FAA webpage for Recreational Flyers - Night Flying?

[Photo Booth]

The FAA's webpage for Recreational Flyers was updated on March 11, 2021 (in preparation for the rule changes).

Via the Internet WayBack Machine, here is the FAA's Recreational Flyer page as of Feb 16, 2021:

Recreational Flyers & Modeler Community-Based Organizations

web.archive.org

Here is the current FAA Recreational Flyer webpage:

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

Of consideration is the lack of ANY mention of night flying on the new page. The pre-March 11, 2021 page stated:

6. Do not fly at night unless your drone has lighting that allows you to know its location and orientation at all times.

That reference is missing from the new page.

It is rare that I would fly at night but I want to have a clear understanding if, as a recreational/hobbyist flyer, am I still allowed to do so? I have two white strobes on my drone, one on top and one at the back. It is VERY easy to tell the orientation of my drone at night.

The AMA Safety Guide still states that night flying is permitted if you have the proper lighting on the aircraft.

Mark

 

[sar104]

They have changed the web page guidance to reflect the language in the applicable law, 49 U.S.C §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.​

The law specifies limitations, i.e. what you must do to be compliant. There is no limitation in the law on flying recreationally at night, provided that you are operating within CBO guidance which, in this case, would be the AMA Safety Guide.

 

[cgmaxed]

Myself and my local police department are of the understanding that night flights with anti collision lights are not illegal in any way. I read the FAAs newest guidelines. My takeaway was, that night flying for recreational operators is legal with anti collision lights that determine the orientation of the aircraft.I also read that 107 pilots will no longer need a night waiver. "Starting April 21st, 2021, to fly your drone at night, you no longer need to apply for the Part 107.29 Daylight Operations waiver." The reason the FAA gave was that they were being overwhelmed with the sheer number of requests, so they gave in, making it legal with anti collision/ orientation lighting.

Many of those LAANC approval apps are not up to date. For instance, AirMap still states you are violating a night flight rule if it is past sunset, when this is no longer the case. Many apps need to be updated.

 

[BigAl07]

Myself and my local police department are of the understanding that night flights with anti collision lights are not illegal in any way. I read the FAAs newest guidelines. My takeaway was, that night flying for recreational operators is legal with anti collision lights that determine the orientation of the aircraft.I also read that 107 pilots will no longer need a night waiver. "Starting April 21st, 2021, to fly your drone at night, you no longer need to apply for the Part 107.29 Daylight Operations waiver."......

Your local PD needs to reach out tho their LEAP contact if they are wanting to be accurate with UAS Regulations. Your interpretation isn't what they need to rely on.

Part 107 can fly at night AFTER they take the proper training etc. Current Part 107 have to complete the Recurrency Training which will come out (hopefully) 4/6/2021

...... The reason the FAA gave was that they were being overwhelmed with the sheer number of requests, so they gave in, making it legal with anti collision/ orientation lighting.
......

Please CITE your sources for this bold (and badly inaccurate) statement.

What you don't know/realize is that many people in our industry have been working day in and day out WITH the FAA trying to help the FAA revise the rules so they are more consistent, fair, and logical. It has nothing to do with them being overwhelmed etc. The fact is the FAA currently has the most UAS facing employees that it ever has.

 

[cgmaxed]

Your local PD needs to reach out tho their LEAP contact if they are wanting to be accurate with UAS Regulations. Your interpretation isn't what they need to rely on.

Part 107 can fly at night AFTER they take the proper training etc. Current Part 107 have to complete the Recurrency Training which will come out (hopefully) 4/6/2021




Please CITE your sources for this bold (and badly inaccurate) statement.

What you don't know/realize is that many people in our industry have been working day in and day out WITH the FAA trying to help the FAA revise the rules so they are more consistent, fair, and logical. It has nothing to do with them being overwhelmed etc. The fact is the FAA currently has the most UAS facing employees that it ever has.

The FAA didn't come out right and say it directly. But, it is implied that the FAA has decided to reduce Night Flight Restriction and Restrictions over people , IN PART, due to the fact that these are the top 2 most requested waivers the FAA receives. It may not be the only reason, as BigAl07 states, but it may be a significant contributing factor.
--------Citation: Quoted from PILOT INSTITUTE.com----------
"A huge portion of the waivers, or around 95%, were granted for Section 107.29, or drone flight at night. This has been a prevailing trend ever since the FAA started accepting Part 107 waivers. Its dominance over all other waiver types has become even more pronounced with the de-listing of waivers granted for access to controlled airspace."
"The second most common type of waiver granted has been for drone flight over populated areas."
"With more than 3400 waivers approved for night flight, it’s quite apparent that being able to fly drones outside of the daytime limits is very valuable for commercial drone pilots. It’s also easy to see why – there are photography and filmmaking opportunities that are only available at night, and you may also need to do an aerial survey that can take the better part of a day to finish.
Flight over populated areas, although much less significant than flight at night, still represents a large number of waivers that the FAA has approved. As drone flight has become more mainstream, more and more commercial and industrial uses of drones require them to fly over people.
The FAA reacted to these findings by releasing a notice of proposed rulemaking (NPRM) back in January 2019. Among the proposed changes were to allow for drone flight over people and at night without having to request for a waiver. Naturally, there were pre-conditions before such widespread approval can be granted."

.....

 

[cgmaxed]

For those of you interested in Law Enforcement Assistance Program (LEAP). Follow this link. FAA Contacts for Law Enforcement.

 

[dirkclod]

For those of you interested in Law Enforcement Assistance Program (LEAP). Follow this link. FAA Contacts for Law Enforcement.

Thanks for the link .

 

[meezfine]

The latest FAA requirements and TRUST cert exam makes it VERY clear that the drone operator must maintain a LOS of the drone at all times. So much for 10km flights.