Night Flight rules question

[OkDrone]

I have read quite a bit looking for the answer to this. What are the rules for a Rec. pilot flying at night?

 

[mobilehomer]

Unless you have a Part 107, you are not supposed to. But things may change.

 

[BigAl07]

Unless you have a Part 107, you are not supposed to. But things may change.

@mobilehomer Huh? That's not accurate at all.

As a Recreational Operator you have to follow the FAA's guidelines (which do not restrict NIGHT flights) or you follow a set of approved CBO Guidelines. CBO Guidelines may or may NOT restrict night flights but if you are following CBO you follow all of them even if they are more restrictive than you like. Currently no CBO rules are "Active/Approved" so you follow FAA guidelines.

Here are the rules directly from the US Code website:

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44809&num=0&edition=prelim

 

[eEridani]

AMA has some guidelines; while not yet officially approved following them makes some sense. They do not restrict night flight except to say you need to be able to maintain VLOS control, which means you need lights you can see to discern and control direction, speed, etc.

Night flight in controlled airspace under the recreational rules is strictly forbidden right now. Why? You must have LAANC approval to fly in controlled airspace. And LAANC automatically denies and will not approve any rec night flights per FAA guidance.

 

[OkDrone]

Thanks for the clarification. There seems to be a difference of opinions in this topic. I want to get some night shots after dusk of some very lit buildings and churches.

 

[mobilehomer]

Here are the Part 107 rules. https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-107/subpart-B/section-107.29

 

[eEridani]

Thanks for the clarification. There seems to be a difference of opinions in this topic. I want to get some night shots after dusk of some very lit buildings and churches.

I'm not being 100% complete here, but IF:

1) you are doing the flight 100% for fun
2) have zero intent to post to YouTube or use for any other money making or promotional purpose
3) you follow the rest of the 44809 rules, have your reg and trust certs handy, and can point to a CBO
4) and aren't in airspace requiring a clearance to fly ...

There is nothing on the books that says recreational night flight is illegal.

On 09/27/2021 11:01 AM, 9-NATL-UAS-Help (FAA) wrote:

Sir

Recreational night flights muddy the water even more.

There is only one rule for operating small UAS (under 55 pounds) in the U.S. National Airspace System. That law is 14 CFR Part 107. There is a limited statutory exception (a "carve out") to the law which, under certain circumstances, allows operation for the sole purpose of recreation.

The limited exception for recreation is governed by § 44809 of Public Law 115-254, the FAA Re-Authorization Act of 2018. The law does not specifically address night flights. However, it does state that you must operate "in accordance with or within the programming of a community-based organization’s set of safety guidelines that are developed in coordination with the Federal Aviation Administration."

What the above means is that you must be able to cite the safety guidelines, developed in coordination with the FAA, that do authorize you to fly at night. If you cannot point to that, then you are not in full compliance with 44809 and are governed by Part 107.

Steve

FAA UAS Support Center 844 FLY MY UA | 844-359-6982 Send us your questions! Stay current on all things drone Learn about TRUST Register for the 2021 FAA UAS Symposium Twitter | Facebook

 

[Starz]

Unless you have a Part 107, you are not supposed to.

A simple click on the search function for this site would provide the information needed to find this part of your post to be inaccurate.

 

[Vic Moss]

Thanks for the clarification. There seems to be a difference of opinions in this topic.

That's one of the issues with UAS forums, not everyone understands the rules, and in their passion to help people, they sometimes confuse the issue.

I want to get some night shots after dusk of some very lit buildings and churches.

You're free to do that as long as your not in any controlled airspace. Recreational Flyers are not allowed to fly at night in controlled airspace at the moment. Soon hopefully. And although 3SM strobe are not required for recreational flyers, they're still a great idea. It's all about safety when the drone launches. I would also scout the areas first for things like power lines and such.

So as long at you're flying under 44809, you can fly at night. Flying at night is a little stressful, but the imagery you can get is awesome.



Here are some correction to a few wrong answers that have been posted here:

Here are the Part 107 rules. https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-107/subpart-B/section-107.29

Not applicable to recreational flyers. Rec flyers are governed by 49 UAS Part 44809.

Unless you have a Part 107, you are not supposed to. But things may change.

Also incorrect. @BigAl07 addressed this.

I'm not being 100% complete here, but IF:

1) you are doing the flight 100% for fun
2) have zero intent to post to YouTube or use for any other money making or promotional purpose

The FAA doesn't care about social media ues. You can post photos and videos to social media without a 107. It's not about where you show the imagery, it's about what the intent of the use is when you take the photos. Example, train enthusiasts take train photos and videos and post to forums and channels all the time. If all they're doing is showing their passion to like minded people, it's fine. Recreational rules apply. If they're taking imagery to improve their viewers and gain ad revenue from their channel, or if they're going to be selling those photos or videos through their channel, then they need their 107.

3) you follow the rest of the 44809 rules, have your reg and trust certs handy, and can point to a CBO

Sort of correct, registration and TRUST, 100%. But there are no CBOs "that are developed in coordination with the Federal Aviation Administration" at the moment. But AC 91-57B tells us to fly under an existing one until then, and that's usually the AMA's. And odds are those CBOs will have some sort of night rules. And odds are (just guessing here) that since it's going to be "developed in coordination with the FAA", there will likely be a 3SM strobe requirement. Hopefully not for the <250g class.

4) and aren't in airspace requiring a clearance to fly ...

There is nothing on the books that says recreational night flight is illegal.

On 09/27/2021 11:01 AM, 9-NATL-UAS-Help (FAA) wrote:

 

[JimSteadman]

Good discussion. Thanks for the citations and links to the actual law instead of repetition of what someone says we are supposed to do.

 

[PHZ]

Do not forget, To fly recreationally you must have your trust certificate.

 

[eEridani]

Vic Moss

My no YouTube statement is in context of making money from it. You also can't film for others who will use the video or images for promotional purposes. You can't film your church and let the church use the video or images for their flyers and such. No money has to change hands, if you use the drone as a service to someone, it must be done under Part 107.

And I should have added this link to AMA's Guidelines: Night flight is allowed if VLOS can be maintained and lights are required for general play, but no anti-collision strobe requirements:

https://www.modelaircraft.org/sites/default/files/documents/100.pdf

 

[Chaosrider]

@mobilehomer Huh? That's not accurate at all.

As a Recreational Operator you have to follow the FAA's guidelines (which do not restrict NIGHT flights) or you follow a set of approved CBO Guidelines. CBO Guidelines may or may NOT restrict night flights but if you are following CBO you follow all of them even if they are more restrictive than you like. Currently no CBO rules are "Active/Approved" so you follow FAA guidelines.

Here are the rules directly from the US Code website:

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44809&num=0&edition=prelim

I seem to recall that there was a requirement to take a short training course for Recreational Operators to fly at night.

Is that incorrect?

Thx,

TCS

 

[Vic Moss]

I seem to recall that there was a requirement to take a short training course for Recreational Operators to fly at night.

Is that incorrect?

Thx,

TCS

Nope. Just take TRUST. Only 107 need the night training.

 

[Starz]

Only 107 need the night training.

This is the reason I’m recreational only.
I‘m not willing to spend the time dealing with waivers.
Nice when you can fly at night when you want.

 

[Jagerbomb52]

This is the reason I’m recreational only.
I‘m not willing to spend the time dealing with waivers.
Nice when you can fly at night when you want.

I believe the night training did away with the waivers for 107 pilots.
Might be wrong and will stand corrected @Vic Moss

 

[Vic Moss]

I believe the night training did away with the waivers for 107 pilots.
Might be wrong and will stand corrected @Vic Moss

Correct, there are no more standard 107.29 waivers. There are currently only 25 107.29 waivers, and they are use specific.

As of 4/6/21, the only thing a 107 Pilot needs to do to fly at night is use 3SM strobes and have taken the initial 107 test or recurrent training on or after 4/6/21.

If you're 107 and haven't taken it yet, so to the FAASafety site and take ALC 677: Activities, Courses, Seminars & Webinars - Course Overview - FAA - FAASTeam - FAASafety.gov

Also @Starz, odds are you'll end up taking some sort of recreational night training (free) once the FAA co-developed CBOs are announced. So be on the lookout for those. Probably Spring of this year. Probably...

 

[Chaosrider]

Nope. Just take TRUST. Only 107 need the night training.

Interesting.

And if I remember correctly from another thread, if your 107 is recent, that's included.

Yes?

Thx!

TCS

 

[Vic Moss]

Interesting.

And if I remember correctly from another thread, if your 107 is recent, that's included.

Yes?

Thx!

TCS

See above...

 

[PHZ]

If you have done your 107 recurrent renewal online, you are able to fly at night legally without applying for a night waiver (no longer in existence). I am not sure if you are legal to do that as a recreational pilot. But you need to have your TRUST cert if you are flying recreationally.