Something I discovered as a newbie to the quad copter hobby- Everyone posting here that you have to register your drone with the FAA is completely wrong, unless you have a commercial pilot's license. As hobbyist, you register yourself, not the drone or 15 drones you own. The FAA has no idea what I own whether it be a Phantom 3, 4, Mavic or some 50 pound behemoth.
When you register and pay your $5 there is no place to list what drones you own. So they have no idea. All they required of you is if the drone you intend to fly weighs more than 250 grams, you must register AS A PILOT.
Then along comes this Lawyer,John Taylor, who wishes to fight the registration for hobbyists because he found the FAA violated the law, got a ruling in the Appeals court. The court ruled that the FAA could not regulate Hobbyist drone pilots. So the way I could see this is that if I fly as a hobbyist, there are no restrictions. Right? Wrong!
The FAA Modernization and Reform Act also includes a section stating that the FAA can still “pursue enforcement action against persons operating model aircraft who endanger the safety of the national airspace system.”
To be legal as of the court ruling, don't bother to register anymore, but: follow these guidelines: There is no 400 ft rule in the limits. BUT it's your responsibility not to cause harm to other aircraft in the upper airspace they are authorized to fly in.
SEC. 336. 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; (2) flown within visual line of sight of the person operating the aircraft; and (3) flown for hobby or recreational purposes.
