Height limit

[FLYBOYJ]

This guy flew into Class B airspace

http://www.devoredesign.com/2015/10/06/licensed-drone-operator-fined-1-9m-for-airspace-violations/

The FAA alleges that the company conducted 65 unauthorized commercial UAS flights over various locations in New York City and Chicago between March 21, 2012 and Dec. 15, 2014. The flights involved aerial photography. Of those, 43 flew in the highly restricted New York Class B airspace.

“Flying unmanned aircraft in violation of the Federal Aviation Regulations is illegal and can be dangerous,” said FAA Administrator Michael Huerta. “We have the safest airspace in the world, and everyone who uses it must understand and observe our comprehensive set of rules and regulations.”

SkyPan operated the 43 flights in the New York Class B airspace without receiving an air traffic control clearance to access it, the FAA alleges. Additionally, the agency alleges the aircraft was not equipped with a two-way radio, transponder, and altitude-reporting equipment.

For the OP - here's a guide that explains the NAS:

And yes, this applies to your drone.

More info:

http://pilotworkshop.com/tips1/images/faa-h-8083-National-Airspace-System.pdf

 

[pftarch]

I'm going to wade into REAL troubled waters here.......

But, before I do, I will note that notwithstanding the non-bonding, non-lawyer, un-informed opinion that I give below, which should NEVER be used as a defense at any time or in any way, I am keeping my drone below 400' in spite of the fact that as I understand it a hobbyist could fly higher. (The SkyPan operation was clearly a commercial endeavor, and, even if it weren't, would still have violated the hobbyist codes of conduct that I am about to cite.) I simply don't want to chance being wrong, and, more importantly, I REALLY, REALLY, REALLY want to stay the h*** away from ANY manned aircraft.

"SEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT, (2) the aircraft is operated in accordance with a community- based set of safety guidelines and within the programming of a nationwide community-based organization;"

The above is just a snippet of 336, and there are other requirements, however, I could not find a height restriction in it.

I did find two "community-based set of safety guidelines" as follows:

DRONE USER GROUP, Item #5.
"Maximum Altitude
Keep your drone below 400 feet above-ground-level (AGL) or below 400 feet above the top of a structure that you are flying over. In locations with sparse manned air traffic, and when visibility is excellent, you may exceed 400 feet AGL with the assistance of a spotter who continually scans the airspace in all directions to report to you any approaching air traffic."

ACADEMY OF MODEL AERONAUTICS, Item #2 (c)
"Not fly higher than approximately 400 feet above ground level within three (3) miles of an airport without notifying the airport operator."

Both of the above indicate that it is within their safety codes to fly higher than 400 feet AGL. There is MUCH more to those safety guidelines, and I'm not weighing in on whether you have to actually have to be a member of those groups to use their guidelines, but, it does appear that in very specific instances you should be able to fly over 400 feet AGL as a hobbyist and without an FAA airspace waiver/authorization.

Although the above appears to allow higher flight, I'm not recommending it, and I'm still staying below 400 feet AGL and calling airports within 5, not 3, miles of any hobby flight that I do. I have no desire to be wrong and pay a fine, lose my 107 license, or most importantly, INTERFERE WITH MANNED FLIGHT IN ANY WAY. It's not worth it to me as much as I would love to see the view from 500 meters with my Mavic.

 

[FLYBOYJ]

I'm going to wade into REAL troubled waters here.......

But, before I do, I will note that notwithstanding the non-bonding, non-lawyer, un-informed opinion that I give below, which should NEVER be used as a defense at any time or in any way, I am keeping my drone below 400' in spite of the fact that as I understand it a hobbyist could fly higher. (The SkyPan operation was clearly a commercial endeavor, and, even if it weren't, would still have violated the hobbyist codes of conduct that I am about to cite.) I simply don't want to chance being wrong, and, more importantly, I REALLY, REALLY, REALLY want to stay the h*** away from ANY manned aircraft.

"SEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT, (2) the aircraft is operated in accordance with a community- based set of safety guidelines and within the programming of a nationwide community-based organization;"

The above is just a snippet of 336, and there are other requirements, however, I could not find a height restriction in it.

I did find two "community-based set of safety guidelines" as follows:

DRONE USER GROUP, Item #5.
"Maximum Altitude
Keep your drone below 400 feet above-ground-level (AGL) or below 400 feet above the top of a structure that you are flying over. In locations with sparse manned air traffic, and when visibility is excellent, you may exceed 400 feet AGL with the assistance of a spotter who continually scans the airspace in all directions to report to you any approaching air traffic."

ACADEMY OF MODEL AERONAUTICS, Item #2 (c)
"Not fly higher than approximately 400 feet above ground level within three (3) miles of an airport without notifying the airport operator."

Both of the above indicate that it is within their safety codes to fly higher than 400 feet AGL. There is MUCH more to those safety guidelines, and I'm not weighing in on whether you have to actually have to be a member of those groups to use their guidelines, but, it does appear that in very specific instances you should be able to fly over 400 feet AGL as a hobbyist and without an FAA airspace waiver/authorization.

Although the above appears to allow higher flight, I'm not recommending it, and I'm still staying below 400 feet AGL and calling airports within 5, not 3, miles of any hobby flight that I do. I have no desire to be wrong and pay a fine, lose my 107 license, or most importantly, INTERFERE WITH MANNED FLIGHT IN ANY WAY. It's not worth it to me as much as I would love to see the view from 500 meters with my Mavic.

pftarch, you hit the nail on the head and I applaud your response. Although I am new to this hobby/ industry I am not new to aviation or dealing with the FAA and your reasoning is quite sound considering that this agency is still trying to evolve with the drone industry.

I'll further wade into trouble waters to say that if you read Sec 336, it also "assumes" (for a better choice of words) that hobbyists will only fly within visual range. You could just poke around this site and see many choose to ignore this as well. Yes, the law in the way its currently written is vague, putting it bluntly, it totally sucks but its what we have to deal with.