Night Flight by Recreational Pilots (USA)

[Dbez1]

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

You listed 8 points for recreational pilots, in the US. How does the MM at 249 grams legally fit into this picture? Thanks.

 

[theDRONEranger]

You listed 8 points for recreational pilots, in the US. How does the MM at 249 grams legally fit into this picture? Thanks.

Ummm, in what manner do you fly, recreational or 107? You are required to follow one of the two. The weight of the drone matters not!

 

[DougMcC]

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.

Thanks for the advice. I surely will enjoy the evening participating WITH my fellow volunteers. My 30 ft crane shot of Limos arriving will not identify any participants. I am looking forward to this evening of recreation and community service. This not any sort of a commercial operation.

 

[Dbez1]

Ummm, in what manner do you fly, recreational or 107? You are required to follow one of the two. The weight of the drone matters not!

Strictly recreational for me. So what advantage is having a drone under 250 grams in the US (other than portability)? That’s a big selling point by DJI. Is it just a sales gimmick? Thanks.

 

[theDRONEranger]

Strictly recreational for me. So what advantage is having a drone under 250 grams in the US (other than portability)? That’s a big selling point by DJI. Is it just a sales gimmick? Thanks.

Seemingly, it was a big sales gimmick. And, it worked!
Not just the US, but other countries as well, a drone under 250g does not require a registration. So, being under the minimum required weight for registration makes it a ”go to” for a holiday travel drone. Does not have to be registered here in the US of A and many other countries. Rules still apply as to flight, but registration not required. NFZs are still NFZs, illegal without special permit in US National Parks, altitude limit of 400’, etc, etc, etc, only . . . you don’t have to register.

 

[Dbez1]

Seemingly, it was a big sales gimmick. And, it worked!
Not just the US, but other countries as well, a drone under 250g does not require a registration. So, being under the minimum required weight for registration makes it a ”go to” for a holiday travel drone. Does not have to be registered here in the US of A and many other countries. Rules still apply as to flight, but registration not required. NFZs are still NFZs, illegal without special permit in US National Parks, altitude limit of 400’, etc, etc, etc, only . . . you don’t have to register.

Thanks for the clarification. It’s still a good drone for my purposes. The price was attractive, the travel footprint doesn’t take up much room in the car, and if it’s bad weather I’ll find something else to do. Most of the legal stuff seems reasonable to me so no worries. Have a good weekend.

 

[sar104]

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?

Well firstly, as mentioned by others, this doesn't count as a recreational flight. Secondly, even if it did, local ATC is still not allowed to provide authorization to fly in controlled airspace - that has to be via LAANC or DroneZone.

 

[sar104]

Strictly recreational for me. So what advantage is having a drone under 250 grams in the US (other than portability)? That’s a big selling point by DJI. Is it just a sales gimmick? Thanks.

The only current advantage is that it doesn't have to be registered. Looking ahead at the proposed remote ID requirements - it would also be exempt from those, which is arguably a much bigger deal.

 

[MAvic_South_Oz]

So, being under the minimum required weight for registration makes it a ”go to” for a holiday travel drone.

For now . . .
This was my main interest in the Mini when it was released, but now after waiting to see how the numerous aircraft problems panned out with it, I don't think I'll be going with it in the near future it seems.

On reason I think 'for now' is that while many countries have the sub 250g rule for not requiring licencing and / or registration, some countries already ban drones with cameras outright, and MANY more will be soon, Euro mainly in their upcoming rule changes.
Heck, there are a few that don't allow flights for drones at all, mostly those countries under strict regimes.

 

[theDRONEranger]

Continuing:
Recreational night flight.
Is it possible in classed ‘C’ airspace?
Realizing LAANC, via AIRMAP, will not permit, is there a way to do it legally?

 

[sar104]

Continuing:
Recreational night flight.
Is it possible in classed ‘C’ airspace?
Realizing LAANC, via AIRMAP, will not permit, is there a way to do it legally?

Not currently. It requires Part 107.

 

[theDRONEranger]

Not currently. It requires Part 107.

I’ve got the 107, but even that is a hit or miss for approval. I was just curious if by chance anyone knew if possible. I know you keep abreast of the rules, so I’ll accept the answer. Still, it would be nice to photo/video traffic patterns or holiday lightings in the city.

 

[sar104]

I’ve got the 107, but even that is a hit or miss for approval. I was just curious if by chance anyone knew if possible. I know you keep abreast of the rules, so I’ll accept the answer. Still, it would be nice to photo/video traffic patterns or holiday lightings in the city.

If you have Part 107 then the recreational restriction isn't a problem. Getting the daylight waiver (if you don't already have it) and including it in the authorization request will be the challenge.

 

[theDRONEranger]

If you have Part 107 then the recreational restriction isn't a problem. Getting the daylight waiver (if you don't already have it) and including it in the authorization request will be the challenge.

And a challenge it is! Nah, I’d just like to be able to go out when I feel and snap some photos. I was going to pursue this in the past, but after the local military hospital ER tried to kill me . . . long story short, they sent me home twice in 2 days for same issue. I passed my whole large intestine and all contents at home, one hour after the second visit. City hospital saved me. I have been on a recovery since March 2019. Slow but steady. Haven’t had much op for droning, but with the better weather . . . Now COVID 19 puts a damper on many outings. As an at risk senior my pastime will most likely be ordering the expensive Technic LEGO sets and limiting myself to a max of 25 (of 1000+) pieces per day. Thank god the shooting ranges are still open! Outdoor activity alternatives! Patience to all! Just think, all over America, at thousands and thousands of dinner tables, parents are looking across the table and asking the question “Do I know you?” and receiving the blank look their kids have always given!

 

[MAvic_South_Oz]

Getting the daylight waiver

I always wondered why do the call it daylight waiver, when you want a night waiver ?
Just seems strange that terminology used.

Waive - refrain from demanding compliance with (a rule or fee)

Suppose then daylight waive = waiving the restriction on only flying in daylight hours, possibly how they look at it.
Though I'd think it should be termed daylight rule / requirement waiver, or something like that.

I would think it could work the other way .. .. .. a night waiver = a waiver which does not require compliance with general rule against flying at night.

 

[sar104]

I always wondered why do the call it daylight waiver, when you want a night waiver ?
Just seems strange that terminology used.

Waive - refrain from demanding compliance with (a rule or fee)

Suppose then daylight waive = waiving the restriction on only flying in daylight hours, possibly how they look at it.
Though I'd think it should be termed daylight rule / requirement waiver, or something like that.

I would think it could work the other way .. .. .. a night waiver = a waiver which does not require compliance with general rule against flying at night.

That's just because of the name of the Part 107 provision that is being waived:

§107.29 Daylight operation.​

​

(a) No person may operate a small unmanned aircraft system during night.​

​

(b) No person may operate a small unmanned aircraft system during periods of civil twilight unless the small unmanned aircraft has lighted anti-collision lighting visible for at least 3 statute miles. The remote pilot in command may reduce the intensity of the anti-collision lighting if he or she determines that, because of operating conditions, it would be in the interest of safety to do so.​

​

(c) For purposes of paragraph (b) of this section, civil twilight refers to the following:​

​

(1) Except for Alaska, a period of time that begins 30 minutes before official sunrise and ends at official sunrise;​

​

(2) Except for Alaska, a period of time that begins at official sunset and ends 30 minutes after official sunset; and​

​

(3) In Alaska, the period of civil twilight as defined in the Air Almanac.​

 

[MAvic_South_Oz]

That's just because of the name of the Part 107 provision that is being waived:

§107.29 Daylight operation.​

​

(a) No person may operate a small unmanned aircraft system during night.​

​

(b) No person may operate a small unmanned aircraft system during periods of civil twilight unless the small unmanned aircraft has lighted anti-collision lighting visible for at least 3 statute miles. The remote pilot in command may reduce the intensity of the anti-collision lighting if he or she determines that, because of operating conditions, it would be in the interest of safety to do so.​

​

(c) For purposes of paragraph (b) of this section, civil twilight refers to the following:​

​

(1) Except for Alaska, a period of time that begins 30 minutes before official sunrise and ends at official sunrise;​

​

(2) Except for Alaska, a period of time that begins at official sunset and ends 30 minutes after official sunset; and​

​

(3) In Alaska, the period of civil twilight as defined in the Air Almanac.​

Ah thanks, in effect is is a Daylight Operation waiver (waiving rule 107.29), that's a better terminology.

 

[cgmaxed]

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 ?

I've heard through the grapevine, that the FAA is considering removing the need to get night flight waivers for part 107 pilots. Why? It's due to the extraordinary number of requests they receive on a daily/nightly basis to perform flights at night, They are being inundated with the exceptions to fly at night. So, they are considering, simply removing the requirement. If you ask me, it's safer to fly at night with anti-collision lights on. You can see your drone further, there are less people and moving traffic on the ground, it's easier to see the anti collision lights of nearby manned aircraft. etc etc. It's just plain safer to fly at night. If you crash, it's very doubtful you will injury any one.

 

[cgmaxed]

That's just because of the name of the Part 107 provision that is being waived:

§107.29 Daylight operation.​

​

(a) No person may operate a small unmanned aircraft system during night.​

​

(b) No person may operate a small unmanned aircraft system during periods of civil twilight unless the small unmanned aircraft has lighted anti-collision lighting visible for at least 3 statute miles. The remote pilot in command may reduce the intensity of the anti-collision lighting if he or she determines that, because of operating conditions, it would be in the interest of safety to do so.​

​

(c) For purposes of paragraph (b) of this section, civil twilight refers to the following:​

​

(1) Except for Alaska, a period of time that begins 30 minutes before official sunrise and ends at official sunrise;​

​

(2) Except for Alaska, a period of time that begins at official sunset and ends 30 minutes after official sunset; and​

​

(3) In Alaska, the period of civil twilight as defined in the Air Almanac.​

That's just because of the name of the Part 107 provision that is being waived:

§107.29 Daylight operation.​

​

(a) No person may operate a small unmanned aircraft system during night.​

​

(b) No person may operate a small unmanned aircraft system during periods of civil twilight unless the small unmanned aircraft has lighted anti-collision lighting visible for at least 3 statute miles. The remote pilot in command may reduce the intensity of the anti-collision lighting if he or she determines that, because of operating conditions, it would be in the interest of safety to do so.​

​

(c) For purposes of paragraph (b) of this section, civil twilight refers to the following:​

​

(1) Except for Alaska, a period of time that begins 30 minutes before official sunrise and ends at official sunrise;​

​

(2) Except for Alaska, a period of time that begins at official sunset and ends 30 minutes after official sunset; and​

​

(3) In Alaska, the period of civil twilight as defined in the Air Almanac.​

Is it a WAIVER or EXEMPTION? YOU ARE WAIVED FROM 107.29 PART A IE "You may refrain from compliance with part 107.29 part a." "Exempt" is easier. You are exempt from compliance with part 107.29 part a.

 

[maelstrom]

The only current advantage is that it doesn't have to be registered. Looking ahead at the proposed remote ID requirements - it would also be exempt from those, which is arguably a much bigger deal.

When the new rules come in for the UK at the end of the year (and in the European Union), having a drone which weighs less than 250g will allow you to fly over uninvolved people (but not crowds).