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

Discussion in 'sUAV Rules & Regulations' started by Scapegoat, Nov 16, 2016.

  1. Scapegoat

    Scapegoat Member

    Joined:
    Nov 15, 2016
    Messages:
    10
    Likes Received:
    2
    Location:
    Earth
    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 *
     
  2. dsd317

    dsd317 Well-Known Member

    Joined:
    Oct 14, 2016
    Messages:
    130
    Likes Received:
    68
    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.
     
  3. Ray of Light

    Ray of Light Member

    Joined:
    Oct 19, 2016
    Messages:
    9
    Likes Received:
    3
    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.
     
  4. Scapegoat

    Scapegoat Member

    Joined:
    Nov 15, 2016
    Messages:
    10
    Likes Received:
    2
    Location:
    Earth
    Thank You for the clarification , I guess I was over thinking it .


    Sent from my iPhone using MavicPilots
     
  5. Skydog

    Skydog Active Member

    Joined:
    Oct 26, 2016
    Messages:
    29
    Likes Received:
    8
    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
     
  6. dsd317

    dsd317 Well-Known Member

    Joined:
    Oct 14, 2016
    Messages:
    130
    Likes Received:
    68
    If not flying for money, and ONLY flying for recreational/hobbyist then SEC. 336 applies to you.
     
    Skydog likes this.
Loading...
Similar Threads - Part 107 confusion Forum Date
3rd party batteries Mavic Pro Discussions Monday at 7:26 PM
Mavic Pro Hunting Party Flyover in 2.7k November 20, 2016 Northern Wisconsin Photos and Videos Nov 21, 2016
Mavic Accessories, 3rd party? Mavic Pro Discussions Nov 17, 2016
DJI is now shipping spare parts for Mavic Mavic Pro Discussions Nov 15, 2016
In the future will you be able to get parts for repairs? General Discussions Nov 15, 2016

Share This Page