Questions on 2019 Regulations

[tcope]

Please don't take this post too seriously but I wanted to pose a question and observation about the FAA Reauthorization Act of 2018. Section 44809 states as follows:


‘‘§44809. Exception for limited recreational operations of unmanned aircraft ‘‘(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. ‘‘(b) OTHER OPERATIONS.—Unmanned aircraft operations that do not conform to the limitations in subsection (a) must comply with all statutes and regulations generally applicable to unmanned aircraft and unmanned aircraft systems.

I've highlighted some areas. First, as I read this, there is only a possible altitude limit when within a Class rated airspace. No? #5 would could add altitude limits to Class, B, C or D and #6 has the 400' limit on Class G.

The other thing is that the FAA states no further operating authority is needed when... and on the list there are 8 items. Item 7 is that the person take a safety test. However, no one can take that test as it does not exist. Does this mean we can simply ignore that for now? LAANC is also not available. Can we ignore that as well? Where in this new law does it state that we can ignore parts of it and still fly? So we cannot fly at all? If we are unable to follow the law, does it apply at all?

 

[Thomas B]

Just typical government.... they got the cart in front of the horse.

 

[msinger]

I have a detailed summary of the current hobbyist rules in this thread:

Overview of current hobbyist FAA rules (updated 7/23/19)

As of 5/17/19, here's a complete list of rules hobbyists must follow when flying outdoors in the US: Register your drone with the FAA Mark your registration number on the exterior of the drone (decals available here) Fly a drone under 55 lbs Fly only for hobby or recreation Follow the safety...

mavicpilots.com

First, as I read this, there is only a possible altitude limit when within a Class rated airspace. No? #5 would could add altitude limits to Class, B, C or D and #6 has the 400' limit on Class G

There are altitude limits in all airspace. Currently, hobbyists are only allowed to fly in Class G airspace or authorized fixed sites in controlled airspace. Authorized fixed sites have set altitude limits.

Item 7 is that the person take a safety test. However, no one can take that test as it does not exist. Does this mean we can simply ignore that for now?

Per the Exception for Limited Recreational Operations of Unmanned Aircraft notice:

"Section 44809(g) requires the FAA to develop, in consultation with stakeholders, an aeronautical knowledge and safety test that can be administered electronically. This test is intended to demonstrate a recreational flyer's knowledge of aeronautical safety knowledge and rules for operating unmanned aircraft.

The FAA currently is developing an aeronautical knowledge and safety test and plans to engage stakeholders on its development through a public process.

The FAA acknowledges that satisfying this statutory condition is impossible until the FAA establishes the aeronautical knowledge and safety test. For the reasons discussed earlier in this document, the FAA has determined this condition will apply only after the FAA develops and makes available the knowledge and safety test. Accordingly, during this interim period, recreational flyers who adhere to the other seven conditions under section 44809(a), may use the exception for limited recreational unmanned aircraft operations."

LAANC is also not available. Can we ignore that as well?

No, you cannot ignore it. It means you're not allowed to fly in controlled airspace (with the exception of authorized fixed sites) since you aren't able to get FAA authorization through LAANC.

 

[kadras]

Please don't take this post too seriously but I wanted to pose a question and observation about the FAA Reauthorization Act of 2018. Section 44809 states as follows:


‘‘§44809. Exception for limited recreational operations of unmanned aircraft ‘‘(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. ‘‘(b) OTHER OPERATIONS.—Unmanned aircraft operations that do not conform to the limitations in subsection (a) must comply with all statutes and regulations generally applicable to unmanned aircraft and unmanned aircraft systems.

I've highlighted some areas. First, as I read this, there is only a possible altitude limit when within a Class rated airspace. No? #5 would could add altitude limits to Class, B, C or D and #6 has the 400' limit on Class G.

The other thing is that the FAA states no further operating authority is needed when... and on the list there are 8 items. Item 7 is that the person take a safety test. However, no one can take that test as it does not exist. Does this mean we can simply ignore that for now? LAANC is also not available. Can we ignore that as well? Where in this new law does it state that we can ignore parts of it and still fly? So we cannot fly at all? If we are unable to follow the law, does it apply at all?

The official release of the rules published in the Federal Register on 05/17/2019 at Exception for Limited Recreational Operations of Unmanned Aircraft states

Authorization To Operate Recreational Unmanned Aircraft at Certain Fixed Sites in Controlled Airspace
Until LAANC is available for recreational operations, the FAA is granting temporary airspace authorizations to operate at certain fixed sites (commonly referred to as flying fields) that are established by an agreement with the FAA. For fixed sites that are located in controlled airspace two or more miles from an airport, operations are authorized up to the unmanned aircraft system (UAS) facility map (UASFM) altitudes.

Item 7 is that the person take a safety test. However, no one can take that test as it does not exist. Does this mean we can simply ignore that for now?
Again from the Federal Register:
The FAA currently is developing an aeronautical knowledge and safety test and plans to engage stakeholders on its development through a public process. The FAA acknowledges that satisfying this statutory condition is impossible until the FAA establishes the aeronautical knowledge and safety test.
For the reasons discussed earlier in this document, the FAA has determined this condition will apply only after the FAA develops and makes available the knowledge and safety test.
Accordingly, during this interim period, recreational flyers who adhere to the other seven conditions under section 44809(a), may use the exception for limited recreational unmanned aircraft operations.

 

[tcope]

The official release of the rules published in the Federal Register on 05/17/2019 at Exception for Limited Recreational Operations of Unmanned Aircraft states

Thank you for posting this. Extremely helpful. Can't see that any "normal" person would know this or even be able to find this information. Good thing the FAA has made this all less confusing.

 

[msinger]

Can't see that any "normal" person would know this or even be able to find this information

While normal people might not be able to find the hobby flying rules on the FAA website either, the FAA did explain those changes here:

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

 

[brett8883]

Please don't take this post too seriously but I wanted to pose a question and observation about the FAA Reauthorization Act of 2018. Section 44809 states as follows:


‘‘§44809. Exception for limited recreational operations of unmanned aircraft ‘‘(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. ‘‘(b) OTHER OPERATIONS.—Unmanned aircraft operations that do not conform to the limitations in subsection (a) must comply with all statutes and regulations generally applicable to unmanned aircraft and unmanned aircraft systems.

I've highlighted some areas. First, as I read this, there is only a possible altitude limit when within a Class rated airspace. No? #5 would could add altitude limits to Class, B, C or D and #6 has the 400' limit on Class G.

The other thing is that the FAA states no further operating authority is needed when... and on the list there are 8 items. Item 7 is that the person take a safety test. However, no one can take that test as it does not exist. Does this mean we can simply ignore that for now? LAANC is also not available. Can we ignore that as well? Where in this new law does it state that we can ignore parts of it and still fly? So we cannot fly at all? If we are unable to follow the law, does it apply at all?

Because you need authorization in all other airspaces the FAA can control the height limit on a case by case basis. Given the nature of controlled airspace and the FAAs stance of height the chance of them approving a flight over 400’ is zero.

In fact the absence of a height limit in controlled airspace is more likely to exist to thwart any confusion or legal challenges to the fact that the FAA, in most cases, will impose a lower height limit on UAVs in controlled airspace than 400’ not the other way around.

 

[pmshop]

Just typical government.... they got the cart in front of the horse.

Very typical.
All I will say is they should have had LAANC available FIRST...THEN lock down the towers.