Misconception about 400 Feet

[Spanishcop]

I hear people on here stress the 400ft from the ground maximum allowed height for drone flying and it is actually incorrect. (IN THE USA)

I attended some training not long ago for my Police agency (non-drone related) and spoke to a detective in charge of the drone section for his agency. He has obtained his license and had far more knowledge about things than I did.

During discussion it was clarified that 400ft from the ground ISN'T ALWAYS CORRECT.

It is 400 FEET FROM THE HIGHEST STRUCTURE.


Part 107 states:

You can fly during daylight or in twilight (30 minutes before official sunrise to 30 minutes after official sunset, local time) with appropriate anti-collision lighting. Minimum weather visibility is three miles from your control station. The maximum allowable altitude is 400 feet above the ground, and higher if your drone remains within 400 feet of a structure. The maximum speed is 100 mph (87 knots).

Link to FAA page relating to this.
Fact Sheet – Small Unmanned Aircraft Regulations (Part 107)

2nd paragraph under Operation Requirement.

So technically if there is a structure near by YOU CAN fly 400 Ft above that structure.

Mike

 

[Egika]

...and all this is only valid in the USA...
Different countries have different height limits.

(Plus I have heard that your FAA 400' are not a limit but rather a recommendation - I am sure someone will clarify this again in a second )

 

[Spanishcop]

...and all this is only valid in the USA...
Different countries have different height limits.

(Plus I have heard the your FAA 400' are not a limit but rather a recommendation - I am sure someone will clarify this again in a second )

I updated 1st post to reflect IN USA... Thanks for pointing that out to avoid confusion.

I don't believe that's a recommendation Egika as it states Maximum Allowable Height is 400 which depends if there is a structure which would increase that to structure height + 400 ft as long as your within 400 ft of the structure.

 

[Hollajandro]

Hobby flying does not fall under Part 107. So these those rules do not apply,

 

[quick_dry]

I really like that rule as a common sense regulation - in other places the AGL limits act like cliffs, if you're at a 600' cliff, the instant you're a foot over the edge you're breaking the rules, or the inability to inspect a building taller than 500' without applying for waivers.

 

[Spanishcop]

Hobby flying does not fall under Part 107. So these those rules do not apply,

What is the legal maximum height for hobby flying if it does not apply? I haven't seen anything different. Please do share a link so I can be properly educated.

 

[Spanishcop]

Hobby flying does not fall under Part 107. So these those rules do not apply,

It appears you are correct. While further researching it appears as a hobbyist this does not apply... Which is news to me.

AMA has the following information posted...

Academy of Model Aeronautics - Government Relations

None the less an interesting read.

Thanks Hollajandro for the heads up.

 

[tcope]

What is the legal maximum height for hobby flying if it does not apply? I haven't seen anything different. Please do share a link so I can be properly educated.

There is no "legal" height. 400' does not apply to hobby use.

 

[tcope]

I hear people on here stress the 400ft from the ground maximum allowed height for drone flying and it is actually incorrect. (IN THE USA)

Been discussed here hundreds of times.

 

[Foxtrot Uniform]

There is no "legal" height. 400' does not apply to hobby use.

True, 400' is a guideline only, and does not apply if flying under the guidelines of a national community based organization, such as the AMA, such as flying gliders, which many times need the thermals at the higher elevations. With that stated, the guidelines do state that line of sight must be maintained, which is much easier to do with a glider with a six to eight foot wingspan. A Mavic would not be able to maintain line of sight if muncher higher due to its size. Also, as previously stated, 400' higher than a nearby structure is correct, but then again, no Los for the Mavic; would need a much larger uav to maintain Los

 

[Cyberpower678]

Don't mind me. Just eating popcorn, while watching this thread heat up.

 

[Spanishcop]

Don't mind me. Just eating popcorn, while watching this thread heat up.

It's not going to heat up cyberpower... I was under the impression for the longest time it was 400ft from ground level, and then after being corrected I was under the impression it was 400ft from highest structure not knowing it applied to commercial and that for Hobby use it is not specified.

Thank you all for educating me on this. That's one of the best things about this forum is learning and helping each other.

Mike

 

[geigy]

It's a recommendation that is part of an overall framework that is there to make people safer.

 

[JHSlayer]

Don't mind me. Just eating popcorn, while watching this thread heat up.

 

[Strafe1]

True, 400' is a guideline only, and does not apply if flying under the guidelines of a national community based organization, such as the AMA, such as flying gliders, which many times need the thermals at the higher elevations. With that stated, the guidelines do state that line of sight must be maintained, which is much easier to do with a glider with a six to eight foot wingspan. A Mavic would not be able to maintain line of sight if muncher higher due to its size. Also, as previously stated, 400' higher than a nearby structure is correct, but then again, no Los for the Mavic; would need a much larger uav to maintain Los

I can easily see my Mav above 400 feet. Easily. And at night, even much farther because of the lights.

 

[geigy]

I can easily drive my car on the wrong side of the road. Easily. And at night, because of the lights.

But I would not do it, even if it were legal, because I would not want to put others in danger.

 

[Foxtrot Uniform]

I can easily see my Mav above 400 feet. Easily. And at night, even much farther because of the lights.

Even if you could see you Mavic, because of the lights, the guidelines (of the only community based organization, in the US, is the AMA) state no night flying, defined as 30 min after dusk till 30 min before dawn.

 

[Mavman]

Love the "guideline" revelation - but this begs the question: would putting videos up on Youtube of things you did while flying as a "hobbyist" immediately make it "commercial use"?

 

[Mavman]

In situations where you might occasionally fly a little higher than 400 feet (safely, mind you, watching and listening for approaching aircraft, as well as using thins like flight radar to send you notifications if an aircraft was below a certain altitude, and within a certain distance from you_

 

[tcope]

Love the "guideline" revelation - but this begs the question: would putting videos up on Youtube of things you did while flying as a "hobbyist" immediately make it "commercial use"?

Only what you are doing at the time of the flight matters. However, keep in mind that the FAA could consider your actions after the flight as intentions during the flight.

The FAA has stated that it won't go after people for posting videos on YT as commercial use.

(note: ever seen the ad revenue of most people on YT )