Night Flight by Recreational Pilots (USA)

[theDRONEranger]

Night flight by recreational pilots in the USA.
Plain and simple. Is it legal?
If yes, what is source of approval?
If not, what is source of prohibition?


Id like to get some practice for the holidays (i.e., 4th of July, Halloween, Christmas, full moons, etc)

 

[sar104]

There are no provisions regarding recreational flights at night, therefore they are not prohibited.

(a) In General.--Except as provided in subsection (e), and​

notwithstanding chapter 447 of title 49, United States Code, a person​

may operate a small unmanned aircraft without specific certification or​

operating authority from the Federal Aviation Administration if the​

operation adheres to all of the following limitations:​

(1) The aircraft is flown strictly for recreational purposes.​

(2) The aircraft is operated in accordance with or within the​

programming of a community-based organization's set of safety​

guidelines that are developed in coordination with the Federal​

Aviation Administration.​

(3) The aircraft is flown within the visual line of sight of​

the person operating the aircraft or a visual observer co-located​

and in direct communication with the operator.​

(4) The aircraft is operated in a manner that does not​

interfere with and gives way to any manned aircraft.​

(5) In Class B, Class C, or Class D airspace or within the​

lateral boundaries of the surface area of Class E airspace​

designated for an airport, the operator obtains prior authorization​

from the Administrator or designee before operating and complies​

with all airspace restrictions and prohibitions.​

(6) In Class G airspace, the aircraft is flown from the​

surface to not more than 400 feet above ground level and complies​

with all airspace restrictions and prohibitions.​

(7) The operator has passed an aeronautical knowledge and​

safety test described in subsection (g) and maintains proof of test​

passage to be made available to the Administrator or law​

enforcement upon request.​

(8) The aircraft is registered and marked in accordance with​

chapter 441 of this title and proof of registration is made​

available to the Administrator or a designee of the Administrator​

or law enforcement upon request.​

And, accordingly, the FAA makes no mention of any restrictions either:

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

 

[MAvic_South_Oz]

Where is the night flying info regarding fitment of strobes in navigation pattern, visible for (is it) 3nm ?
There was / is definitely something official regarding that in writing somewhere.

Articles like this one have info, buit getting something on the FAA page is like getting blood from a stone !!

Drone Anti-Collision Lights: A Complete Guide to Drone Lights

Looking for the best drone anti-collision lights on the market? Read our guide for information on FAA requirements and the top options on the market.

uavcoach.com

It actually says in that info "If you’re flying as a hobbyist, the three-mile rule for drone anti-collision lights does not currently apply to you."
How crazy is that if right.

 

[Deleted member 114292]

Where is the night flying info regarding fitment of strobes in navigation pattern, visible for (is it) 3nm ?
There was / is definitely something official regarding that in writing somewhere.

Articles like this one have info, buit getting something on the FAA page is like getting blood from a stone !!

Drone Anti-Collision Lights: A Complete Guide to Drone Lights

Looking for the best drone anti-collision lights on the market? Read our guide for information on FAA requirements and the top options on the market.

uavcoach.com

It actually says in that info "If you’re flying as a hobbyist, the three-mile rule for drone anti-collision lights does not currently apply to you."
How crazy is that if right.

Like any of the FAA drone rules are sane?

 

[theDRONEranger]

Now, let us tack on part 2 of the inquiry!
I submitted request via AIRMAP
Using LAANC, what should be the outcome if asking for permission to fly 50’ altitude, 2 miles from center base in Class C, at 1 AM.

AIRMAP said:


So, how do I obtain permission, to fly recreationally?

How do other Recreational Pilots get LAANC approval for night flight?

 

[sar104]

Now, let us tack on part 2 of the inquiry!
I submitted request via AIRMAP
Using LAANC, what should be the outcome if asking for permission to fly 50’ altitude, 2 miles from center base in Class C, at 1 AM.

AIRMAP said:
View attachment 93279

So, how do I obtain permission, to fly recreationally?

How do other Recreational Pilots get LAANC approval for night flight?View attachment 93279

Night flight is a waiver to Part 107.29. Recreational pilots cannot apply for waivers, and Part 107.29 doesn't apply to recreational pilots anyway. So recreational pilots cannot get LAANC approval for night flights.

 

[theDRONEranger]

KCOS on the east, Ft Carson on the south, USAFA on the north, Wildlife Protect & parks on the west, plus 3 hospitals with heli’s. Leaves Palmer Lake 30 minute drive to the north or Woodland Park up the mountain. I’ll have to start mapping out the available city area outside the class C base. There are some areas I really don’t want to venture into at night (even armed).

 

[MAvic_South_Oz]

Like any of the FAA drone rules are sane?

Most are sane.
The 400' and airspace rules / NFZ separates manned aircraft and UAVs (mostly, there are exceptions).
VLOS is designed to catch the low flying exceptions that may come into a UAVs flight area, but I admit I love FPV on screen or goggles.
Keeping away from people is sensible, you just have 'can't fly directly over people' rule, we here have 30m rule (laterally), and the UK is 50m.

I submitted request via AIRMAP

I have noted Airmap rules state "Don't fly after dark".
I take it this means recreational / hobbyist flights.

AirMap Support | For all your AirMap questions and answers | AirMap

We can help with any questions or AirMap support for technical issues. Get online support with our extensive documentation and wikis. Get support today.

www.airmap.com

As per their text below . . . "Remember that these rules are for fly for fun operations only."
So yes, very confusing for pilots looking up info online.

It looks like night flight for hobbyists are allowed, purely because the written legislation doesn't rule it out ?
Like it does rule it out for part 107 without a waiver.

It'd be nice to find somewhere on the FAA site that says you can fly at night with strobes fitted correctly and visible for 3 miles.
Not just other party drone sites that state it is ok because it's not written down that it can't be flown.

 

[sar104]

Most are sane.
The 400' and airspace rules / NFZ separates manned aircraft and UAVs (mostly, there are exceptions).
VLOS is designed to catch the low flying exceptions that may come into a UAVs flight area, but I admit I love FPV on screen or goggles.
Keeping away from people is sensible, you just have 'can't fly directly over people' rule, we here have 30m rule (laterally), and the UK is 50m.



I have noted Airmap rules state "Don't fly after dark".
I take it this means recreational / hobbyist flights.

AirMap Support | For all your AirMap questions and answers | AirMap

We can help with any questions or AirMap support for technical issues. Get online support with our extensive documentation and wikis. Get support today.

www.airmap.com

As per their text below . . . "Remember that these rules are for fly for fun operations only."
So yes, very confusing for pilots looking up info online.

It looks like night flight for hobbyists are allowed, purely because the written legislation doesn't rule it out ?
Like it does rule it out for part 107 without a waiver.

It'd be nice to find somewhere on the FAA site that says you can fly at night with strobes fitted correctly and visible for 3 miles.
Not just other party drone sites that state it is ok because it's not written down that it can't be flown.

The regulations specify requirements and prohibitions. Can you imagine the complaints about the size of the regulations if they also had to spell out everything that is permitted?

 

[MAvic_South_Oz]

The regulations specify requirements and prohibitions. Can you imagine the complaints about the size of the regulations if they also had to spell out everything that is permitted?

Yes, for sure there "Don't fly your drone at a police officer riding a motorcycle on a roadway" simply shouldn't be a required written rule for example.
(They weren't flying over him, and you all don't have a distance rule from people like most other western countries.)

You have to admit, needing a waiver as a trained licenced UAV pilot, while rec flyers can take their drone from its box and fly at night, has to be an oversight (and a bad one) by FAA or whoever wrote the legislation / rules.

I've been expecting a closure of this for a while now, maybe the wheels turn that slowly, or who knows they may not really be aware of it, though hard to believe the FAA wouldn't know it's openly considered night flying for hobbyists has no restrictions now, apart from the usual drone rules.

Is this actually mentioned in the upcoming HR302 act before congress ?
Or is that purely remote ID ?

 

[sar104]

Yes, for sure there "Don't fly your drone at a police officer riding a motorcycle on a roadway" simply shouldn't be a required written rule for example.
(They weren't flying over him, and you all don't have a distance rule from people like most other western countries.)

You have to admit, needing a waiver as a trained licenced UAV pilot, while rec flyers can take their drone from its box and fly at night, has to be an oversight (and a bad one) by FAA or whoever wrote the legislation / rules.

I've been expecting a closure of this for a while now, maybe the wheels turn that slowly, or who knows they may not really be aware of it, though hard to believe the FAA wouldn't know it's openly considered night flying for hobbyists has no restrictions now, apart from the usual drone rules.

Is this actually mentioned in the upcoming HR302 act before congress ?
Or is that purely remote ID ?

It wasn't an oversight by the FAA - it was specified in the 2018 Reauthorization Act that Congress approved, which only grudgingly expanded the regulation of recreational flight.

 

[Maviac]

You have to admit, needing a waiver as a trained licenced UAV pilot, while rec flyers can take their drone from its box and fly at night, has to be an oversight (and a bad one) by FAA or whoever wrote the legislation / rules.

A certificated pilot could certainly take theirs out of the box and fly it at night (assuming it’s not an LAANC or restricted area). They just have to be flying under recreational rules. (Right?)

 

[MAvic_South_Oz]

A certificated pilot could certainly take theirs out of the box and fly it at night (assuming it’s not an LAANC or restricted area). They just have to be flying under recreational rules. (Right?)

Oh yes, for sure, they can do that.
It's only part 107 commercial use that is restricted.

 

[AnzacJack]

Talking with our regulators and ASQA (Australian Skills Quality Authority) this week. They are adding night flying and bvlos endorsements to our qualifications. We are in the process of rewriting our training packages to add this into our course

 

[DougMcC]

Oh yes, for sure, they can do that.
It's only part 107 commercial use that is restricted.

I am a part 107 pilot and instrument rated private pilot. A local church 4.3 miles is just inside a class D space. I applied for a waiver on Drone Zone 4 weeks ago and ... nothing. This is a charity no charge evening video event TONIGHT! Frustrated I finally just called the tower the airport and received an IMMEDIATE clearance for operations beneath 150 feet with night lighting for the event TONIGHT. They were very helpful and thanked me for calling! I have never heard back from DroneZone. I’m getting a straight forward conversational clearance in the future.

 

[sar104]

I am a part 107 pilot and instrument rated private pilot. A local church 4.3 miles is just inside a class D space. I applied for a waiver on Drone Zone 4 weeks ago and ... nothing. This is a charity no charge evening video event TONIGHT! Frustrated I finally just called the tower the airport and received an IMMEDIATE clearance for operations beneath 150 feet with night lighting for the event TONIGHT. They were very helpful and thanked me for calling! I have never heard back from DroneZone. I’m getting a straight forward conversational clearance in the future.

The fact that they gave you authorization probably covers you if you have it documented. If it was just verbal then you are on shaky ground. Local ATC is no longer allowed to authorize flights - they made an error in doing so. And as a Part 107 pilot you should already know that.

 

[DougMcC]

The fact that they gave you authorization probably covers you if you have it documented. If it was just verbal then you are on shaky ground. Local ATC is no longer allowed to authorize flights - they made an error in doing so. And as a Part 107 pilot you should already know that.

Thank you. I am flying as a recreational pilot for my church and this not a 107 flight. I have received verbal clearance from the tower manager for the operational hours for their airspace extending slightly past civil twilight. So given this thread subject about recreational night flying wouldn’t this be allowed?

 

[theDRONEranger]

If the church charity purpose is to raise funds, then your drone flying is definitely under 107, NOT recreational.

 

[DougMcC]

If the church charity purpose is to raise funds, then your drone flying is definitely under 107, NOT recreational.

No fund raising. This is a Tim Tebow Foundation “Prom” night for developmentally delayed young adults. So the function’s purpose alters the FAA oversight of flight safety and my flight legal status ? That hardly makes any sense - at least in my mind. Well the tower manager was very comfortable with my aircraft, my altitude restrictions, and my experience. So my waiver request of last month will sit in some que at the FAA somewhere until...? I’ll go with my verbal local tower clearance. Pretty much all clearances into controlled air space are verbal by phone or radio. The event is tonight.

 

[BigAl07]

Thank you. I am flying as a recreational pilot for my church and this not a 107 flight. I have received verbal clearance from the tower manager for the operational hours for their airspace extending slightly past civil twilight. So given this thread subject about recreational night flying wouldn’t this be allowed?

Here's the important part of your statement:

"I am flying as a recreational pilot for my church"

you can not RECREATE for any other person or entity... period!

You should have said, "I'm going to fly my UAS this evening documenting an event for my pleasure". You already let the horse out with your blatant statement that you're flying FOR the church.

If you want a definitive answer call your FSDO and phrase it just like you stated it above. That IS Part 107 because you can't RECREATE/HOBBY FOR someone. The way you word it really does matter.

Night To Shine is something we do as well. It's AN AWESOME event but I'm surprised your church is allowing you to document it with pics etc. Our church must be taking a much harder stance on privacy... no phone pics or anything except those by the photography dept.