Part 107 vs Part 101 - Can I Choose?

[LeafPeeper]

I'm hoping some of you more experienced Part 107 pilots can provide some pointers to the right contacts or docs.

Now that I have my Part 107 certificate, on any given day can I choose whether to fly under Part 107 or Part 101, provided I meet the conditions and follow the rules of each? If so, can I use my Part 107 registered aircraft for either?

I've done a bunch of searching, but I haven't found any clear answers. My gut would tell me yes, but there are some docs that might make it difficult. For example, I found this on the web (with FAA doc references):

Can I choose whether hobbyist or Part 107 rules are more advantageous when flying a UAV for fun?

It would say that I do have the right to choose, but the aircraft part is more confusing. Note that part 101.41 (a) states 'The aircraft is flown strictly for hobby or recreational use'. I suppose I could interpret that to mean 'for the flight under hobbiest rules', but I could also interpret it to mean that the aircraft itself is never to be used for commercial flights. Obviously that would pose a problem for the freedom to choose once you register the aircraft with the FAA under Part 107.

I'm asking this for two reasons.
1. I have two Mavic Pros. I'm trying to decide if I should keep them separate - meaning register one under my Part 107 cert, and leave the other labeled with only my hobby registration so I have one I can fly under Part 101 rules. Ideally, I'd like them both registered under my Part 107 cert.
2. I have a friend who lives 14 miles from our local international airport, but happens to be on the fringe of the extended Class E surface airspace. I'd like to take some pics of his house for him (strictly personal, not for real estate or any other business purposes). Under Part 107, I need ATC clearance. Under Part 101, I only need to call the local dinky private airport that is within 5 miles of his house. Obviously in this case it would be easier to call the dinky airport.

Any pointers to sources or official documentation that can help clarify would be greatly appreciated!!!
Thanks,
LP

 

[sar104]

You can choose. 101.41 (a) is referring to the flight in question, not the long-term use of the aircraft. And a Part 107 registration is fine to fly under Part 101 - the only requirement is that the aircraft is registered.

 

[LeafPeeper]

Thanks Sar....much appreciated. That definitely makes the most sense, but is there anything official I can reference? I just want to be sure I don't risk violating the terms of my certificate. Unfortunately without something to point to, I'll be SOL if I ever get challenged. I doubt 'I read it on the MavicPilots forum' would be an adequate defense.

LP

 

[sar104]

Thanks Sar....much appreciated. That definitely makes the most sense, but is there anything official I can reference? I just want to be sure I don't risk violating the terms of my certificate. Unfortunately without something to point to, I'll be SOL if I ever get challenged. I doubt 'I read it on the MavicPilots forum' would be an adequate defense.

LP

Good question and good point. It's a well-accepted determination but a quick look at the documents I rely on didn't turn up a definitive statement. Usually the wording of Part 101.41 is taken to be self-explanatory and, while the question often comes up, I don't recall anyone asking about the alternative interpretation (i.e. the status of the aircraft rather than the flight). @BigAl07 is most likely to be able to suggest a reference.

 

[beachcombing]

As sar104 indicated, you can chose between the two. You need to make this "choice" before the drone leaves the ground. You can't change later if you haven't followed the applicable rules. As to your scenario in #2, you would be better off saying that you are taking pictures of his house for YOURSELF for your own personal enjoyment rather than "for him". As soon as you are doing it for someone else, you potentially cross the "hobby/recreation" line.

 

[sar104]

As sar104 indicated, you can chose between the two. You need to make this "choice" before the drone leaves the ground. You can't change later if you haven't followed the applicable rules. As to your scenario in #2, you would be better off saying that you are taking pictures of his house for YOURSELF for your own personal enjoyment rather than "for him". As soon as you are doing it for someone else, you potentially cross the "hobby/recreation" line.

I'd go further than that - as soon as you are doing photography for someone else you clearly exit the "hobby flight" space and enter Part 107 land.

 

[LeafPeeper]

Ah - all good points. It's true that once I give him the pics, he could do anything he wanted with them. Well LAANC is supposed to be turned on up here mid August, so maybe it would be safer to just do it as a Part 107 flight and request clearance (it wouldn't be before then anyway).

As to registering my other Mavic under my Part 107 cert (ie: per aircraft) vs Part 101 (pilot), it sounds like the majority have interpreted the FAA language to mean the choice is 'per and pre flight', and that using a Part 107 registered aircraft for Part 101 flights is ok, so I guess I'll go with it.

Thanks guys - much appreciated.
LP