Few "General Classification" Questions

[eEridani]

Yes I have completed this.

Yes this has been done. Also registered with the FAA as a Recreational Use drone. I've done all the legality stuff to my knowledge, this thread was moreso for me to make sure I have all my "CAN" and "CANNOTs" figured out

You're better prepped than many. I'm new at this drone rule stuff myself - and I've spent way too much time trying to understand the details by digging into the laws. So many actual FAA rules are interpreted so many ways it gets silly. You can find conflicts at separate FAA web pages or even from two different FAA personnel answering consumer questions.

One thing though - keep 14 CFR Part 107 rules completely separate from the Exception for Limited Operation of Unmanned Aircraft USC 44809. There is no overlap. At least - that was what the FAA has told me directly.

 

[DoomMeister]

I was responding to

And later asked:



From the FAA:

What is a Recreational Flight?​

Many people assume that a recreational flight is one that is not operated for a business or any form of compensation. But, that's not always the case. Financial compensation, or the lack of it, is not what determines if the flight is recreational or commercial. The following information can be used to help you determine what rules you should be operating under. Remember, the default regulation for drones weighing under 55 pounds is Part 107. The exception for recreational flyers only applies to flights that are purely for fun or personal enjoyment. When in doubt, fly under Part 107.

• Note: Non-recreational purposes include things like taking photos to help sell a property or service, roof inspections, or taking pictures of a high school football game for the school's website. Goodwill or other non-monetary value can also be considered indirect compensation. This would include things like volunteering to use your drone to survey coastlines on behalf of a non-profit organization. Recreational flight is simply flying for fun or personal enjoyment.

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

And recording his son’s soccer game for family viewing is “recreational” just like recording it with a cell phone. As long as he flies safely and does not overfly people he should have no problems.

This privacy issue is the biggest farce in this day and age. We are recorded from every angle by traffic cams, security cams, satellite sensors, other people’s cameras and cell phones, and the list goes on. A drone is nothing more than an airborne camera and basically sees nothing more than a neighbor from there second story window.

Most laws were written to prohibit surveillance from a drone. I don’t think that means snapping a photo of a pool that can be seen on Google Maps/Earth if the imagery is recent enough. It was intended to prevent monitoring for code violations or spying on your neighbor. Many states have enacted legislation that requires a search warrant for police use of a drone for surveillance.

 

[Jgruberman]

And recording his son’s soccer game for family viewing is “recreational” just like recording it with a cell phone. As long as he flies safely and does not overfly people he should have no problems.

This privacy issue is the biggest farce in this day and age. We are recorded from every angle by traffic cams, security cams, satellite sensors, other people’s cameras and cell phones, and the list goes on. A drone is nothing more than an airborne camera and basically sees nothing more than a neighbor from there second story window.

Most laws were written to prohibit surveillance from a drone. I don’t think that means snapping a photo of a pool that can be seen on Google Maps/Earth if the imagery is recent enough. It was intended to prevent monitoring for code violations or spying on your neighbor. Many states have enacted legislation that requires a search warrant for police use of a drone for surveillance.

This is an interesting point you brought up and got me thinking. Is it really a problem if the photo/video could be taken by another device just the same, OR the image is already available on Google Maps/Earth?

I do agree that majority of this legislature is designed for privacy and protection. I would think that most RESPONSIBLE drone operators are maintaining a general level of courtesy and respect regardless, i.e. not flying into other peoples yards and looking around, not flying in close proximity to people, not using it for surveilling/monitoring a person or location, etc... I feel that as long as operators can be respectful and abiding of common laws, then there shouldn't be too many issues.

 

[Vic Moss]

I'm thinking it's time to post this again. My FAA contacts thanked me for writing this, and have actually sent people to this article when the question arises.

It's been updated since it was first published in April. The last part of the puzzle is CBO development, and once that's a reality, I'll add that.

Hobby v. 107: Unscrambled - Drone Service Providers Alliance

Why does it seem so difficult for some people to understand the very marked difference between the FAA’s “hobby” rules and “commercial” rules when it comes to UAS (drone) flights in the National Airspace System (NAS)? Our rules could not be any more clear. It seems human nature wants to default...

dspalliance.org

 

[MAvic_South_Oz]

This came up in another thread, and I just posted this reply there too . . . I was curious if in the US a flight to check ones own roof / gutters would require part 107.
I emailed the FAA (today) with that very question (asking from a US generic email in a general sense), Steve at UAS hep desk replied . . .

-------------

There is only one rule for operating small UAS (under 55 pounds) in the U.S. National Airspace System. That law is 14 CFR Part 107. There is a limited statutory exception (a "carve out") to the law which, under certain circumstances, allows operation for the sole purpose of recreation.

Many people erroneously believe if they are not being directly paid for their flight then they don't need a Part 107 remote pilot certificate. Financial compensation, or the lack of it, is not the determinant for the type of operation you are conducting.

If you want to use your drone to check your own gutters, that may not be purely a recreational activity, but it is innocuous enough.

On the other hand, if your neighbor then asks if you inspect his gutters, now you are performing a service for another party. Or if a gutter cleaning service asked you to provide a "before and after" set of photos for their website, then you governed by Part 107.

-------------

To me that is neither a yes or no, checking own gutters / roof is not purely recreational, but then the reply more or less said the FAA don't really care.

 

[NDWildBill]

Since we are talking about Texas here, have they set a bounty for turning someone in?

 

[eEridani]

I'm thinking it's time to post this again. My FAA contacts thanked me for writing this, and have actually sent people to this article when the question arises.

It's been updated since it was first published in April. The last part of the puzzle is CBO development, and once that's a reality, I'll add that.

Hobby v. 107: Unscrambled - Drone Service Providers Alliance

Why does it seem so difficult for some people to understand the very marked difference between the FAA’s “hobby” rules and “commercial” rules when it comes to UAS (drone) flights in the National Airspace System (NAS)? Our rules could not be any more clear. It seems human nature wants to default...

dspalliance.org

Vic - who are your contacts at the FAA?

And no intent to diminish your work or your efforts - but it is YOUR work, not published rules or interpretations written by the FAA; and therefore will not hold up in court.

 

[Smooth Rhythm]

Welcome to the MavicPilots forum, and thanks for your engaging query which, as usual, bought out the expert analysis from Vic and others. Enjoy, and happy flying!

 

[Jgruberman]

Welcome to the MavicPilots forum, and thanks for your engaging query which, as usual, bought out the expert analysis from Vic and others. Enjoy, and happy flying!

Always glad to keep some interesting conversation going, while hopefully learning in the process

 

[Jgruberman]

Since we are talking about Texas here, have they set a bounty for turning someone in?

No they haven't. On an unrelated note, I never introduced myself here. Hello, my name is Bob Smith and my address is 123 Fake St.