Lost drone after 3 days..

[msinger]

does not apply to recreational, correct?

It will as soon as the FAA starts enforcing the FAA Reauthorization Act of 2018.

 

[bonzo]

so as of now, recreational fliers can legally fly above 400', thanks.

 

[msinger]

so as of now, recreational fliers can legally fly above 400', thanks.

That's correct. You still must fly within VLOS though.

 

[bonzo]

of course

 

[DanMan32]

Since October, I would not chance on it being the great suggestion.

 

[Drifter]

Not sure on your rules but here in the UK 400 ft is the max

 

[Robert Droner]

so as of now, recreational fliers can legally fly above 400', thanks.

The 400" limit is for all pilots, recreation and commercial. This went into effect with the 2018 revision to the rules. It is law now for all drone flights.

 

[sar104]

The 400" limit is for all pilots, recreation and commercial. This went into effect with the 2018 revision to the rules. It is law now for all drone flights.

No - it isn't - not until the FAA revises 14 CFR. You need to read Section 380.

 

[Robert Droner]

I stand corrected, thank you Sar.

 

[DanMan32]

That section is quite loosly worded.
I still stand on if it can logistically be enforced as things are, then they might just do that.
No policy change needed to enforce 400ft law. Its law or it isn't. There's no 336 anymore (it is repealed) to contradict it.
As a matter of fact, FAA had been trying to impose this limitation in its policies while fitting into 336. Now with no 336 to impede them, their policies are enforceable.

Now the test requirement is different. No such test is yet defined.
Also the means of obtaining authorization isn't yet clear in many cases.

 

[sar104]

That section is quite loosly worded.
I still stand on if it can logistically be enforced as things are, then they might just do that.
No policy change needed to enforce 400ft law. Its law or it isn't. There's no 336 anymore (it is repealed) to contradict it.
As a matter of fact, FAA had been trying to impose this limitation in its policies while fitting into 336. Now with no 336 to impede them, their policies are enforceable.

Now the test requirement is different. No such test is yet defined.
Also the means of obtaining authorization isn't yet clear in many cases.

There is no ambiguity:

a) Regulations.--Notwithstanding the repeals under sections 341,​

348, 347, and 383 of this Act, all orders, determinations, rules, ​

regulations, permits, grants, and contracts, which have been issued ​

under any law described under subsection (b) of this section before the ​

effective date of this Act shall continue in effect until modified or ​

revoked by the Secretary of Transportation, acting through the ​

Administrator of the Federal Aviation Administration, as applicable, by ​

a court of competent jurisdiction, or by operation of law other than ​

this Act.​

​

The relevant regulations are codified in 14 CFR, and that is what will be modified as described here. It has not yet happened.

 

[sar104]

There is no ambiguity:

a) Regulations.--Notwithstanding the repeals under sections 341,​

348, 347, and 383 of this Act, all orders, determinations, rules, ​

regulations, permits, grants, and contracts, which have been issued ​

under any law described under subsection (b) of this section before the ​

effective date of this Act shall continue in effect until modified or ​

revoked by the Secretary of Transportation, acting through the ​

Administrator of the Federal Aviation Administration, as applicable, by ​

a court of competent jurisdiction, or by operation of law other than ​

this Act.​

​

The relevant regulations are codified in 14 CFR, and that is what will be modified as described here. It has not yet happened.

That said - I just noticed that subsection (b) does not mention Section 336 - only 332, 333 and 334. That seems like it must be an omission, since they cannot just leave 14 CFR Part 101 subpart E in limbo.

 

[DanMan32]

Where's subsection b?

 

[sar104]

Where's subsection b?

Section 380 (b):

(b) Laws Described.--The laws described under this subsection are​

as follows:​

(1) Section 332 of the FAA Modernization and Reform Act of 2012​

(49 U.S.C. 40101 note).​

(2) Section 333 of the FAA Modernization and Reform Act of 2012​

(49 U.S.C. 40101 note).​

(3) Section 334 of the FAA Modernization and Reform Act of 2012​

(49 U.S.C. 40101 note).​

(4) Section 2206 of the FAA Extension, Safety, and Security Act​

of 2016 (Public Law 114-190; 130 Stat. 615).​

(c) Effect on Pending Proceedings.--This Act shall not affect​

administrative or judicial proceedings pending on the effective date of​

this Act.​

 

[msinger]

Where's subsection b?

If you want to see everything, search for "SEC. 380. TRANSITION LANGUAGE" in this document.

 

[sar104]

That was presumed to be the reason behind the post that then appeared on the FAA sUAS homepage:



Interestingly that has now disappeared.

 

[msinger]

That notice is still available here:
FAA Reauthorization Bill Establishes New Conditions for Recreational Use of Drones

 

[sar104]

If you want to see everything, search for "SEC. 380. TRANSITION LANGUAGE" in this document.

Correct. Here is the entire Section 380:

SEC. 380. TRANSITION LANGUAGE.
(a) Regulations.—Notwithstanding the repeals under sections 341, 348, 347, and 383 of this Act, all orders, determinations, rules, regulations, permits, grants, and contracts, which have been issued under any law described under subsection (b) of this section before the effective date of this Act shall continue in effect until modified or revoked by the Secretary of Transportation, acting through the Administrator of the Federal Aviation Administration, as applicable, by a court of competent jurisdiction, or by operation of law other than this Act.

(b) Laws Described.—The laws described under this subsection are as follows:

(1) Section 332 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).

(2) Section 333 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).

(3) Section 334 of the FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note).

(4) Section 2206 of the FAA Extension, Safety, and Security Act of 2016 (Public Law 114–190; 130 Stat. 615).

(c) Effect On Pending Proceedings.—This Act shall not affect administrative or judicial proceedings pending on the effective date of this Act.

 

[sar104]

That notice is still available here:
FAA Reauthorization Bill Establishes New Conditions for Recreational Use of Drones

I looked everywhere for that page. Thank you.

 

[msinger]

The FAA also has this note posted at the bottom of a few of their registration-related pages (like this one):

"*Section 336 was repealed by the FAA Reauthorization Act of 2018. Changes are forthcoming in 2019 and will be updated here. In the meantime, please follow former guidelines."