Newbie question?? ?

[ArcheryGuy01]

Hello all,

Quick newbie question. All over the web I’m seeing all the forums about the drone safety test “for recreational users”, or the lack there of in regards to the test. I also registered my drone today and that is the last requirement that’s mentioned. That said, this myth of a test is no where to be found... ... ...

Is this test still in the works, would that be why it’s not anywhere online?

Lastly, am I correct that unless I want to use my drone for business, I don’t have to take the 107 certification just to fly my drone for fun?

I just want to ensure I do what I’m supposed to.

Thanks

 

[Phantomrain.org]

The rule of Thumb is if your not planning on ever posting your video on any social media platform nor going to ever ask or take money it has been spoken that you do not need your 107 permit.

You will find that this is very subjective as you are not supposed to even fly at your work without a 107 .

Phantomrain.org
Gear to fly your Mavic in the Rain and Land on Water.

 

[Meta4]

Is this test still in the works, would that be why it’s not anywhere online?

The FAA has been saying their knowledge test is "coming soon" for a couple of years.
Perhaps it will show up one day.

Lastly, am I correct that unless I want to use my drone for business, I don’t have to take the 107 certification just to fly my drone for fun?

Yes .. that's correct
And you can ignore the comment above about posting on social media ... that's just another myth that shows up here frequently.

 

[ArcheryGuy01]

The FAA has been saying their knowledge test is "coming soon" for a couple of years.
Perhaps it will show up one day.

Yes .. that's correct
And you can ignore the comment above about posting on social media ... that's just another myth that shows up here frequently.

Thanks for the insight.
I could possibly see the social media thing being an issue if your business uses the drone images, or drone video footage, to actually involve business. That said, I’d have to imagine if I fly my drone around for fun, and I take a cool image, (for fun), that I could post it on social media. At least, that’s my thought.

Another question, who enforces drone regulations? Of course the FAA overall, but the FAA isn’t driving around watching for users flying without a certificate. Like where even could you get into trouble by not having the correct permit etc. Would that be say the police or some other tier of enforcement come into play?

As I mentioned, I’m new, and want to cover my basis and ensure i

 

[Gagey52]

Welcome to the Forum from the land of Oz. My understanding of your FAA rules are that if you are not receiving remuneration then you don't need a 107. You can still post photos and video on Social media as long as your not paid to do it???

 

[Meta4]

I’d have to imagine if I fly my drone around for fun, and I take a cool image, (for fun), that I could post it on social media. At least, that’s my thought.

It's the FAA's stated policy on the matter too.

Another question, who enforces drone regulations? Of course the FAA overall, but the FAA isn’t driving around watching for users flying without a certificate. Like where even could you get into trouble by not having the correct permit etc.

The FAA is only going to be involved if there is a serious incident or complaints are made to them.

 

[vindibona1]

Thanks for the insight.
I could possibly see the social media thing being an issue if your business uses the drone images, or drone video footage, to actually involve business. That said, I’d have to imagine if I fly my drone around for fun, and I take a cool image, (for fun), that I could post it on social media. At least, that’s my thought.

Another question, who enforces drone regulations? Of course the FAA overall, but the FAA isn’t driving around watching for users flying without a certificate. Like where even could you get into trouble by not having the correct permit etc. Would that be say the police or some other tier of enforcement come into play?

As I mentioned, I’m new, and want to cover my basis and ensure i

The thing about flying for fun and posting on social media is a bit controversial. Someone posted a video of an FAA official speaking on the subject and he indicated that posting footage from your drone might be interpreted as more than just recreational. In the FAA's eyes, the actual use of the footage is less relevant than the intent at the time you film it. So that all depends on the context of where you're posting it, the content etc. It's tricky. And IMO many of the FAA's regulations make little sense or are counter productive. I suppose if you are discreet in what you post and how you post it you'll be ok until you get a Part 107 certification.

Having said that, while there is no safety test required for recreational pilots, I would strongly suggest you learn the rules of UAV flying, understanding where it's ok to fly and where it's not (download Airmap and Kittyhawk apps to help with some of that) and become a respected member of the UAV community. Also it's a good idea to know not only the FAA regs, but your state and local laws and ordinances and would encourage you to print them out and carry them with you in case you ever run into Barney Fife.

Good luck.

 

[Meta4]

The thing about flying for fun and posting on social media is a bit controversial.

It's not really, it's just another area where there's persistent myth and misunderstanding.

Someone posted a video of an FAA official speaking on the subject and he indicated that posting footage from your drone might be interpreted as more than just recreational.

And that particular FAA guy was quite wrong.
Unfortunately it's not unknown for individuals to put forward incorrect personal opinions, even when they go against the stated policies of the FAA.
The FAA cares about and has rules about how you fly.
Not whether you post images or videos online.

 

[Vic Moss]

The rule of Thumb is if your not planning on ever posting your video on any social media platform nor going to ever ask or take money it has been spoken that you do not need your 107 permit.

You will find that this is very subjective as you are not supposed to even fly at your work without a 107 .

Phantomrain.org
Gear to fly your Mavic in the Rain and Land on Water.

Actually rule of thumb is that everything is flown under Part 107 rules unless you meet the criteria of "49 USC 44809: Exception for limited recreational operations of unmanned aircraft". You can read that here https://uscode.house.gov/view.xhtml...lim-title49-section44809&num=0&edition=prelim

As far as (7) of 44809, that test should be available around June 1. The FAA put out an RFP for schools and CBOs to become a testing facility. One that happens, I'll make sure that gets posted here.

 

[Phantomrain.org]

I base everything I state off of the Numerous phone calls i make directly to the FAA .
This first hand knowledge give me a better insight than the the Endless Jargon , exceptions ,rules and regs to keep my finger on the Pulse .

When you make the phone calls here are some of the Phrases that will be used over and over again:

# Slippery Slope
# Tricky
# The rule of Thumb
# We ask that you consider getting your 107
# If your going to continue we suggest

At the end of a dozen phone calls you realize that the 107 is the Magical Ticket to all the Disney Rides.

Phantomrain.org
Gear to fly your Mavic in the Rain and Land on Water.

 

[kshaw]

Welcome to the Forum from the land of Oz. My understanding of your FAA rules are that if you are not receiving remuneration then you don't need a 107. You can still post photos and video on Social media as long as your not paid to do it???

The drone operator does not need to receive financial remuneration before there is a violation of Part 107 license requirements. Here is what the FAA says on their website:

"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."

 

[Dbez1]

I endorse the suggestion above that you carry a copy of state and local ordinances. It’s been my experience that local police and even Army Corps of Engineers really don’t know the laws. Busybody citizens know even less. Having said that, make sure you’re not flying in a NFZ.
To the OP...if you’re flying in class G airspace, no one has the right to stop you but they possibly may have the right to limit where you take off and land from. I find that it’s not worth being confrontational though. It’s usually just easier to move to a different location. Do a search on the subject as it has been discussed much on this forum. Best wishes.

 

[New England Droning]

The FAA has been saying their knowledge test is "coming soon" for a couple of years.
Perhaps it will show up one day.

Yes .. that's correct
And you can ignore the comment above about posting on social media ... that's just another myth that shows up here frequently.

I think there is a certain amount of truth to that above statement. Because If you never put your images/video online then no one will bust you. It's not the FAA you have to worry about. (for the most part) It's when someone drops a dime on you and your social media posts and if the FAA see you doing things you shouldn't do... well the above Statement comes true.
Sharing on social media is not always seen as a needed part of being a recreational pilot. If I could safely post to all my social media then I probably wouldn't get my P107...

 

[Meta4]

Sharing on social media is not always seen as a needed part of being a recreational pilot.

Here's what the FAA thinks about posting to social media on an official FAA document.

Note: Electronic media posted on a video Web site does not automatically constitute a commercial operation or commercial purpose, or other non-hobby or non-recreational use.​

That's from the last para in point #7 here:

https://www.faa.gov/documentLibrary/media/Notice/N_8900.292.pdf

The FAA cares about how you fly, not that you share images or videos online.

 

[New England Droning]

This very true and yet those we hear about that are in court are there because they posted their videos on social media. The FAA uses their videos against them.
Also if you only fly safely and you don't violate the FAA rules you are probably safe.
It comes down to intent... I flew my drone up to my roof to check the ice build up on my gutters and I sent those images to the condo association.
I didn't think about it but according to my 107 training, that was a commercial flight.
Now is the FAA going to come down on me because of that? No... but there is a very thin line between recreation flying and all other flying.
It's only when you break the rules and put those videos up on YouTube that those videos become a liability for you the Remote Pilot in Command.
How many times in this forum have we seen someone state that we the group should do the policing and the mods says it's against the forum rules...

So yes you are right, the FAA rules state, "does not automatically constitute"
But I'm saying if you do stupid Sh#t and post it, well nuff said....

 

[WaltBen]

The rule of Thumb is if your not planning on ever posting your video on any social media platform nor going to ever ask or take money it has been spoken that you do not need your 107 permit.

You will find that this is very subjective as you are not supposed to even fly at your work without a 107 .

Phantomrain.org
Gear to fly your Mavic in the Rain and Land on Water.

And that's a new FAA thing. Doesn't matter that you're not getting any money in return, but just posting a vid OR a pic from your drone can get you in trouble.

 

[Meta4]

And that's a new FAA thing. Doesn't matter that you're not getting any money in return, but just posting a vid OR a pic from your drone can get you in trouble.

As has been explained previously in this thread, that is completely wrong.
It's just not true, no matter how many misinformed people repeat it.

 

[Thomas B]

And that's a new FAA thing. Doesn't matter that you're not getting any money in return, but just posting a vid OR a pic from your drone can get you in trouble.

The above quoted post is completely incorrect.

 

[BigAl07]

And that's a new FAA thing. Doesn't matter that you're not getting any money in return, but just posting a vid OR a pic from your drone can get you in trouble.

Part of your statement is true and another part is not. We need to clear this up so that FACTS are being shared and not partial facts and misinformation.

Exchange of $$ is but one of several ways to pierce the protective bubble of ~44809. Anything that is done during your flight that is not 100% RECREATIONAL removes your designation of a Recreational flight and places you liable for everything under Part 107. EVERYTHING!

Merely posting to Social Media is not a crime in and of itself at all. If you capture data with the intent to post something to promote a company/business/entity etc it's not legal because the FLIGHT wasn't legal. It's not about the actual USE of the DATA but the INTENT of the flight.

 

[Rich QR]

Exchange of $$ is but one of several ways to pierce the protective bubble of ~44809. Anything that is done during your flight that is not 100% RECREATIONAL removes your designation of a Recreational flight and places you liable for everything under Part 107. EVERYTHING!

Merely posting to Social Media is not a crime in and of itself at all. If you capture data with the intent to post something to promote a company/business/entity etc it's not legal because the FLIGHT wasn't legal. It's not about the actual USE of the DATA but the INTENT of the flight.

Right. The word "commerial" doesn't appear in the rules that separate Part 107 flight (requiring a license) and 44809 flight (not requiring a license). The requirement in 44809 is "The aircraft is flown strictly for recreational purposes". If you don't meet that requirement, you need to fly under Part 107.

Suppose you were flying for fun, and you happened to catch a newsworthy event, say, a meteor strike on a populated area. You could sell that footage to commercial news media for big bucks, and even win a Pulitzer prize, and that wouldn't change the fact that, at the time you were flying, you were flying strictly for recreational purposes.

The case of someone inspecting his condo's roof and showing the photos/videos to the HOA is probably outside the realm of flight "strictly for recreational purposes", regardless of whether it was commercial. If you had a motivation of protecting your investment in your building, that doesn't sound purely recreational anymore.

Posting something to social media doesn't automatically make the flight fall outside of the "strictly recreational" category, but depending on other circumstances, it might be a factor that's considered. If a pilot has a monetized YouTube channel, and frequently posts drone videos there and collects proceeds, a case may be made that the flights weren't "strictly recreational".