Flying over cars and houses

[BigAl07]

Then please tell me who controls the airspace, I guess now it's congress. You need a waiver to fly over people and vehicles. per the FAA. Check this link dated Jul 2021 about flying over people. Drone Regulations: What You Need to Know.

No your right, your still subject to FAA rules

Just so you know, you're arguing with people heavily involved in UAS Regulations who Eat, Sleep, Breathe, and TEACH it on many levels. You've been given links and EXCELLENT advice and I've even tagged Greg with Pilot's Institute for his input.

 

[dap455]

Just so you know, you're arguing with people heavily involved in UAS Regulations who Eat, Sleep, Breathe, and TEACH it on many levels. You've been given links and EXCELLENT advice and I've even tagged Greg with Pilot's Institute for his input.

Thank you, but I am not arguing, I am stating what I have learned in the course that I used to pass my part 107. I don't mean to come off as arguing with anyone, sorry if that's the way it came off.

 

[dap455]

Ummmm you're incorrect and IF @pilotinstitute material says exactly that he will correct it but I believe you're taking it out of context.

Remember you said, "Pilotinstitute.com website Part 107 course" which is focused on Part 107 Regulations. Regulations for Part 107 and ~44809 are not identical and those subtle differences are exactly where you're failing to comprehend. Regardless how your UAS is registered YES you have to follow FAA Regulations but they aren't the SAME. If you register under Commercial (P107) and you FLY under Commercial (P107) you are liable for all of Part 107 unless you are operating under a Waiver etc. If you register under the Recreational side (~44809) then you are held accountable for exactly what is noted in ~44809. The CAVEAT is if you do not follow every aspect of ~44809 you are operating under Part 107 (by default) and accountable for all of Part 107.

So yes you are "subject to FAA regulations" but which set is the key factor. Flying under Recreational ~44809 does not make your accountable for Part 107 unless you burst the protective bubble of ~44809.

Just for clarity I'm linking to the 49 USC 44809: Exception for limited recreational operations of unmanned aircraft (which is accurate and current as of 10/19/2021)

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44809&num=0&edition=prelim

Notice in the link above Flying Over People is not mentioned. While it COULD be mentioned in the CBO you're following, that doesn't make it mandatory for all other UAS operators who might be following a different set of rules from another CBO. The trick is, if the CBO you're citing mentions/regulates Flying Over People then you are to follow those to a "T" (otherwise you're flying under Part 107 by default) but if your CBO doesn't address Flying Over People then you're good to go so long as you are safe and follow ALL other rules pertaining to your CBO and ~44809.

I apologize if I misspoke, this is my understanding from everything I have studied. I guess I need to do some more reading. Thank You for the links I will surely read them all.

 

[dap455]

I am part 107.

There are two sets of rules. Recreational rules and Part 107 rules.

You can fly recreationally or any other reason under part 107 rules but you can only fly recreationally using recreational rules. I would have taken what your flight school was saying as flying recreationally under part 107 rules. Not flying under recreational rules which isn’t part of the part 107 test other than some brief mentions.

The reason there are two different sets of rules is because the FAA wrote the Part 107 rules and the recreational rules were written by Congress. They are meant to be a simpler so the average joe can understand them after spending the 90 seconds most people’s attention span lasts.

You can read about the recreational carve out and see the rules here on the FAA’s website

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

I apologize my remarks were not meant to start problems or argue. I am just very firm with the rules and that is what I learned in all my studying for my test. Still learning here..

 

[BigAl07]

Then please tell me who controls the airspace, I guess now it's congress. .....

Do you know who gives the FAA (which is part of the Department of Transportation) their power? The FAA Administrator reports to the Secretary of Transportation.

This power was given by the US Congress via the Federal Aviation Act of 1958 back in 1958....... The act empowered the FAA to oversee and regulate SAFETY in the airline industry and the use of American airspace by both military aircraft and civilian aircraft.

 

[dap455]

Do you know who gives the FAA (which is part of the Department of Transportation) their power? The FAA Administrator reports to the Secretary of Transportation.

This power was given by the US Congress via the Federal Aviation Act of 1958 back in 1958....... The act empowered the FAA to oversee and regulate SAFETY in the airline industry and the use of American airspace by both military aircraft and civilian aircraft.

Understood

 

[brett8883]

Then please tell me who controls the airspace, I guess now it's congress. You need a waiver to fly over people and vehicles. per the FAA. Check this link dated Jul 2021 about flying over people. Drone Regulations: What You Need to Know.

No your right, your still subject to FAA rules

Yes ultimately Congress is who make laws. The FAA is a Federal regulatory body and do not have the ability to make or overrule laws. They were granted powers in the The Federal Aviation Act of 1958 to make regulations on behalf of Congress but Congress could take away this power tomorrow if they so choose.

The recreation rules were part of the FAA reauthorization act of 2018 which is a law that was signed by President Trump. Effectively this law limited the FAAs power to regulate drones flown for recreational purposes.

I wouldn’t use PCMag.com as your resource to understand drone regulations

 

[brett8883]

Do you know who gives the FAA (which is part of the Department of Transportation) their power? The FAA Administrator reports to the Secretary of Transportation.

This power was given by the US Congress via the Federal Aviation Act of 1958 back in 1958....... The act empowered the FAA to oversee and regulate SAFETY in the airline industry and the use of American airspace by both military aircraft and civilian aircraft.

Dang it you beat me to it while I was typing

 

[dap455]

Yes ultimately Congress is who make laws. The FAA is a Federal regulatory body and do not have the ability to make or overrule laws. They were granted powers in the The Federal Aviation Act of 1958 to make regulations on behalf of Congress but Congress could take away this power tomorrow if they so choose.

The recreation rules were part of the FAA reauthorization act of 2018 which is a law that was signed by President Trump. Effectively this law limited the FAAs power to regulate drones flown for recreational purposes.

I wouldn’t use PCMag.com as your resource to understand drone regulations

I do apologize for being out of line. I see pilots breaking the rules all the time. I need to look a little more into the faa docs. Truely did not mean to offend.

 

[brett8883]

I do apologize for being out of line. I see pilots breaking the rules all the time. I need to look a little more into the faa docs. Truely did not mean to offend.

It’s all good. I didn’t take offense.

 

[BigAl07]

I do apologize for being out of line. I see pilots breaking the rules all the time. I need to look a little more into the faa docs. Truely did not mean to offend.

No offense taken and I'm confident that @brett8883 (as he states above) is in the same boat. We aren't taking any of this personally but we are deeply "invested" in this industry and have spent a lot of time tryin to understand the regulations of our industry. Some of us decades with the emphasis being on the last decade as before that we were a self regulating industry and the Feds pretty much didn't even look our way. With the advent of VTOL, Gyro stabilization, GPS Guidance, and very advanced onboard Flight Controllers we no longer need long manicured runways, fields for days, and are now able to fly (I say fly very loosely) from anywhere to anywhere.

Some of us find it VERY important to try and get the more accurate and up-to-date information on the forum for Rules & Regulations and it only takes a moment for a slight misunderstanding to snowball into total falsehood and bad information. That's the reason why I (and probably the others above too) spend so much time and effort to not only correct misinformation but to cite sources and such so that others can read and become better informed along the way. We're all lumped into this situation as ONE whether we like it or not

 

[dap455]

No offense taken and I'm confident that @brett8883 (as he states above) is in the same boat. We aren't taking any of this personally but we are deeply "invested" in this industry and have spent a lot of time tryin to understand the regulations of our industry. Some of us decades with the emphasis being on the last decade as before that we were a self regulating industry and the Feds pretty much didn't even look our way. With the advent of VTOL, Gyro stabilization, GPS Guidance, and very advanced onboard Flight Controllers we no longer need long manicured runways, fields for days, and are now able to fly (I say fly very loosely) from anywhere to anywhere.

Some of us find it VERY important to try and get the more accurate and up-to-date information on the forum for Rules & Regulations and it only takes a moment for a slight misunderstanding to snowball into total falsehood and bad information. That's the reason why I (and probably the others above too) spend so much time and effort to not only correct misinformation but to cite sources and such so that others can read and become better informed along the way. We're all lumped into this situation as ONE whether we like it or not

I totally understand, I try to keep up-to-date on regulations and abide by them all. I appreciate the feedback and that was a misunderstanding on my part. Thanks for the guidance..