low flying helicopters or small planes suddenly appearing in airspace?

[BigAl07]

I get the need for us drone operators to be vigilant in keeping an eye out for manned aircraft. The last thing I would want to do is cause a crash in which a human pilot could be injured or even killed. However, it also seems to me that there are also laws that apply to manned aircraft and the minimum altitudes they are allowed to fly, which is (I believe) 500’,(14 CFR § 91.119) hence our maximum altitude being somewhat less than that. Both parties following the rules applicable to their craft is supposed to prevent mid air collisions. If I’m flying my little drone over my property and within the height limit (400’) allowed and some tool comes below their legal threshold and causes me to have to take evasive actions, I will be calling in their N numbers and filing a complaint. I’m sure my opinion is an unpopular one because our community seems to be comprised largely of folks who are more than ready to accept fault even though the manned aircraft is technically the one violating minimum altitude thresholds. I do not happen to be one of those folks. I do know how to fly small aircraft and took ground school at RL Jones airport back in 1985. I also have resided (and still currently reside) on a private airstrip since the early 80’s.

Have you happened to have read READ 14 CFR ~ 91.119?

It makes allowances for flying lower than 500 in some instances and this doesn't even take into account MediVac, Utility Inspection/Repair, Crop Dusting etc etc etc.

As a matter of fact, section C) gives a lot of leeway:
Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

Section C), over open water or sparsely populated areas, doesn't have a MIN Altitude but a distance to a person, vessel, vehicle, or structure. This gives a LOT of "Grey Area" for Minimums.

Now do manned pilots bust the regs? YES every-single-day!! Is it dangerous? Most likely, in most cases YES! Does that take ANY of the responsibility off of the UAS operator to ALWAYS give way to ANY manned aircraft? NO!

Even if the manned pilot is busting the regs, if your UAS comes into contact with them or causes an incident in any way, you were NOT fulfilling the requirements for See & Avoid and you are at FAULT.

Keep in mind, all of this that I'm saying comes from a UAS operator with 4 DECADES of UAS experience and a manned pilot (Part 61, SEL) with 2 DECADES of experience. I fly both.

Bottom line, if you ALLOW your UAS to impact or to cause an incident with MANNED aircraft you are most likely, AT FAULT!!

 

[jmc667]

One thing we have to watch out here in the country are crop dusters. It used to be single prop planes, now they are using helicopters.

 

[dan.utinske]

On occasion I feel like helicopters or small planes appear under 400ft. I'm 107 compliant and am always studying the rules for airspaces- but is there a away to know how to better predict random traffic? Aside from having a visual observer? Or in everyone's opinion are they over 400 AGL and I'm just can't tell.

On occasion I feel like helicopters or small planes appear under 400ft. I'm 107 compliant and am always studying the rules for airspaces- but is there a away to know how to better predict random traffic? Aside from having a visual observer? Or in everyone's opinion are they over 400 AGL and I'm just can't tell.

91.119 Minimum safe altitudes: General.

Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.