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Don't have your FAA Part 107? You might be flying illegally even if for recreation purposes

SpyderSkeets

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Im not sure if Im reading this correctly, but in reading over the FAA Reauthorization Act of 2018, it states that

‘‘§44809. Exception for limited recreational operations of unmanned aircraft ‘‘(a) IN GENERAL.—Except as provided in subsection (e), and notwithstanding chapter 447 of title 49, United States Code, a person may operate a small unmanned aircraft without specific certification or operating authority from the Federal Aviation Administration if the operation adheres to all of the following limitations: ‘‘(1) The aircraft is flown strictly for recreational purposes. ‘‘(2) The aircraft is operated in accordance with or within the programming of a community-based organization’s set of safety guidelines that are developed in coordination with the Federal Aviation Administration. ‘‘(3) The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co- located and in direct communication with the operator. ‘‘(4) The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft. ‘‘(5) In Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, the operator obtains prior authorization from the Administrator or designee before operating and complies with all airspace restrictions and prohibitions. ‘‘(6) In Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace restrictions and prohibitions. ‘‘(7) The operator has passed an aeronautical knowledge and safety test described in subsection (g) and maintains proof of test passage to be made available to the Administrator or law enforcement upon request. ‘‘(8) The aircraft is registered and marked in accordance with chapter 441 of this title and proof of registration is made available to the Administrator or a designee of the Administrator or law enforcement upon request.

Am I understanding this correctly?
 
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i have a faa number that says if I fly with a little thought behind what I’m doing and refrain from doing stupid stuff, I’m legal. When they send me something ( they have an email address for me and my toys) that tells me I need to add to the pot (their dwindling bank account) to stay legal, I’ll be waiting. Until then, I’ll just keep on keeping on.
 
Think of all the things in life you have done that were illegal how much fun and joy they brought! My list is rather long and no regrets!


I was going to post that I flew two feet past vls, but I didn’t want to stir up the drone police. And went past the speed limit in my truck the other day.

You two keep on and the forum police are gonna give you a time out. LOL
 
That section does not refer to the part 107 test. The FAA is going to have to design a new test that will undoubtedly cover some of the same subjects as the 107 but presumably be less intense. See subsection g referred to in the part you quoted.
 
That section does not refer to the part 107 test. The FAA is going to have to design a new test that will undoubtedly cover some of the same subjects as the 107 but presumably be less intense. See subsection g referred to in the part you quoted.

^^^^
This!

The OP quoted a section of the NEW law (passed in September 2018) that applies to recreational/hobbyist UAS operation. The FAA hasn't unveiled the new mandatory aeronautical knowledge test yet.

His quote has NOTHING to do with part 107.

I hope the aeronautical knowledge test (for hobbyist drone pilots) is actually difficult to pass. I hope it requires study. I hope such difficulty and study deters a lot of people from buying a drone.

Mark
 
I recall when activated my Mavic Pro at some point DJI forced me to take a rather simplistic quiz to continue to fly. IMHO something of that nature would not be obtrusive at all if it were part of the FAA registration process.
 
I recall when activated my Mavic Pro at some point DJI forced me to take a rather simplistic quiz to continue to fly. IMHO something of that nature would not be obtrusive at all if it were part of the FAA registration process.

Please, no. It must be difficult, requiring actual study to pass.

Mark
 
^^^^
This!

The OP quoted a section of the NEW law (passed in September 2018) that applies to recreational/hobbyist UAS operation. The FAA hasn't unveiled the new mandatory aeronautical knowledge test yet.

His quote has NOTHING to do with part 107.

I hope the aeronautical knowledge test (for hobbyist drone pilots) is actually difficult to pass. I hope it requires study. I hope such difficulty and study deters a lot of people from buying a drone.

Mark

I am of two minds about that. The problem is that the FAA act bundles two very different aircraft together and treats them both the same.

On the one hand are the quads with FPV which have gained such popularity and the use and misuse of these has caused most of the problems. Because of the FPV capability they can be flown much beyond line of sight and with most being capable of aerial videography or photography operators want to take videos or photos in places that create potential danger to others.

On the other hand there are the radio controlled airplanes and helicopters that rc hobbyists have been flying for decades. I fly both. Very few of these are equipped for FPV and are strictly flown in LOS. These do not cause the problems that FPV quads do and they should be treated differently. Most are flown from radio control club fields removed from airports. For the most part they fly within a quarter mile or so in order to maintain visual perception of the aircraft’s orientation which is very necessary to fly successfully and avoid crashing what can be expensive aircraft and generally are flown less than 400 feet in altitude. Many of these rc pilots are older and do not need to know as much about the national airspace and its rules as an FPV pilot flying at much greater distances and potential altitudes. After decades of flying safely they are being required to take a test about things they really don’t need to know to continue flying and that seems to me unfair most every rc hobbyist I know takes the AMA rules as gospel. They quickly point out to others at the field any transgressions of the AMA rules. They have safely self policed for decades.

As to the FPV pilots I am in favor of a test which actually requires substantial knowledge of the rules about national airspace safety.
 
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^^^^
This!

The OP quoted a section of the NEW law (passed in September 2018) that applies to recreational/hobbyist UAS operation. The FAA hasn't unveiled the new mandatory aeronautical knowledge test yet.

His quote has NOTHING to do with part 107.

I hope the aeronautical knowledge test (for hobbyist drone pilots) is actually difficult to pass. I hope it requires study. I hope such difficulty and study deters a lot of people from buying a drone.

Mark


Oh I hope so too! I hope they make it so hard no one can pass it and I hope no one can buy another drone and I hope just before going out of business DJI sends out a “kill” signal and fries the hardware and software of every drone ever made then everyone would be happy correct? How pathetic!
 
I'd really like to see a performance test (actual flight test under ATTI mode) for those seeking part 107 certification. To me it is incredible that anyone with zero flight time can take a book test and go fly for financial gain.

Consider that, just maybe, the reason there is currently no practical flight test is because the current safety record shows that there is no need for one. About then only way to improve on the current safety record would be if someone figures out how to make flying a drone cause reincarnation.

Nick
 
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