IMPORTANT USA LAW CHANGE: Section 336 is GONE - It's Fly for Fun: Part 101e

[crw92662]

The law pertaining to recreational operations has changed as of Oct 5th, 2018 with the signing of the FAA Reauthorization Act of 2018. Sec. 349 subsection (a) states that all recreational operations within Class B, C, D and the lateral boundaries of the surface area of Class E airspace require prior authorization.

BLUF: Before you only had to notify your airport if within 5 miles. Now you have to get authorized.

We should be clear on this forum that section 336 no longer applies and should not be used as it will draw further confusion in a already fast changing regulatory landscape.

I recommend you find out who your local ATC contact and get a smooth relationship with them (if you want to play by the rules). I know in St. Paul they use LAANC which pre clears you immediately as long as you fly below the stated ceiling for the area you are flying. Some it is 100ft... 200ft.. 400 ft etc.

Tough times but it is easy enough to do just takes lots of extra steps to get cleared.

 

[BD0G]

Here is a link to the list of participating LAANC Airports that can be referenced to determine if any in the area provide LAANC services. FAA Facilities Participating in LAANC

Airmap is a great application that allows one to apply for LAANC authorization and potentially be approved in near real time.
Airspace Authorization

 

[Thomas B]

Been using Airspace to file plan/ get approval for a while. Takes <30 seconds. You have to give it time you’ll start, altitude (I just use max <400ft), time you’ll take off, planned length of flight (I always enter the time it would take me to drain every battery), and the distance from your GPS located position that you will fly. App is free, not my fav overall, but very quick and easy for filing your flight plan. I am only in potential airspace of 2 smaller local and regional airports which are not on the LAANC posted list in the message above, but it works, so the airports must have been added as both have towers. It gives you information to review before flying... Maybe 40 sec review. My experience with these airports is instant approval, but I am not getting closer than 4-4.5 miles of either. App shows area you are applying for in real-time also.

Anyway, point is it’s not difficult to satisfy legal requirements. Painless to play by the rules.

 

[Hek]

Been using Airspace to file plan/ get approval for a while. Takes <30 seconds. You have to give it time you’ll start, altitude (I just use max <400ft), time you’ll take off, planned length of flight (I always enter the time it would take me to drain every battery), and the distance from your GPS located position that you will fly. App is free, not my fav overall, but very quick and easy for filing your flight plan. I am only in potential airspace of 2 smaller local and regional airports which are not on the LAANC posted list in the message above, but it works, so the airports must have been added as both have towers. It gives you information to review before flying... Maybe 40 sec review. My experience with these airports is instant approval, but I am not getting closer than 4-4.5 miles of either. App shows area you are applying for in real-time also.

Anyway, point is it’s not difficult to satisfy legal requirements. Painless to play by the rules.

I'm not aware of an app named Airspace... did you mean AirMap or can you give a bit more info for Airspace? Thank You.

 

[sar104]

I haven't seen anything suggesting that the FAA has yet modified 14 CFR Part 101 to incorporate the changes. The current published version of 14 CFR Part 101 subpart E has not changed. The top level FAA website page on recreational flight does now refer to airspace but doesn't give any indication how to apply for authorization to fly in non-Class G. And the page that describes the process for flying near airports still references the Section 336 five-mile rule. LAANC is not (yet) available to non-Part 107 pilots. Previously the FAA website clearly stated to follow the old rules during the transition period, but now it is not doing a very good job clarifying the situation at all.

 

[BD0G]

I'm not aware of an app named Airspace... did you mean AirMap or can you give a bit more info for Airspace? Thank You.

Airmap gives Airspace Authorization. One and the same.

 

[BigAl07]

The law pertaining to recreational operations has changed as of Oct 5th, 2018 with the signing of the FAA Reauthorization Act of 2018. Sec. 349 subsection (a) states that all recreational operations within Class B, C, D and the lateral boundaries of the surface area of Class E airspace require prior authorization.

BLUF: Before you only had to notify your airport if within 5 miles. Now you have to get authorized.

We should be clear on this forum that section 336 no longer applies and should not be used as it will draw further confusion in a already fast changing regulatory landscape.

I recommend you find out who your local ATC contact and get a smooth relationship with them (if you want to play by the rules). I know in St. Paul they use LAANC which pre clears you immediately as long as you fly below the stated ceiling for the area you are flying. Some it is 100ft... 200ft.. 400 ft etc.

Tough times but it is easy enough to do just takes lots of extra steps to get cleared.

Easy there bud. Until the new regs are CODIFIED you're still to fly by 336 rules. As soon as the new rules are official then 336 is a done deal.

 

[dawgpilot]

Easy there bud. Until the new regs are CODIFIED you're still to fly by 336 rules. As soon as the new rules are official then 336 is a done deal.

Exactly! The FAA issued a notice saying as much here: FAA Reauthorization Bill Establishes New Conditions for Recreational Use of Drones

The agency is evaluating the impacts of this change in the law and how implementation will proceed. The Reauthorization Act cannot be fully implemented immediately, please continue to follow all current policies and guidance with respect to recreational use of drones:

 

[Lbesing]

Airmap gives Airspace Authorization. One and the same.

AirMap is the name of the app. App Name & type of function are NOT "One and the same." Duh!

 

[dfb]

The law pertaining to recreational operations has changed as of Oct 5th, 2018 with the signing of the FAA Reauthorization Act of 2018. Sec. 349 subsection (a) states that all recreational operations within Class B, C, D and the lateral boundaries of the surface area of Class E airspace require prior authorization.

BLUF: Before you only had to notify your airport if within 5 miles. Now you have to get authorized.

We should be clear on this forum that section 336 no longer applies and should not be used as it will draw further confusion in a already fast changing regulatory landscape.

I recommend you find out who your local ATC contact and get a smooth relationship with them (if you want to play by the rules). I know in St. Paul they use LAANC which pre clears you immediately as long as you fly below the stated ceiling for the area you are flying. Some it is 100ft... 200ft.. 400 ft etc.

Tough times but it is easy enough to do just takes lots of extra steps to get cleared.

So how can that apply to rec flyers? Does EVERYONE now need to pass part 107? The nearest LAANC is hundreds of miles away from my home. Yes it's experimental now, and sounds reasonable except I don't fly with a phone and wonder how that fits in to the rapid response time. This may not have an answer and I've not seen any definitions of prearranged approvals. That sounds easy for commercial flights. They need to schedule to have every one on hand to support the shoot. I am a spontaneous shooter and have no idea today if I will shoot tonight or tomorrow. I'm wondering if I could just block out every hour for the next two weeks? Any penalty, if approved, for not flying during that period?

 

[dawgpilot]

So how can that apply to rec flyers? Does EVERYONE now need to pass part 107? The nearest LAANC is hundreds of miles away from my home. Yes it's experimental now, and sounds reasonable except I don't fly with a phone and wonder how that fits in to the rapid response time. This may not have an answer and I've not seen any definitions of prearranged approvals. That sounds easy for commercial flights. They need to schedule to have every one on hand to support the shoot. I am a spontaneous shooter and have no idea today if I will shoot tonight or tomorrow. I'm wondering if I could just block out every hour for the next two weeks? Any penalty, if approved, for not flying during that period?

Read my comment above. The FAA hasn't implemented the new regulations yet so no one can tell you how recreational flight will function once they do. For now the old rules still apply.