400 Feet Limit Bypass?

tjwild0127 · Jun 19, 2018

So recently I have heard that drone users are allowed to fly over 400 feet AGL if they are flying within 400 feet of a large structure. (Ex. A user can fly 400 feet over a 300-foot water tower for a total AGL measurement of 700).

I was wondering two things:

1) Is this information true?
2) If so, does this apply to all UAV operators or only ones with their part 107 license? (I want to know if I, a recreational flyer, can adhere to this)

P.S. If anyone has info about it I would greatly appreciate if you could provide me with a link to a legal document.

beachcombing · Jun 19, 2018

tjwild0127 said:
So recently I have heard that drone users are allowed to fly over 400 feet AGL if they are flying within 400 feet of a large structure. (Ex. A user can fly 400 feet over a 300-foot water tower for a total AGL measurement of 700).

I was wondering two things:

1) Is this information true?
2) If so, does this apply to all UAV operators or only ones with their part 107 license? (I want to know if I, a recreational flyer, can adhere to this)

P.S. If anyone has info about it I would greatly appreciate if you could provide me with a link to a legal document.

1. Yes. For Part 107 certified pilots.
2. Only Part 107
3. The limit for hobby/recreation flyers is a guideline not a law.

PS. Here are the Part 107 regulations. https://www.faa.gov/uas/media/RIN_2120-AJ60_Clean_Signed.pdf

Here's more information.
Fly under the Special Rule for Model Aircraft
Fly under the Small UAS Rule

tjwild0127 · Jun 19, 2018

beachcombing said:
1. Yes. For Part 107 certified pilots.
2. Only Part 107
3. The limit for hobby/recreation flyers is a guideline not a law.

PS. Here are the Part 107 regulations. https://www.faa.gov/uas/media/RIN_2120-AJ60_Clean_Signed.pdf

Here's more information.
Fly under the Special Rule for Model Aircraft
Fly under the Small UAS Rule

Thanks so much for your quick response. This information really helped!

DownandLocked · Jun 19, 2018

Not sure of the exact distance allowed away from a tall structure but here's a link to a flight I made more than 1,000 feet above ground near a TV tower.

Thwyllo · Jun 20, 2018

Why does that site still refer to generic"Special rules for model aircraft" and indiscriminate drone registration when the US courts have previously ruled that the FAA has no authority to in the matter as regards hobbyists? Did I miss a new court case?

msinger · Jun 20, 2018

Thwyllo said:
Why does that site still refer to generic"Special rules for model aircraft" and indiscriminate drone registration when the US courts have previously ruled that the FAA has no authority to in the matter as regards hobbyists?

As this document explains:

if a model aircraft is operated consistently with the terms of section 336(a) and (c), then it would not be subject to future FAA regulations regarding
model aircraft. However, Congress also recognized the potential for such operations to endanger other aircraft and systems of the NAS. Therefore, it specifically stated that “[n]othing 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.”

Thwyllo · Jun 20, 2018

Relatively meangless then? I mean your pet falcon isn't subject to FAA regulations but if you flew it next to a runway and it got ingested and brought an aircraft down, they'd go after you (rightly so) despite there being no regulations covering falcon hunting. It's just common sense. It's why legislation had to be introduced in respect of laser pointing devices; still 100% legal to own and use at any strength in the US, but now illegal to point at and endanger aircraft with.

The same general principle ought to be applied to drones frankly. There are plenty of existing laws to do with privacy, trespass etc.. that can be used to prosecute someone. Making it an offence, pure and simple, to interfere with or endanger an aircraft with a drone (together with a reasonable pattern of NFZs)) would be much more simple to prosecute and less stressful on the overloaded legal system than chasing people for transgressions left right and centre that were never going to affect anyone. Two and a half million drones sold so far, market expanded 60% in 2017... It either needs a complete ban or a common sense approach, not a raft of regulation that doesn't always make sense and is selectively enforced.

msinger · Jun 20, 2018

Thwyllo said:
chasing people for transgressions left right and centre that were never going to affect anyone

Is that what the FAA is doing? It doesn't seem that way to me.

Thwyllo · Jun 20, 2018

msinger said:
Is that what the FAA is doing? It doesn't seem that way to me.

I don't just mean the FAA, but yes, I seem to be seeing so-called regulations that turn out to have no teeth.

One of the links given also still says "all drones must be registered"...which isn't true is it?

tcope · Jun 20, 2018

Thwyllo said:
One of the links given also still says "all drones must be registered"...which isn't true is it?

Yes, it is true.

Thwyllo · Jun 20, 2018

tcope said:
Yes, it is true.

Ah ok, my bad - nobody responded to my question about "did I miss a new court case or something?". Massive overkill but hey ho.. and using the National Defense Authorization Act to get the necessary legislation through was especially weasly.

On a practical note, anyone who thinks that will work is crazy.

tcope · Jun 20, 2018

Thwyllo said:
On a practical note, anyone who thinks that will work is crazy.

It's been shown that the registration has done nothing. Yes, it was the FAA and DOT flat out lying to people. However, it created no real issues for drone fliers so let them make the public think it solved some issue.

msinger · Jun 20, 2018

Thwyllo said:
One of the links given also still says "all drones must be registered"...which isn't true is it?

Yes. See more details here.

DroningOn · Jun 20, 2018

tcope said:
Yes, it is true.

Other than commercial use, please tell me where it says that “all drones must me registered”

tcope · Jun 20, 2018

DroningOn said:
Other than commercial use, please tell me where it says that “all drones must me registered”

Are you wanting to argue that it does not apply to such drones as over 55lbs? If so, the response was to the FAA's website's claim that drones needed to be registered. In that context (what the FAA outlines on their website), it's true. Also, this form is about Mavics... and all Mavics need to be registered.

If you doubt that any drone needs to be registered, follow the links above.

beachcombing · Jun 20, 2018

DroningOn said:
Other than commercial use, please tell me where it says that “all drones must me registered”

Which part of this is confusing? Note that the word "commercial" is not even on that page.

Q: Do only drones and multirotor operators need to register?
A: Anyone who flies a model that can freely navigate in the air and uses a remote control device (e.g. RC transmitter) is required to register. This includes drones, traditional fixed wing model aircraft, model helicopters, and other remote controlled model aircraft. If you exclusively fly models under .55 pounds, indoors, control line, or free flight models - you do not need to register.