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Acceptable 107 Night Flying Waiver Language

DownandLocked

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I having trouble understanding the complexity of applying for a waiver to fly at night. There HAS to be boilerplate language that would be acceptable to me and the FAA. If so, where can I find it?

Why should I have to guess at what would be acceptable provisions in the application only to be denied 3 months later?
 

DownandLocked

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Look at this thread Night Operators
Maybe you can extract some helpful infos.
I've researched a myriad of threads here on the subject with no answers as to whether or not there is boilerplate language already accepted by the FAA. There are numerous recommendations on how you might want to word your application but no real fool-proof pre approved language that can be used.

Why does the FAA leave it up to the pilot to come up with language that may or may not be acceptable? Why don't they publish what the acceptable requirements should be?
 

beachcombing

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I've researched a myriad of threads here on the subject with no answers as to whether or not there is boilerplate language already accepted by the FAA. There are numerous recommendations on how you might want to word your application but no real fool-proof pre approved language that can be used.

Why does the FAA leave it up to the pilot to come up with language that may or may not be acceptable? Why don't they publish what the acceptable requirements should be?
No one here can answer "why" the FAA does something. You would need to ask them if seek that answer.
And you are NEVER going to find a "foolproof" solution. There are too many variables.

Have you read these guidelines? How to Fly Your Drone at Night: Applying for a Part 107 Daylight Operations Waiver | Drone Pilot Ground School

Have you and your crew had the appropriate training for night operations and night vision?
 

DownandLocked

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I have read and understand the waiver guidelines and don't see many variables in the night flying requirements. It just seem rather impractical to have 1000 waiver applications all worded 1000 different ways. I also understand that many others have understood the night requirements, thought they covered it in their application, only to have it denied 3 months later for some obscure reason, have to reapply and then wait another 3 months to get an answer.

I guess what I'm asking is, are forum members willing to share successful waiver application wording with others. Or,even further, is there "boilerplate language" for FAA acceptable wording in the application?
 

beachcombing

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I have read and understand the waiver guidelines and don't see many variables in the night flying requirements. It just seem rather impractical to have 1000 waiver applications all worded 1000 different ways. I also understand that many others have understood the night requirements, thought they covered it in their application, only to have it denied 3 months later for some obscure reason, have to reapply and then wait another 3 months to get an answer.

I guess what I'm asking is, are forum members willing to share successful waiver application wording with others. Or,even further, is there "boilerplate language" for FAA acceptable wording in the application?
Okay.

Well, there's some pretty clear language on the page I linked that is from a user who successfully got an approved night waiver. But good luck with your process.
 

neggy

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I applied 3 times, got rejected 3 times. Good luck.

I had one application rejected for something minor, I could not get that issue resolved.

reapplied, the issue from Application 1 was not even brought up, same language passed the next FAA dope, but they objected to other things, and the more I answered their questions, the more they said no, even though the first application was not an issue on those areas.

I swear they make it up as they go along at the approval level.

I dealt with this ****

The method that will be used to recognize when other aircraft (including other UAS) or people enter the operations area.

We will be using sight and sound, looking for aircraft lighting strobes and the red and green lighting that identify the orientation of the aircraft so we can act if required to avoid any aircraft that should some how make it into the space we propose operating in. Most aircraft (at least the ones I fly) give a pretty good heads up that they are approaching long before they can be seen, and if for some reason that does not warn us, we will be scanning the sky ( again just as I do when I fly Part 61) for other aircraft, and we will take appropriate avoidance maneuvers to avoid them

As for people, we will have people looking and listening for people who may somehow have wandered into our secured operational area. The lighting we will be using on the ground and our LZ will also illuminate the area.

My dogs also very good at identifying approaching people and will give me warning.

Other than that I can't do much other than using land mines and trip wires can I?




Please re-address and provide information as to the method that will be used to assure knowledge for all participants including the remote pilot

Everyone involved in my proposed night operations will be a Visual observer and trained and tested, the exception will be the Remote Pilot, and that is ME, nobody will operate my aircraft but me.

I have a 20 question test I require VO's to take, with 18 correct required to pass, and then there is a review of the incorrect answers in order to instruct them as to the correct way of doing things.
As I also have stated previously we will retain those tests for inspection if requested by the Regional Administrator or his/her designee.

I would think that after just completing a refresher course for my Part 61 exam, that covered 60 hours and was taught by a CFI from the USDOT Volpe Center (PS I have flown sUAV's for the U.S.D.O.T ) that I have enough knowledge to operate my sUAV at night. I am familiar with Human Factors, Human Physiology, and have Part 61 night flights in my log book
 

neggy

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Thank you for submitting a 14 CFR Part 107 request for certificate of waiver through the automated FAA small unmanned aircraft (sUAS) waiver application portal.



When the FAA responds to a request for a certificate of waiver, it must follow the requirements of 14 CFR § 107.200, "Waiver policy and requirements," particularly those standards outlined in § 107.200(b). As stated in that section, the FAA uses the following criteria when making a decision as to whether to grant a waiver:



1) a complete description of the proposed operation; and

2) justification that establishes that the operation can safely be conducted under the terms

of a certificate of waiver.



Given the criteria outlined above, the FAA requests additional information from you, the applicant, on the following section(s)/waiver safety explanation guidelines listed below to complete a safety analysis of your request and make a final decision:



For a waiver from section 107.29 - Daylight Operations:



• Applicant must provide a method for the remote pilot to see and avoid other aircraft, people on the ground,

and ground-based structures and obstacles during darkness. Please answer the following questions.. What is your procedure should a person enter into the operation area? What is your procedure should an aircraft enter into the operation area (remember there are a lot of aircraft that can operate below 500 feet, such as air ambulances…)?



• Applicant must provide a method by which the remote pilot will be able to continuously know and determine the

position, altitude, attitude, and movement of their small unmanned aircraft. Please answer the following questions.. Where is the data coming from? Where is it going to be displayed? And who will use the data? (remember we cannot make assumptions on applications, we can only use what you tell us or provide to us).



As a further note in the event you apply for any other waivers, you do not need to recite meaning of the rule, explain to the FAA what the rule means or repeat what the rule says. You only need to provide answers to the question or requirements. This will aid in processing your applications faster. Remember don’t tell us what you think we want to hear tell us what you are going to do. The sooner you can get these answers back to us, the sooner we can process your waiver.



Please send the required information/documentation or questions by replying to this email at [email protected]. Please use your reference number on all communications and attached documents, and include a phone number where you can be reached, if necessary.



Before sending, review your submission to insure it sufficiently addresses the section 107.200(b) requirements.



If you no longer wish to pursue a waiver for your operation, notification to the FAA is not necessary. However, if you do wish to pursue a waiver, the requested information must be received within 30 days of this email. If we do not receive the requested information within 30 days we will close your application.



Sincerely,

Part 107 Waiver Team

General Aviation and Commercial Division, AFS-800
 

neggy

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Your requested regulations subject to waiver:


;#107.29 Daylight Operation;#



Proposed Area of Operations:



Class G Airspace, and Class E to the surface.

Description of Operations:



The sUAV will be limited to 200' AGL by the PIC/Operator, with the software set to a maximum of 300' AGL to allow for upward movement contingency if needed for operational safety and avoidance. The Pilot/Pilot In Charge will maintain visual line of sight with the UAS during darkness by using 2 or more trained visual observers, and will not fly in areas with obstructed views. The sUAV, a DJI Mavic Pro will be equipped with 2 red, 2 green, and one white LED Strobon Cree Standalone LED. which are visible for more than 3 miles. Flight operations will take place in well lighted areas and only after the site has been visited during daylight hours to check for any dangers or operational concerns By using two or more trained visial observers, visiting the area of flight operations for a site walk during daylight hours in advance of the planned flights,and by being aware of the surroundings and happenings, we will avoid ‌flying over people, maintaining at least minimum separation from structures and obstacles, and by a constant scanning of the sky we will avoid other aircraft. Although the MavicPro will display position, direction, altitude, and attitude, and show in which direction the sUAV is moving in the X, Y, and Z axises, we will not rely soley on the technology, but will maintain VLOS with the aircraft at all times, in conjunction with the affixed LED lighting to determine the aircrafts position at any given time. The PIC, Visual Observers, and other members of the ground crew will be trained and quizzed on the operational issues related to flying in low light conditions (darkness) by being briefed on: 1. Chapter 17, Aeromedical Factors of the Pilot’s Handbook of Aeronautical knowledge, pages 17-22 through 17-29. 2. VO must review FAA Night Vision video, available at FAA TV: Vision in Aviation The Remote Pilot/ Pilot In Charge will ensure that the takeoff and landing area is sufficiently illuminated so that the aircraft can be safely controlled during takeoff and landing and that any obstructions within 50 feet laterally of the takeoff and landing area are visible. The Pilot In Charge has many hours logged as a Pilot in over a decade of flying ‌in the areas where night operations are planned.
 

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