Confused about flying at night

[FASTFJR]

My buddy ask me if I can fly my drone at night? I never had in the past so I started to see if I could. I've found a bunch of info and I'm still not sure. Currently.....can a hobbyist fly a drone at night in the US?

Thanks

 

[Flyicaptain]

My buddy ask me if I can fly my drone at night? I never had in the past so I started to see if I could. I've found a bunch of info and I'm still not sure. Currently.....can a hobbyist fly a drone at night in the US?

Thanks

No. That requires a waiver from the FAA regardless of whether you’re flying recreationally or under FAR 107.

 

[BigAl07]

No. That requires a waiver from the FAA regardless of whether you’re flying recreationally or under FAR 107.

Huh? Recreational Operations are not yet getting "Waivers" of any kind. The waiver process is for Part 107 operators (waiver # starts with 107..... 107.29 is Daytime Flight Waiver for instance.)

Here's a good "over view" of the current (10/5/2019) Hobby/Recreational flight rules:

***********************************************************************************************

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

1. Register your drone, mark it on the outside with the registration number (PDF), and carry proof of registration with you.
2. Fly only for recreational purposes.
3. Follow the safety guidelines of a community based organization.
4. Fly your drone at or below 400 feet when in uncontrolled or "Class G" airspace. This is airspace where the FAA is not controlling manned air traffic. To determine what type of airspace you are in, refer to the mobile application that operates your drone (if so equipped) and/or use other drone-related mobile applications. Knowing your location and what airspace you're in will also help you avoid interfering with other aircraft.
5. Do NOT fly in controlled airspace (around and above many airports) unless:
   2. You receive an airspace authorization for operations in controlled airspace through LAANC (Low Altitude Authorization and Notification Capability), before you fly. Learn more about approved LAANC UAS Service Suppliers for recreational flyers.
   4. You are flying at a recreational flyer fixed site that has a written agreement with the FAA. The FAA has posted a list of approved sites (MS Excel) and has depicted them as blue dots on a map. Each fixed site is limited to the altitude shown on this map, which varies by location.
6. 
   NOTE: If your organization is interested in establishing a letter of agreement for a fixed flying site, please contact us at [email protected].
   
   The FAA is experiencing a high volume of requests for fixed sites. At this time, the FAA is reviewing requests based on available resources.
   
7. Keep your drone within your line of sight, or within the visual line-of-sight of a visual observer who is co-located and in direct communication with you.
8. Do NOT fly in airspace where flight is prohibited. Airspace restrictions can be found on our interactive map, and temporary flight restrictions can be found here. Drone operators are responsible for ensuring they comply with all airspace restrictions.
9. Never fly near other aircraft, especially near airports.
10. Never fly over groups of people, public events, or stadiums full of people.
11. Never fly near emergencies such as any type of accident response, law enforcement activities, firefighting, or hurricane recovery efforts.
12. Never fly under the influence of drugs or alcohol.

Recreational flyers should know that if they intentionally violate any of these safety requirements, and/or operate in a careless and reckless manner, they could be liable for criminal and/or civil penalties.


Read the Authorization for limited recreational operations as described in section 44809 (PDF). All limited recreational operations should be conducted in accordance with this authorization.


For more information, read Advisory Circular 91-57B.

***********************************************************************************************

At no point in there does it state Hobby can't fly at night.... In fact the Advisory Circular (May 2019) where we get the "digested" version of the rules doesn't even have the words DAYLIGHT, NIGHT, and only used the word DAY in one sentence:
.....and remain in effect 24 hours a day, 7 days a week.

YES you can fly at night "currently" for recreational/hobby flights in the US National Airspace System but you also much still follow ALL of the Hobby/Recreational regulations to a "T".

 

[Deleted member 3792]

Precautions before flying at night is to check in daylight so there is no obstacles as powerlines or other things that can give you problems in the dark. I always do this before flying at night. Even check the starting point and eventually an extra landing point if necessary.

 

[Mavic Mac]

@BigAl07 - Not trying to be a wise guy - If a Part 107 Certified pilot is flying as a "hobbyist" can he then fly at night without a waiver or is once you are certified your are always bound to rules for 107 ?

 

[BigAl07]

@BigAl07 - Not trying to be a smart *** - If a Part 107 Certified pilot is flying as a "hobbyist" can he then fly at night or is once you are certified your are always bound to rules for 107 ?

If he/she is flying at night as a HOBBYIST then he/she follows all hobby/recreational rules and Part 107 does not apply. We can't mix and match rules from one side to the other.

If they are flying as a hobbyist it doesn't matter if they are carrying a Part 107 card or not... totally irrelevant. We often fly under Hobby/Recreational rules after getting our Part 107 you just have o make the entire flight under whichever rules you lainch under.

I hope that makes sense.

 

[Mavic Mac]

Thanks

 

[brett8883]

If he/she is flying at night as a HOBBYIST then he/she follows all hobby/recreational rules and Part 107 does not apply. We can't mix and match rules from one side to the other.

If they are flying as a hobbyist it doesn't matter if they are carrying a Part 107 card or not... totally irrelevant. We often fly under Hobby/Recreational rules after getting our Part 107 you just have o make the entire flight under whichever rules you lainch under.

I hope that makes sense.

At this point is there any reason for a 107 pilot to fly under 101? Only thing I can really think of is due to weather that would prevent 107 pilots from flying

 

[BigAl07]

At this point is there any reason for a 107 pilot to fly under 101? Only thing I can really think of is due to weather that would prevent 107 pilots from flying

If they don’t have a daylight waiver is another valid reason.

I hope they make the hobby and 107 more aligned one day.

 

[brett8883]

If they don’t have a daylight waiver is another valid reason.

I hope they make the hobby and 107 more aligned one day.

[edit: Dang it didn’t read your response above clearly enough.] I could have sworn there was a daylight restriction for 101 but just looked it up and you are right. Doesn’t mention it. Wasn’t there one in 336?

 

[BigAl07]

I could have sworn there was a daylight restriction for 101 but just looked it up and you are right. Doesn’t mention it. Wasn’t there one in 336?

Negative.

 

[brett8883]

Negative.

I should have read the whole thread

 

[BigAl07]

LOL no worries bud

 

[Flyicaptain]

Huh? Recreational Operations are not yet getting "Waivers" of any kind. The waiver process is for Part 107 operators (waiver # starts with 107..... 107.29 is Daytime Flight Waiver for instance.)

Here's a good "over view" of the current (10/5/2019) Hobby/Recreational flight rules:

***********************************************************************************************

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

1. Register your drone, mark it on the outside with the registration number (PDF), and carry proof of registration with you.
2. Fly only for recreational purposes.
3. Follow the safety guidelines of a community based organization.
4. Fly your drone at or below 400 feet when in uncontrolled or "Class G" airspace. This is airspace where the FAA is not controlling manned air traffic. To determine what type of airspace you are in, refer to the mobile application that operates your drone (if so equipped) and/or use other drone-related mobile applications. Knowing your location and what airspace you're in will also help you avoid interfering with other aircraft.
5. Do NOT fly in controlled airspace (around and above many airports) unless:
   2. You receive an airspace authorization for operations in controlled airspace through LAANC (Low Altitude Authorization and Notification Capability), before you fly. Learn more about approved LAANC UAS Service Suppliers for recreational flyers.
   4. You are flying at a recreational flyer fixed site that has a written agreement with the FAA. The FAA has posted a list of approved sites (MS Excel) and has depicted them as blue dots on a map. Each fixed site is limited to the altitude shown on this map, which varies by location.
6. 
   NOTE: If your organization is interested in establishing a letter of agreement for a fixed flying site, please contact us at [email protected].
   
   The FAA is experiencing a high volume of requests for fixed sites. At this time, the FAA is reviewing requests based on available resources.
   
7. Keep your drone within your line of sight, or within the visual line-of-sight of a visual observer who is co-located and in direct communication with you.
8. Do NOT fly in airspace where flight is prohibited. Airspace restrictions can be found on our interactive map, and temporary flight restrictions can be found here. Drone operators are responsible for ensuring they comply with all airspace restrictions.
9. Never fly near other aircraft, especially near airports.
10. Never fly over groups of people, public events, or stadiums full of people.
11. Never fly near emergencies such as any type of accident response, law enforcement activities, firefighting, or hurricane recovery efforts.
12. Never fly under the influence of drugs or alcohol.

Recreational flyers should know that if they intentionally violate any of these safety requirements, and/or operate in a careless and reckless manner, they could be liable for criminal and/or civil penalties.


Read the Authorization for limited recreational operations as described in section 44809 (PDF). All limited recreational operations should be conducted in accordance with this authorization.


For more information, read Advisory Circular 91-57B.

***********************************************************************************************

At no point in there does it state Hobby can't fly at night.... In fact the Advisory Circular (May 2019) where we get the "digested" version of the rules doesn't even have the words DAYLIGHT, NIGHT, and only used the word DAY in one sentence:
.....and remain in effect 24 hours a day, 7 days a week.

YES you can fly at night "currently" for recreational/hobby flights in the US National Airspace System but you also much still follow ALL of the Hobby/Recreational regulations to a "T".

Do you use the LAANC system? Check it out. Create a flight for sometime around two hours after sunset. Submit your flight and it will tell you that you “Rules you are violating- Do Not Fly at Night.” It tells you that for a reason. The FAA helped AirMap and the other LAANC companies understand the regulations for all sUAS operations.
I am a 20,000+ hour Airline Transport Pilot, Certified Flight Instructor (CFI,II,MEI), and a part 107 certified. The rules are no night flying without a waiver. I’m pretty sure I understand the regulations pretty well. I’m not saying I know them all, but I’m pretty confident in this one.
Call your local FSDO if you don’t believe me. I’m sure they’ll educate you on the rules.
You’re looking at it as since it doesn’t say it I can do it.

 

[DanMan32]

In the past it was not advised to fly at night but as a hobbyist, there wasn't any official regulation. Since the FAA reauthorization act that went into law last year, that has changed. FAA is still aligning their regulations with the authorization act as well as their published documentation. They are a lot closer now that hobbyists can use LAANC and just recently manual clearance through DroneZone. However hobbyists can't get waivers to be able to fly higher than specified in facilities map, where part 107 flyers can. I doubt one as a hobbyist would get a waiver for night flying.
FAA's website still references old rules conflicting with new rules so they still have some work to do.

 

[pmshop]

LLAN

Do you use the LAANC system? Check it out. Create a flight for sometime around two hours after sunset. Submit your flight and it will tell you that you “Rules you are violating- Do Not Fly at Night.” It tells you that for a reason. The FAA helped AirMap and the other LAANC companies understand the regulations for all sUAS operations.
I am a 20,000+ hour Airline Transport Pilot, Certified Flight Instructor (CFI,II,MEI), and a part 107 certified. The rules are no night flying without a waiver. I’m pretty sure I understand the regulations pretty well. I’m not saying I know them all, but I’m pretty confident in this one.
Call your local FSDO if you don’t believe me. I’m sure they’ll educate you on the rules.
You’re looking at it as since it doesn’t say it I can do it.

LLANC is a different story.
If you are outside the LLANC range and there are no other restrictions, you can fly at night.
Say like Galveston, Texas' Pleasure Pier. (not my photo)

It is just inside the LLANC zone.
So you use that to get clearance during the day.
But you cannot fly 30 minutes after sunset in that area.
LLANC will kick it back.

 

[Skywalker]

My buddy ask me if I can fly my drone at night? I never had in the past so I started to see if I could. I've found a bunch of info and I'm still not sure. Currently.....can a hobbyist fly a drone at night in the US?

Thanks

Good to know!

 

[Multi-Rotor Pilot812]

Wow, so many different and or conflicting interpretations of the new and changing regulations. Even on a site that has more knowledgeable and experienced pilots than the average source of info. A pilot really has to do a lot of continuous research and updating of their knowledge of the quickly evolving rules and regs. A pilot would be well advised to just not take the chance and refrain from the flight in question unless they are absolutely sure about the legality of the flight in question. As they say ignorance of a particular law is no excuse for breaking it. Common sense can still go a long way though, if it feels wrong/unsafe then it probably is. Fly safe and fly informed and fly often!

 

[BigAl07]

Do you use the LAANC system? Check it out. Create a flight for sometime around two hours after sunset. Submit your flight and it will tell you that you “Rules you are violating- Do Not Fly at Night.” It tells you that for a reason. The FAA helped AirMap and the other LAANC companies understand the regulations for all sUAS operations.
I am a 20,000+ hour Airline Transport Pilot, Certified Flight Instructor (CFI,II,MEI), and a part 107 certified. The rules are no night flying without a waiver. I’m pretty sure I understand the regulations pretty well. I’m not saying I know them all, but I’m pretty confident in this one.
Call your local FSDO if you don’t believe me. I’m sure they’ll educate you on the rules.
You’re looking at it as since it doesn’t say it I can do it.

You're mixing multiple regulations/scenarios (incorrectly) trying to prove your invalid point.

A) We weren't discussing LAANC as that's a whole other can of worms.
B) You can't combine a Waiver when operating under a LAANC authorization (ie 107.29 can't be applied to LAANC airspace approval). Currently HOBBY operators can not get waivers...moot point.
C) You didn't prove your case by stating how many MANNED hours or how well you understand MANNED aviation rules as they have no bearing on this conversation.
D) The rules do NOT state "No flying at night" for hobbyist because it is currently allowed.
E) I don't need to call the FSDO.... I happen to know this topic fairly well but if you want to call the Charlotte FSDO and get clarification you're more than welcome to. They will transfer you to me so I can send out the educational materials you need for sUAS Regulations in the NAS.

How about educating all of us and show us where the regulations state Hobby Flights at night are restricted and then also show us uneducated pilots how a hobbyist is then able to acquire a waiver to fly at night? We are all here to learn and I'd appreciate you linking us to the information to support your bold statements.

 

[Ralph thompson]

You can fly at night in Canada with a registered drone and a basic license (could be considered to be a recreational license). VLOS still applies, you must have lights and you must have consider all the risk items. I’d say a hazardous undertaking unless your very experienced and have done a survey in daylight hours.