Policy, Operation of Unmanned Aircraft Systems (Drones)

Title:   Operation of Unmanned Aircraft Systems (Drones) Policy
Effective Date:  08/01/2019
Issuing Authority:  Vice President and Chief Financial Officer (Risk Manager)
Contact:  VP/CFO or 507-786-3018
Last Updated: 08/01/2019

Purpose of Policy

The purpose of this policy is to ensure the safe and proper operation of Unmanned Aircraft Systems (UAS), commonly referred to as drones, for the benefit of the St. Olaf community. The conditions outlined here are in addition to Federal or State requirements.

Policy

All UAS operation must be in compliance with FAA and State of Minnesota regulations. In addition, campus operations of a UAS require:

1) Must be conducted for purposes that benefit St. Olaf academics, public relations, communications, formally sanctioned programs or St. Olaf endorsed commercial reasons.

2) Must be conducted by or under the direct supervision of St. Olaf faculty or staff with a current FAA Remote Pilot’s Certificate. The certified faculty or staff must serve as the Pilot in Command as defined by UAS Pilot Certification Standards.  Pilot’s license must be on record with the Risk Manager prior to operating any UAS on campus.

3) Operators must follow the rules and regulations outlined in the UAS Pilot Certification Standards and by State law.

4) May only be conducted using a properly registered drone through the FAA and through the State of Minnesota. FAA UAS Registration

5) St. Olaf owned UAS must be insured through St. Olaf’s VP/CFO Office.

6) Any UAS flight must be preceded by notifying Public Safety with exact times and location and receiving prior approval from Public Safety before commencing any UAS flight.

7) Any UAS flight must have prior written permission from the director of the associated St. Olaf department or location supervisor. For example: flights in St. Olaf’s natural lands must have written permission from the Director of the Natural Lands; flights involving athletic fields would require written permission from the Athletic Director.

8) Must be able to present an up to date Flight Log and Maintenance Schedule.

9) If a contractor or a third party is to use a UAS for purposes associated with a St. Olaf facility or event, the organizing department shall contact the Risk Manager to insure that the UAS owner and operator has adequate liability insurance and take the risk mitigation arrangements deemed appropriate.

Prohibited Use

A UAS will not be used to monitor or record areas where there is a reasonable expectation of privacy in accordance with accepted social norms. These areas include but are not limited to student housing, restrooms, locker rooms, changing or dressing rooms, or health treatment rooms.

Recreational use of UAS is prohibited on St. Olaf property and in airspace over St. Olaf property. 

The College may, in its discretion, suspend any UAS activity deemed as dangerous, or otherwise interfering with, or interrupting the operations of the College. Should a discrepancy between College policy and FAA regulations exist, the more restrictive regulation will govern.

This policy will be reviewed annually by the VP/CFO and St. Olaf’s FAA certified UAS Pilots.

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UAS Usage Agreement for Internal Users

I, __________________________________________ (User), desire to operate an unmanned aircraft system or model aircraft on St. Olaf property.

Specify Date(s) and Areas of Operation:

 ________________________________________________________________________________________

 _______________________________________________________________________________________

 ________________________________________________________________________________________

In consideration for being allowed by St. Olaf College to use an unmanned aircraft system (UAS) or model aircraft, I hereby acknowledge and agree to the following:

Policy Statement

The operation of unmanned aircraft systems (UAS) including drones and model aircraft requires compliance with the Federal Aviation Administration (FAA), relevant state laws, and St. Olaf College established procedures in order to ensure compliance with those legal obligations and to reduce risks to safety, security and privacy.

I hereby acknowledge that I have read, understand and will abide by each of the terms and conditions of this Agreement. I understand that I may seek legal counsel of my own choosing to fully explain any terms of this Agreement to me before I sign it.

___________________________________________________________________________________________________ Signature                                                                                                    Date

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Name (Please Print)                                                                                Address (Please Print)

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Telephone Number                                                                                Email Address

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UAS Usage Agreement for External Users

I, __________________________________________ on behalf of _______________________ (Business) desire to operate an unmanned aircraft system or model aircraft on St. Olaf College property.

Specify Date(s) and Area of Operation:

_________________________________________________________________________________________________

_________________________________________________________________________________________________

_________________________________________________________________________________________________

In consideration for being allowed by St. Olaf to use an unmanned aircraft system (UAS) or model aircraft, I hereby acknowledge and agree to the following:

Policy Statement

The operation of unmanned aircraft systems (UAS) including drones and model aircraft requires compliance with the Federal Aviation Administration (FAA), relevant state laws, and St. Olaf College established procedures in order to ensure compliance with those legal obligations and to reduce risks to safety, security and privacy.

Business must comply with FAA requirements, state law, and any other locally applicable laws or regulations regarding unmanned aircraft systems.

Business will be responsible for obtaining and paying for the license required to operate the UAS at St. Olaf College.

Declarations

  1. Business agrees that prior to operating an unmanned aircraft system (UAS) Business must first: a. Provide a Certificate of Waiver or Authorization (COA) issued by the FAA.
  2. Contact the [Designated Institution Office] for coordination and approval.
  3. In operating a UAS for purposes of recording or transmitting visual images, operators must take all reasonable measures to avoid violations of areas normally considered private
  4. Use of UAS must comply with any other applicable St. Olaf College policies.

Prohibited Uses

UAS shall not be used to monitor or record areas where there is a reasonable expectation of privacy in accordance with accepted social norms. These areas include but are not limited to restrooms, locker rooms, individual residential rooms, changing or dressing rooms, and health treatment rooms.

UAS shall not be used in indoor areas unless permitted by [Designated Institution Office].

Assumption of Risk

Business assumes all of the risks that may or can arise out of operating a UAS on the St. Olaf campus.

Indemnity/Hold Harmless

Business agrees to indemnify, keep, save, and hold St. Olaf College, its Board of Trustees, officers, directors, agents, employees, subcontractors or assignees, harmless for any direct, indirect, special, or consequential damages connected to this activity that may incur as a result of any act or omission by St. Olaf from and against any and all liabilities, damages, losses, claims, expenses, demands, suits, fines, or judgments, including attorneys’ fees, costs, and expenses incidental thereto and to the full extent as allowed by the laws of the State of Minnesota.  In the event of any such injury (including death), loss, damage or claims therefore, Business shall give prompt notice to St. Olaf College.

Release/Waiver

Business hereby releases, waives and discharges St. Olaf College from any and all liability associated with operating an UAS at the College. This waiver and release is intended to include all claims for injuries, accidents, illnesses, or property loss, whether known or unknown or anticipated or unanticipated.

Insurance

Business agrees provide a certificate of insurance with St. Olaf College named as an additional insured providing evidence of adequate insurance in the amount of $1 million for auto and general liability and $1 million for aircraft liability as well as worker’s compensation sent to the attention of VP/CFO St. Olaf College at this time or at least 2 weeks prior to consent. Inherent risks in the operation of such equipment require additional insurance provisions and policy considerations.

Choice of Law

Business hereby agrees that this Agreement shall be construed in accordance with the laws of the State of Minnesota.

Severability

If any term or provision of this Agreement shall be held illegal, unenforceable, or in conflict with any law governing this Agreement, the validity of the remaining portions shall not be affected thereby.

Date: _________________________

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Signature

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Printed Name of Business Contact

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Printed Name of Business

Date _________________________

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Janet Hanson, VP/CFO, St. Olaf College