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Rules for recreational flyers not clear/complete

This should clear things up:

"What are the operations over people categories?​

The ability to fly over people varies depending on the level of risk that a small UAS operation presents to people on the ground. Operations over people are permitted subject to the following requirements:

  • Category 1 small unmanned aircraft are permitted to operate over people, provided the small unmanned aircraft:
    • Weigh 0.55 pounds or less, including everything that is on board or otherwise attached to the aircraft at the time of takeoff and throughout the duration of each operation.
    • Contain no exposed rotating parts that would cause lacerations.
In addition, for Category 1 operations, no remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies unless the operation is compliant with Remote ID.

  • Category 2 and Category 3 provide performance-based eligibility and operating requirements when conducting operations over people using unmanned aircraft that weigh more than .55 pounds but do not have an airworthiness certificate under part 21.
  • In addition, for Category 2 operations, no remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies unless the operation is compliant with Remote ID.
  • Category 3 small UAS have further operating restrictions. A remote pilot in command may not operate a small unmanned aircraft over open-air assemblies of human beings. Additionally, a remote pilot in command may only operate a small unmanned aircraft over people if:
    • The operation is within or over a closed- or restricted-access site and all people on site are on notice that a small UAS may fly over them; or
    • The small unmanned aircraft does not maintain sustained flight over any person unless that person is participating directly in the operation or located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft.
  • Category 4 operations is an addition from the NPRM. This category allows small unmanned aircraft issued an airworthiness certificate under part 21 to operate over people, so long as the operating limitations specified in the approved Flight Manual or as otherwise specified by the Administrator, do not prohibit operations over people. Additionally, no remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies unless the operation is compliant with Remote ID. To preserve the continued airworthiness of the small unmanned aircraft and continue to meet a level of reliability that the FAA finds acceptable for operating over people in accordance with Category 4, additional requirements apply.
Note: Sustained flight over an open-air assembly includes hovering above the heads of persons gathered in an open-air assembly, flying back and forth over an open-air assembly, or circling above the assembly in such a way that the small unmanned aircraft remains above some part the assembly. ‘Sustained flight’ over an open-air assembly of people in a Category 1, 2, or 4 operation does not include a brief, one-time transiting over a portion of the assembled gathering, where the transit is merely incidental to a point-to-point operation unrelated to the assembly.

Operation over Moving Vehicles​

In a change from the NPRM, the final rule permits operations over moving vehicles, provided the small unmanned aircraft operation meets the requirements of Category 1, 2 or 3 and either:

  • The small unmanned aircraft must remain within or over a closed- or restricted-access site, and all people inside a moving vehicle within the closed- or restricted-access site must be on notice that a small unmanned aircraft may fly over them; or
  • The small unmanned aircraft does not maintain sustained flight over moving vehicles.
A remote pilot may also conduct operations over moving vehicles with a small unmanned aircraft eligible for Category 4 operations as long as the applicable operating limitations in the approved Flight Manual or as otherwise specified by the Administrator do not prohibit such operation.

Night Operations​

This rule allows routine operations of small UAS, beginning April 21, 2021, at night under two conditions:

  1. The remote pilot in command must complete an updated initial knowledge test or online recurrent training, and
  2. The small unmanned aircraft must have lighted anti-collision lighting visible for at least three (3) statute miles that has a flash rate sufficient to avoid a collision."
This is Part 107 subpart D and Part 107.29. aka Part 107 rules and as mentioned in § 107.1 those rules not applicable to a pilot operating under the 49 USC 44809 Exception for limited recreational operations of unmanned aircraft

You cannot look those rules in a vacuum. You have to look at them as a whole and understand what and when they are applicable.
 
So this is exactly what prompted me to start this thread. After reading thru the relevant material several times I had come to the conclusion, as you stated it that, “If you DO adhere to all eight of the limitations, then none of Part 107 applies to you. Part 107.1(b)(2) specifically says Part 107 does not apply to flights conducted under 44809”. But then I was reading all sorts of other posts here that contradicted that conclusion. It seems to me that logically, unless and until something gets changed, it works as you describe. I think the problem currently is lack of approved CBO’s if you choose not to follow AMA.
Why on earth are you trying to reconcile incorrect information in random posts on a discussion forum with the clearly written law that you have already read and understood?

The recreational exemption, 49 U.S.C §44809, exempts you from all of 14 CFR Part 107, as clearly stated in Part 107 itself:

§ 107.1 Applicability.​
(b) This part does not apply to the following:​
(2) Any aircraft subject to the provisions of 49 U.S.C. 44809;​

In other words the requirements of 49 U.S.C. 44809 represent a separate set of rules which, if followed, relieve you of the requirements of 14 CFR Part 107.
 
Perhaps I am mis-remembering... So here is another link to the rules changes of April 21st.

FAA Rules changes, April 21, 2022
But those are rule changes to Part 107. Those changes have no relevance to someone flying under the 44809 recreational rules, since Part 107.1(b)(2) says that Part 107 doesn't apply to 44809 flights.

44809 and Part 107 are totally separate. If you comply with the eight limitations of 44809, then the flight is legal under 44809 and Part 107 doesn't apply. If you fail to comply with one or more of the eight limitations in 44809, then 44809 doesn't apply and all of Part 107 applies.
 
Why on earth are you trying to reconcile incorrect information in random posts on a discussion forum with the clearly written law that you have already read and understood?

The recreational exemption, 49 U.S.C §44809, exempts you from all of 14 CFR Part 107, as clearly stated in Part 107 itself:

§ 107.1 Applicability.​
(b) This part does not apply to the following:​
(2) Any aircraft subject to the provisions of 49 U.S.C. 44809;​

In other words the requirements of 49 U.S.C. 44809 represent a separate set of rules which, if followed, relieve you of the requirements of 14 CFR Part 107.
You are right, but I’m new to all this and I’m just trying to make sure I’m doing everything by the book…and in this case “by the book” wasn’t completely clear…😎
 
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You are right, but I’m new to all this and I’m just trying to make sure I’m doing everything by the book…and in this case “by the book” wasn’t completely clear…😎
You may be new, but your understanding of the regulations seems to be just fine.
 
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But those are rule changes to Part 107. Those changes have no relevance to someone flying under the 44809 recreational rules, since Part 107.1(b)(2) says that Part 107 doesn't apply to 44809 flights.

44809 and Part 107 are totally separate. If you comply with the eight limitations of 44809, then the flight is legal under 44809 and Part 107 doesn't apply. If you fail to comply with one or more of the eight limitations in 44809, then 44809 doesn't apply and all of Part 107 applies.
Thanks for this. Now that I have gone back and re-read Part 107.1(b)(2) it seems to pretty clear. IMO if they just made that specific point and referenced Part 107.1(b)(2) in the TRUST material and test they could avoid some confusion on the part of new flyers.
 
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I live with a woman with long hair who sheds like a German Shepard :). I never thought that testing my drone indoors would "ingest" a long hair. But it did. It would probably still fly, but would make the motor work so much harder. It was a pain to get the hair cleared out of there.

On a separate note, one thing also to check periodically is vertical prop "wobble". If the propeller moves up and down at the base where the screw connects the prop to the motor, consider getting out the screw driver and make sure everything is as snug as it can be. Every so often I'd find that with my Mini 1 and MIni 2.
 
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Isn't that applicable only to Part 107 operations?
Yeah... I think so and I was probably mistaken in my original post. Age and medicine often scramble the memory.
 
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Thank you for the excellent summary but you left out 1 important thing.Umm...where did the woman's hair come from?You can post flight logs or just leave us to guess😜
 
I don’t see any allowance for “transient” flight over non-participating persons in part 107 unless the the flight already qualifies for one of the 4 categories outlined in 107 subpart D for flying over people.

Like you, I'm not aware of any provision allowing flight over non-participating people prior to the update in subpart D,

I was pointing out that this statement doesn't apply to recreational flights; recreational pilots are not allowed to fly over people.

"9) You may (as of April 21, 2022) fly over people or vehicles if going over them is transitional. That means a just passing through one time (and possibly on return), not hovering or lingering. But again, stay away from events."
 
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Like you, I'm not aware of any provision allowing flight over non-participating people prior to the update in subpart D,

I was pointing out that this statement doesn't apply to recreational flights; recreational pilots are not allowed to fly over people.

"9) You may (as of April 21, 2022) fly over people or vehicles if going over them is transitional. That means a just passing through one time (and possibly on return), not hovering or lingering. But again, stay away from events."
Recreational pilots ARE allowed to fly over people as long as the follow all the recreational rules.
 
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Recreational pilots ARE allowed to fly over people as long as the follow all the recreational rules.

No person may operate a small unmanned aircraft over a human being unless -​
(a) That human being is directly participating in the operation of the small unmanned aircraft;​
(b) That human being is located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft; or​
(c) The operation meets the requirements of at least one of the operational categories specified in subpart D of this part.​
 
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No person may operate a small unmanned aircraft over a human being unless -​
(a) That human being is directly participating in the operation of the small unmanned aircraft;​
(b) That human being is located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft; or​
(c) The operation meets the requirements of at least one of the operational categories specified in subpart D of this part.​
That’s the correct information for part 107 operations. However, part 107 doesn’t apply to recreational pilots as we already established in this thread.0450A816-F0AD-41BE-B73C-DF07F1A3BFD2.jpeg
 
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