Drone (UAS) and Model Aircraft Policy

The operation of UAS requires compliance with the Federal Aviation Administration (FAA), relevant Pennsylvania laws, and guidelines and procedures established by York College to ensure compliance with those legal obligations and to reduce risks to safety, security, and privacy. UAS may be flown for commercial, Hobby or Recreational Use, or educational purposes, as applicable, provided flights strictly follow current FAA guidance for each purpose. This Policy provides a framework for York College on the acceptable uses of UAS on behalf of the College and a process for those seeking to operate a UAS on College Property.

Airspace

“Airspace” means the air available to UAS to fly in. Please see the FAA regulations and policy for more information and airspace classifications: www.faa.gov/uas.

Certificate of Authorization or Waiver

“Certificate of Authorization or Waiver” means a Certificate of Authorization or Waiver. (According to the FAA, the COA is an authorization issued by the Air Traffic Organization to a public operator for a specific activity. After a complete application is submitted, FAA conducts a comprehensive operational and technical review.)

College Directed Flights

“College Directed Flights” means a UAS flight for educational, research, or commercial/business activities by a College faculty, staff, student, or contractor.

College (or York College)

“College” or “York College” means York College of Pennsylvania.

College Property

“College Property” means buildings, grounds, and land owned by York College or controlled by York College through leases or other formal contractual agreements to house ongoing York College operations.

Flight Approval Form

“Flight Approval Form” means the Flight Approval Form as required by the Department of Campus Safety from time to time under this Policy, which includes the collection of the following information of the UAS operator: (a) the date and time of the applied for flight on College Property; (b) the requested location of take-off and landing, (c) the expected flight area and purpose of the flight, (d) the model of UAS/Model Aircraft that will be flown, (e) proof of FAA registration, if applicable, and (f) copy of TRUST certificate or pilot certification depending upon whether the use of the UAS is for recreational or commercial use. 

Hobby or Recreational Use

“Hobby or Recreational Use” means the act of flying a UAS for fun or amusement, as defined by the FAA in 49 U.S.C. 44809.

Limited Exception

“Limited Exception” means the limited statutory exception to Part 107 for those who fly for recreational, educational, or research purposes. The Exception for Limited Operation of Unmanned Aircraft, found in 49 U.S.C. 44809, defines how, when, and where individuals may fly a UAS for recreational, educational, or research purposes.

Model Aircraft

“Model Aircraft” means model aircraft, which are synonymous with UAS and have the same operating requirements.

Policy

“Policy” means this “York College Drone (UAS) and Model Aircraft Policy,” as such policy may be in effect from time to time.

Private College Spaces

“Private College Spaces” means locations or areas on College Property where individuals have a reasonable expectation of privacy, for example, dormitories, locker rooms, and bathrooms.

Sensitive Institutional Information

“Sensitive Institutional Information” means College information or data that is not generally available to the public or that is: proprietary to the College; covered by a confidentiality agreement or terms, covered by privacy laws or regulations, or subject to other access restrictions.

Unmanned Aircraft (or UA)

“Unmanned Aircraft” or “UA” The flying portion of a UAS, flown by an operator via a ground control system, or autonomously through use of an on-board computer, communication links, and any additional equipment that is necessary for the UA to operate safely. York College recognizes that the term “unmanned” is not gender inclusive but has adopted the term for clarity and in alignment with federal regulations.

Unmanned Aircraft System (or UAS)

“Unmanned Aircraft System” or “UAS” is an Unmanned Aircraft and all of the associated support equipment, control station, data links, telemetry, communications, and navigation equipment, etc., necessary to operate the unmanned aircraft. York College recognizes that the term “unmanned” is not gender inclusive but has adopted the term for clarity and in alignment with federal regulations.

UAS are regulated by the FAA. The Federal rule for operating UAS under 55 pounds in the National Airspace System (NAS) is 14 CFR Part 107, referred to as the Small UAS Rule. Part 107 provides the default regulations for all UAS under 55 pounds. UAS pilots who fly under Part 107 are required to become an FAA-certified UAS pilot by passing a knowledge test. In addition, all UAS must be registered with the FAA. Flights involving UAS weighing more than 55 pounds require an exemption under the Special Authority for Certain Unmanned Systems found in 49 U.S.C. 44807. 

The Limited Exception (found in 49 U.S.C. 44809) defines how, when, and where individuals may fly UAS  for recreational, educational, or research purposes. Due to the popularity of recreational UAS flights, the FAA updates its recreational flight guidance on a regular basis. Furthermore, the regulations, including these exceptions are subject to change. Therefore, it is recommended that you consult with these guidelines and regulations prior to each UAS flight. All members of the York College community are personally responsible for complying with FAA regulations, Pennsylvania and federal laws, and College policies.

Flights of UAS on a College Property are subject to the requirements as outlined below based on the type of flight or type of UAS (i.e., Model Aircraft) and conditioned upon application to, and approval by, the Department of Campus Safety of a fully completed Flight Approval Form not less than three (3) days prior to the flight.

The Department of Campus Safety will review the submitted Flight Approval Form to ensure all requirements are met and there are no conflicting activities occurring on the College Property that would be negatively impacted the UAS flight. The Department of Campus Safety will endeavor to respond back to the applicant with approval or denial prior to the date of the applied flight. 

In addition to the regulatory requirements articulated above, the College will not permit the following uses of UAS on College Property, unless an exception is granted as noted below:

• UAS may not be operated inside any College owned or leased building. Exceptions must be requested through the Department of Campus Safety. The Department of Campus Safety will decide on exception requests.
• UAS may not be used to monitor or record areas on Private College Spaces or otherwise where there is a reasonable expectation of privacy of those individuals occupying or using an outdoor or indoor space, including College Property. These types of Private College Spaces would include, but are not limited to, offices, restrooms, locker rooms, individual residential rooms, dressing rooms, campus camp facilities, daycare facilities, and health treatment rooms. 
• UAS may not be used to monitor or record Sensitive Institutional Information or personally identifiable information, which may be found, for example, on an individual’s workspaces, computer or other electronic displays.
• For operating a UAS for purposes of recording or transmitting visual images, operators must take all reasonable measures to avoid violations of areas normally considered privacy, including Private College Spaces. The use of UAS must comply with any other applicable York College policies.
• York College has designated external buildings and grounds for institution-approved and FAA permitted uses of UAS. Prior College approval is required to use this area. While operating a UAS in this area, please follow all FAA rules and guidelines as well as all established College guidelines for safe operation. If the operation of your UAS is deemed unsafe or used outside of the scope for which approval was initially granted, all privileges will be revoked and subject to further College sanctions. Utilization of other campus areas outside of those designated by York College for UAS operation is strictly prohibited.

Flights must also consider the following additional requirements dependent on the type of flight and/or model of UAS:

Commercial/Business UAS Flights (including contracted flights)

Commercial UAS flights are those that are done for non-recreational purposes, and include College Directed Flights done for promotional, athletic, or other business operations. These flights must follow Part 107 guidelines, directed by an FAA certified UAS pilot, and utilize a UAS weighing less than 55 pounds, or with a 44807 exemption for operation greater than 55 pounds, that is registered with the FAA. Furthermore, College departments desiring to engage the services of a commercial UAS operator or service provider must ensure the contract and scope of work comply with the law and any requirements included in this Policy. In addition, contracts for UAS-related services must include specific contract terms to include additional representations, warranties, and insurance terms and provide proof of adequate insurance in the amount of $1,000,000 per occurrence and name York College as an additional insured. College departments must coordinate with the Department of Campus Safety before entering into these agreements. 

Educational and Research Flights

Educational and research UAS flights are those operated by an accredited institution of higher education as a component of the institution’s curricula or research. While York College encourages all UAS flyers to follow Part 107, it recognizes that the Limited Exception is a viable option for educational or research flights. While not required, College faculty are encouraged to register classes that will involve UAS flights with the Department of Campus Safety, with as much notice as possible prior to the beginning of the class. Those planning educational and research flights are strongly advised to read and apply current FAA guidance on recreational flights prior to flight. Any College employee or student wishing to operate a UAS as part of their employment or program must first: operate under the 2021 revision of FAA rules (Part 107) or obtain a Certificate of Authorization or Waiver.

Recreational Flights

Recreational flights are those done for purely recreational purposes. These flights may occur under either Part 107 or the Limited Exception. While the College encourages all recreational flyers to follow Part 107, it recognizes that the Limited Exception is a viable option, and one that carries fewer requirements. Recreational flyers are strongly advised to read and apply current FAA guidance on recreational flights prior to flight and may be required to provide proof of adequate insurance in the amount of $1,000,000 per occurrence and name York College as an additional insured.

Model Aircraft 

Model Aircraft must be kept within the visual line of sight of the operator and should weigh under 55 pounds unless certified by an aeromodelling community-based organization. Model Aircraft must be flown a sufficient distance from populated areas.

The Department of Campus Safety has the right to enforce this Policy and may intervene or interrupt any unsafe, unlawful, or noncompliant UAS operation within its jurisdiction or at the direction of any other law enforcement authority, whether or not previously approved by the Department of Campus Safety. UAS pilots must comply with all FAA regulations, federal and state laws, and the Department of Campus Safety.

Any violation of this Policy or any York College policy by an individual will be dealt with in accordance with applicable College policies and procedures, which may include disciplinary actions up to and including termination from the College.

Legal prohibitions regarding physical presence on campus/trespassing or criminal charges may be pursued against third parties that operate UAS in violation of this Policy or applicable law. Fines or damages incurred by individuals or entities that do not comply with this Policy will not be paid by York College and will be the responsibility of those persons involved.

For specific questions related to this Policy, please contact The Department of Campus Safety by calling 717-815-1403.