Part 107 confusion ..........

[Scapegoat]

I will be a proud new Mavic Pro owner very soon , this will be my very 1st drone. Like some of you, I've been drooling over Mavic videos , planning my purchase, reading & anticipating its arrival. My goal is to be a responsible operator , so obviously I've been researching FAA regs & rules . I will fly strictly hobby, pleasure use.

My quandary ......

I live about 4.9 miles from a class D airport w/ATC.
It's my understanding that to operate legally I would need a "certificate of waiver" for part 107.41 to fly (responsibly) within the same space

I guess my question is :
1.) do I need this waiver ?
2.) is it easy to get

* THIS EXCERPT IS TAKEN DIRECTLY FROM FAA WAIVER APPLICATION PAGE *

"Please submit your application as soon as possible prior to your planned operation. The FAA encourages applicants to submit their application at least 90 days prior to the start of the proposed operation."

-------------------------------------------------------------------------------------------------------------------------------


If I buy my drone soon and submit the appropriate waiver application form for 107.41 , it appears my request must be made at least 90 days prior to operation .....

-----> Does this mean there's a 90 day window where I cannot fly in the desired area legally ? Until I receive a "certificate of waiver" allowing me to do so ?

(calling or contacting the ATC or Airport owner each time I want to fly does not seem feasible or correct)

Surely I can easily take my craft elsewhere and fly far from the airport , & far from home but that's definitely not my preference .

Any thought ? Words of wisdom ?

* Lititz Pennsylvania USA *

 

[dsd317]

If you're flying purely as a hobbyist, then only the following text in RED applies:

SEC. 336. <<NOTE: 49 USC 40101 note.>> SPECIAL RULE FOR MODEL
AIRCRAFT.

(a) In General.--Notwithstanding any other provision of law relating
to the incorporation of unmanned aircraft systems into Federal Aviation
Administration plans and policies, including this subtitle, the
Administrator of the Federal Aviation Administration may not promulgate
any rule or regulation regarding a model aircraft, or an aircraft being
developed as a model aircraft, if--
(1) the aircraft is flown strictly for hobby or recreational
use;
(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;
(3) the aircraft is limited to not more than 55 pounds
unless otherwise certified through a design, construction,
inspection, flight test, and operational safety program
administered by a community-based organization;
(4) the aircraft is operated in a manner that does not
interfere with and gives way to any manned aircraft; and
(5) when flown within 5 miles of an airport, the operator of
the aircraft provides the airport operator and the airport air
traffic control tower (when an air traffic facility is located
at the airport) with prior notice of the operation (model
aircraft operators flying from a permanent location within 5
miles of an airport should establish a mutually-agreed upon
operating procedure with the airport operator and the airport
air traffic control tower (when an air traffic facility is
located at the airport)).

(b) Statutory Construction.--Nothing in this section shall be
construed to limit the authority of the Administrator to pursue
enforcement action against persons operating model aircraft who endanger
the safety of the national airspace system.
(c) Model Aircraft Defined.--In this section, the term ``model
aircraft'' means an unmanned aircraft that is--
(1) capable of sustained flight in the atmosphere;

[[Page 126 STAT. 78]]

(2) flown within visual line of sight of the person
operating the aircraft; and
(3) flown for hobby or recreational purposes.

 

[Ray of Light]

dsd317 is correct. If you are flying as a hobbyist, then part 107 does not apply to you. Part 107 only applies to commercial UAS operations.

 

[Scapegoat]

Thank You for the clarification , I guess I was over thinking it .


Sent from my iPhone using MavicPilots

 

[Skydog]

If you have a 107 certificate and are not flying for money, which flying rule apply to you?

As a comparison to nautical rules of the road if you are a sailboat but have your engine engaged you need to pay attention to the rules as if you are a power boat. The being there might be some nuances that apply.


Sent from my iPhone using MavicPilots

 

[dsd317]

If you have a 107 certificate and are not flying for money, which flying rule apply to you?
Sent from my iPhone using MavicPilots

If not flying for money, and ONLY flying for recreational/hobbyist then SEC. 336 applies to you.

 

[PilotSmith]

So does this mean if he is flying has a hobbyist that day he just needs to call ATC??

 

[BuzzyOne]

So does this mean if he is flying has a hobbyist that day he just needs to call ATC??

The airport and the ATC. Just the airport if no ATC.

I sent the airport that is closest to me an email giving them my particulars and that I would be operating indefinitely. I got a reply I was good to go up to 400' AGL and that is that.

 

[Technomancer]

The airport and the ATC. Just the airport if no ATC.

I sent the airport that is closest to me an email giving them my particulars and that I would be operating indefinitely. I got a reply I was good to go up to 400' AGL and that is that.

What information did you give them? Pondering something similar myself as I'm sandwiched between two small airports

 

[BuzzyOne]

September 1, 2017
Tim M - Airport Manager
Airport Name and FAA Ident.
Airport Address

Dear Mr.,

The purpose of this letter is to comply with FAA requirements under The FAA sUAS PART 107: THE SMALL UAS RULE. This rule requires prior notification to an Airport/Heliport Manager when operating civil small Unmanned Aviation System (sUAS), within five miles of an airport.

I intend to operate a sUAS, (commonly known as a drone) as a hobbyist within five miles of your airport on an indefinite basis. Please consider this letter as notification and advise if you require a different form of notification.

As a hobbyist, I will operate the sUAS under the FAA safety recommendations which are listed below:

• Fly below 400 feet and remain clear of surrounding obstacles
• Don’t fly an aircraft that weighs more than 55 lbs
• Keep the aircraft within visual line of sight at all times
• Remain well clear of and do not interfere with manned aircraft operations
• Don’t fly near people or stadiums
• Don’t be careless or reckless with your unmanned aircraft

I am also providing additional contact and operational information for your reference. Please contact me if you need any additional information.

Operator Information:

YOUR NAME
YOUR ADDRESS
Phone Email

Major Cross Streets : SW XXX RD and XX RD
Latitude: 87.460982
Longitude: -127.664474

Thank you in advance for your assistance with this matter.

Best Regards,
YOUR NAME

 

[Crigstar]

September 1, 2017
YOUR NAME

That's great news; do you mind posting the response?
I'm curious if they put any time or distance limits in it.

 

[robschrader]

September 1, 2017
Tim M - Airport Manager
Airport Name and FAA Ident.
Airport Address

Dear Mr.,

The purpose of this letter is to comply with FAA requirements under The FAA sUAS PART 107: THE SMALL UAS RULE. This rule requires prior notification to an Airport/Heliport Manager when operating civil small Unmanned Aviation System (sUAS), within five miles of an airport.

I intend to operate a sUAS, (commonly known as a drone) as a hobbyist within five miles of your airport on an indefinite basis. Please consider this letter as notification and advise if you require a different form of notification.

As a hobbyist, I will operate the sUAS under the FAA safety recommendations which are listed below:

• Fly below 400 feet and remain clear of surrounding obstacles
• Don’t fly an aircraft that weighs more than 55 lbs
• Keep the aircraft within visual line of sight at all times
• Remain well clear of and do not interfere with manned aircraft operations
• Don’t fly near people or stadiums
• Don’t be careless or reckless with your unmanned aircraft

I am also providing additional contact and operational information for your reference. Please contact me if you need any additional information.

Operator Information:

YOUR NAME
YOUR ADDRESS
Phone Email

Major Cross Streets : SW XXX RD and XX RD
Latitude: 87.460982
Longitude: -127.664474

Thank you in advance for your assistance with this matter.

Best Regards,
YOUR NAME

Great Email!

 

[2nckayakers]

I live about 3.5 miles from a non towered regional airport. I flew for a while without telling them but then decided I needed to do things the right way just in case something happened, or I had a neighbor that wanted to complain, or a plane came flying over and happened to see me. So I contacted the contractor that runs the day to day operations for the County. They were really nice and told me it wasn't a problem with them at all. In fact the manager's husband flew drones as well and we had a really good conversation about them. So now all I do is send her an email when I am flying and just say hey I am flying today, and that is it. Not a big deal at all. The only time I ever had her come back and say that there might be a problem was last month when the military came in and set up a temporary control tower to do some training. The airspace around the airport went to Class E to surface and she just told me that if I was flying I might want to stay below the trees since there would be a lot of low flying helicopters coming in during that time.

I have asked her several times about setting up a MOA with the airport so I don't have to keep emailing, but she has tried to steer me away from that because evidently the Airport Manager that works for the County is not a drone fan and she is afraid that if I send something in writing, he will get involved and it could complicate things for me. So I just keep on keeping on like I am doing (which sometimes I don't tell them when I am flying) but I do at least keep in touch once or twice a month.

 

[BuzzyOne]

That's great news; do you mind posting the response?
I'm curious if they put any time or distance limits in it.

A short, simple "No problem, thanks for letting me know, have fun." kinda response.

From my email distance would be 400AGL and visual LoS and common sense would dictate that I don't fly between the end of evening civil twilight and the beginning of morning civil twilight (which is an FAA Rule).