the written test or FAA-recognized equivalents. The ground school written test results are valid for two years from the date of completion, at which time the instruction and written examination must be repeated. If a supplemental pilot assumes the role of PIC, he/she must comply with the PIC rating, currency, medical, and training requirements listed above in subparagraph 15c.
(2) Recent Pilot Experience. The proponent must provide a process that ensures that pilots maintain an appropriate level of recent pilot experience for the position they are assigned in the UAS being operated.
(3) Medical. Supplemental pilots must maintain, at a minimum, a valid FAA second-class medical certificate issued under part 67 or the FAA-recognized equivalent. The second-class medical certificate expires at the end of the last day of the 12th month after the month of the date of the examination shown on the medical certificate, according to § 61.23. Section 91.17 or FAA-recognized equivalent applies to all UAS crewmembers.
(4) Training.
(a) UAS supplemental pilots must have:
- Training in all specific details of the UAS being operated, including normal, abnormal, and emergency procedures;
- Manufacturer-specific training (or FAA-recognized equivalent);
- Demonstrated proficiency and successful testing in the UAS being operated.
(b) Proponents must maintain individual training records for all UAS personnel. All training must be documented by the instructor and initialed by the trainee.
Pilot-In-Command means the person who:
Has final authority and responsibility for the operation and safety of the flight;
Has been designated as pilot in command before or during the flight; and
Holds the appropriate category, class, and type rating, if appropriate for the conduct of the flight.
FROM my CERTIFICATE OF WAIVER OR AUTHORIZATION
STANDARD PROVISIONS
B. Safety of flight
1. The operator OR PIC is responsible for halting or canceling activity in the COA area if, at any time, the safety of persons or property on the ground or in the air is in jeopardy, or if there is a failure to comply the terms or conditions of this authorization
PIC is responsible:
- to remain clear and give way to all manned aviation operations and activities at all times,
- For the safety of persons or property on the surface with respect to the UAS, and
- For compliance with CFR Parts 91.111, 91.113, and 91.115
- PIC is responsible to ensure visual observer(s) are:
- Able to the UA and the surrounding airspace throughout the entire flight, and
- Able to provide the PIC with the UA's flight path, and proximity to all aviation activity and other hazards (e.g., terrain, weather, structures) sufficiently for the PIC to exercise effective control of the UA to prevent the UA from creating a collision hazard
AIR TRAFFIC CONTROL SPECIAL PROVISIONS
D. Emergency / Contingency Procedures
1. Lost Link procedures
- The PIC must abort the flight in the event of unpredicted obstacles or emergencies
FROM my SECTION 333 EXEMPTION GRANT
Conditions and Limitations
5. The UA must be operated within visual line of sight (VLOS) of the PIC at all times. This requires the PIC to be able to use human vision unaided by any device other than corrective lenses, as specified on the PIC's FAA-issued airman medical certificate or U.S. driver's license.
6. The UA must be operated within VLOS of the PIC and VO at all times. The VO may be used to satisfy the VLOS requirement as long as the PIC always maintains VLOS capability. The VO and PIC must b e able to communicate verbally at all times; electronic messaging or texting is not permitted during flight operations. The PIC must be designated before the flight and connot transfer his or her designation for the duration of the flight. The PIC must ensure that the VO can perform the duties required of the VO.
8. [After aircraft modification]... Functional test flighs may only be conducted by a PIC with a VO and must remain at least 500 feet from other people...
10. Prior to each flight, the PIC must conduct a pre-flight inspection and determine the UAS is in a condition for safe flight...
13. Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreation, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate [or private pilot and above] or a valid U.S. driver's license [for sport pilot]. The PIC must also meet the flight review requirements specified in 14 CFP 61.56 [biannual flight review?]in an aircraft in which the PIC is rated on his or her pilot certificate.
14. The operator may not permit any PIC to operate unless the PIC demonstrates the ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption, including evasive and emergency maneuvers and maintaining appropriate distances from persons, vessels, vehicles, and structures. PIC qualification flight hours and currency must be logged in a manner consistent with 14 CFR 61.51(b). Flights for the purposes of training the operator's PICs and VOs (training, proficiency, and experience-building) and determining the PIC's ability to safely operate the UAS in a manner consistent with how the UAS will be operated under this exemption are permitted under the terms of this exemption...
19. The PIC must abort the flight in the event of unpredicted obstacles or emergencies.
20. The PIC is prohibited from beginning a flight unless (considering wind and forecase weather conditions) there is enough available power for the UA to conduct the intended operation and to operate after that for at least five minutes or with the reserve power recommended by the manufacturer if greater.
25. The UAS may not be operated by the PIC from any moving device or vehicle
Like I mentioned before,
I am not advocating the use of a pilot other than a certified FAA sport pilot and above, but thought this was an interesting investigation.
