FAA Website Form

niftydriftyprod · Dec 30, 2017

Hello everyone! I fly as a hobbyist and I called my local ATC and asked for permission to fly my Mavic Pro for 30 minutes at 350'. He granted permission for this one time. He then told me that before flying within 5 miles of the airport I will have to fill out a form on the FAA website. Is THIS the form? I thought only 107 holders had to fill out that form.

Capt. Oveur · Dec 30, 2017

You are correct. Pertains to 107 only.

Capt. Oveur · Dec 30, 2017

Technically, you don’t need permission. You just have to notify them.

niftydriftyprod · Dec 30, 2017

Capt. Oveur said:
You are correct. Pertains to 107 only.

He said that next time I call I need to have the form completed. Perhaps I should see about getting a letter from the FAA telling me this so I can forward it to my local airport.

Capt. Oveur said:
Technically, you don’t need permission. You just have to notify them.

My ATC seems to think that I have to ask them for permission. I really wish there was a straight forward set of rules. FAA told me I had to call the heliports for flying my mavic. Yet when I asked the ATC he said that I do not. There is way too much confusion.

sar104 · Dec 30, 2017

niftydriftyprod said:
Hello everyone! I fly as a hobbyist and I called my local ATC and asked for permission to fly my Mavic Pro for 30 minutes at 350'. He granted permission for this one time. He then told me that before flying within 5 miles of the airport I will have to fill out a form on the FAA website. Is THIS the form? I thought only 107 holders had to fill out that form.

That is a Part 107 authorization/waiver request form for flying in controlled airspace, but it is not determined by distance from an airport - only airspace class.

Did you call ATC because you are within 5 miles of an airport? And did you explain that you are flying under Part 101? And, as mentioned above, if you are within 5 miles of an airport then you are technically not asking for permission - just notifying and giving the airport a chance to object for safety reasons.

sar104 · Dec 30, 2017

niftydriftyprod said:
He said that next time I call I need to have the form completed. Perhaps I should see about getting a letter from the FAA telling me this so I can forward it to my local airport.

My ATC seems to think that I have to ask them for permission. I really wish there was a straight forward set of rules. FAA told me I had to call the heliports for flying my mavic. Yet when I asked the ATC he said that I do not. There is way too much confusion.

Don't trust what individual airports or ATC personnel tell you. The requirements are perfectly clear as set out in 14 CFR 101.41:

§101.41 Applicability.
This subpart prescribes rules governing the operation of a model aircraft (or an aircraft being developed as a model aircraft) that meets all of the following conditions as set forth in section 336 of Public Law 112-95:

(a) The aircraft is flown strictly for hobby or recreational use;

(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;

(c) 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;

(d) The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; and

(e) 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.

The FAA defines any location conducting aircraft operations (takeoff and landing) as an airport for the purposes of this requirement.

niftydriftyprod · Dec 30, 2017

sar104 said:
That is a Part 107 authorization/waiver request form for flying in controlled airspace, but it is not determined by distance from an airport - only airspace class.

Did you call ATC because you are within 5 miles of an airport? And did you explain that you are flying under Part 101? And, as mentioned above, if you are within 5 miles of an airport then you are technically not asking for permission - just notifying and giving the airport a chance to object for safety reasons.

Yes, I called because I am just barely at the 5 mile mark of the airport and I do not want any issues with the FAA as this was my first time flying the drone. I told the ATC that I was flying as a hobbyist. He proceeded to tell me that I need to fill out the form even as a hobbyist. I just said okay so I could go out and fly. He also asked me where I'm flying, what time I will be flying, and how long I would be flying. He also took my phone number so that he could call me if there was any helicopters coming my way. He was super nice and friendly. I just feel that they are uninformed and I think that will be a problem for the next time I call and tell him that ill be flying. I will let him know about the part 101 and have it readily available to recite if he has any questions.

niftydriftyprod · Dec 30, 2017

sar104 said:
(e) 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.

The FAA defines any location conducting aircraft operations (takeoff and landing) as an airport for the purposes of this requirement.

So I do not have to call the hospital or the emergency hospital that have helicopter pads because they do not have air traffic control facilities?

sar104 · Dec 30, 2017

niftydriftyprod said:
So I do not have to call the hospital or the emergency hospital that have helicopter pads because they do not have air traffic control facilities?

No - that's not correct. The "...(when an air traffic facility is located at the airport) with prior notice of the operation" clause simply means that you only call the tower if the facility has a tower. You have to call the operator either way.

Capt. Oveur · Dec 31, 2017

Thanks @sar104 for the clarification. Well done.

niftydriftyprod · Dec 31, 2017

I just called the sanford ATC to let them know ill be flying today. he said to call back in 15 minutes so I can talk to a supervisor. ughhhhhh. why is it so difficult?

Capt. Oveur · Dec 31, 2017

By ATC, do you mean the tower at the airport? Just tell 'em where and when you're flying (outside the no fly zone) and keep it under 400 ft. You'll be fine.

sar104 · Dec 31, 2017

niftydriftyprod said:
I just called the sanford ATC to let them know ill be flying today. he said to call back in 15 minutes so I can talk to a supervisor. ughhhhhh. why is it so difficult?

There is no requirement to call back. You are notifying the tower - that's all - and they can object or not. If they want to talk further then they can call you back.