FAA Regulations for Hobbyists - The Latest.

sar104 · Dec 23, 2017

FLYBOYJ said:
Hmmm, that's not what I'm getting from the Feds (at least the ones I deal with in my part of the world), ALL controlled airspace (A,B,C,D and E) is off limits (except with permission), to include Part 101 operations. The rationale was "required equipment" for aircraft (to include Unmanned aircraft under FAR 1), especially those operating within the 30 mile ring of a class B airport.

It should be, but that's not what the law says and it is not really even ambiguous. It's clear if you just consider the Part 101 requirement for flying within 5 miles of an airport - notify the airport. The class of airspace does not affect whether you can fly, unlike under Part 107. They have tried to exclude Part 101 from Class B on the basis that there was an existing rule governing air traffic entering Class B airspace without authorization, but even that is a stretch. The only way they can go after a Part 101 pilot in controlled airspace is either to argue that they are endangering the NAS (that's a Part 101 provision) or that they somehow are not covered by Part 101, and then it just defaults to Part 107 rules.

FLYBOYJ · Dec 23, 2017

sar104 said:
It should be, but that's not what the law says and it is not really even ambiguous. It's clear if you just consider the Part 101 requirement for flying within 5 miles of an airport - notify the airport. The class of airspace does not affect whether you can fly, unlike under Part 107. They have tried to exclude Part 101 from Class B on the basis that there was an existing rule governing air traffic entering Class B airspace without authorization, but even that is a stretch. The only way they can go after a Part 101 pilot in controlled airspace is either to argue that they are endangering the NAS (that's a Part 101 provision) or that they somehow are not covered by Part 101, and then it just defaults to Part 107 rules.

Agree with most of your points, HOWEVER, as you stated they will use the "endangering the NAS" argument to bring enforcement against someone who is blatantly flying in controlled airspace without making contact with the using agency. An argument for B airspace would be the requirement for a transponder, but there are exceptions:

Aircraft not originally certificated with an engine-driven electrical system or subsequently have not been certified with such a system installed, balloons, or gliders may conduct operations:

In the airspace within 30 nautical miles of the listed airports as long as operations are conducted:

Outside of Class A, B, and C airspace.
Below the altitude of the ceiling of a Class B or Class C airspace area designated for an airport, or 10,000 feet msl, whichever is lower.
Above 10,000 feet msl (excluding airspace above the lateral limits of Class B and C airspace).

FLYBOYJ · Dec 23, 2017

I believe some of the initial major violations brought against unapproved commercial operators in NYC and Chicago included unapproved operations is Class B airspace and lack of a transponder.

sar104 · Dec 23, 2017

FLYBOYJ said:
I believe some of the initial major violations brought against unapproved commercial operators in NYC and Chicago included unapproved operations is Class B airspace and lack of a transponder.

Makes sense, but of course they would not have been covered by Part 101 anyway due to commercial operations.

FLYBOYJ · Dec 23, 2017

sar104 said:
Makes sense, but of course they would not have been covered by Part 101 anyway due to commercial operations.

True, also before the summer of 2016

sar104 · Dec 23, 2017

FLYBOYJ said:
True, also before the summer of 2016

True since 2012 when Public Law 112-95, Section 336 was enacted.

serpa4 · Dec 29, 2017

FAR 101.41(b)The aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization.

To me this means I don't have to join AMA, on fly according to their guidelines???
Is there ANY other organization to follow or even join besides AMA?

beachcombing · Dec 29, 2017

serpa4 said:
FAR 101.41(b)The aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization.

To me this means I don't have to join AMA, on fly according to their guidelines???
Is there ANY other organization to follow or even join besides AMA?

You don't have to join AMA. Just fly according to its guidelines.

pftarch · Dec 29, 2017

serpa4 said:
FAR 101.41(b)The aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization.

To me this means I don't have to join AMA, on fly according to their guidelines???
Is there ANY other organization to follow or even join besides AMA?

I found this one (Drone User Group) with a different set of safety standards:

http://droneusergroup.net/legal/safety-code/

saboken · Jan 5, 2018

pftarch said:
I found this one (Drone User Group) with a different set of safety standards:

http://droneusergroup.net/legal/safety-code/

I like there guidelines better than the FAA they have a few extra that just make sense especially for new pilots!

FLYBOYJ · Jan 5, 2018

Be advised that as of right now (and as far as I know) the only "community based organization" that has recognition from the FAA is the AMA. Could that make a difference in a legal proceeding? I guess that would be up to the judge. Despite this I like their approach.

saboken · Jan 5, 2018

FLYBOYJ said:
Be advised that as of right now (and as far as I know) the only "community based organization" that has recognition from the FAA is the AMA. Could that make a difference in a legal proceeding? I guess that would be up to the judge. Despite this I like their approach.

Yea those guidelines are exactly the same as the ama but with a few more! Taking extra precaution is better than just the bare minimum, there’s no rule with the ama that says a pilot needs a certain number of hours before say using a autonomous mode but it’s good advice to learn to fly it for a while before preforming tricks, again they are really guidelines not laws (not yet!) the FAA took the AMA guidelines and said “This is good advice follow it!” But in the end use your brain and don’t do anything stupid!

FLYBOYJ · Jan 5, 2018

Something came across my radar today - Ken Huerta, the current head of the FAA is leaving. In 2014 he issued the "Interpretation of the Special Rule for Model Aircraft." This is basically the Feds marching orders with regards to model drone ops.

https://www.faa.gov/uas/media/model_aircraft_spec_rule.pdf

With him gone and a new administrator assigned, will we see this edited or even rescinded? Maybe another interpretation more restrictive? I guess time will tell!!