USA Max Flight Altitude

chslam · Jan 27, 2019

I have read in various forums that in the US there aren’t any limitations to how high you can fly a drone, you just have to be able to see it. Is this true and if it is, can you sight your source?

HVYMTL · Jan 27, 2019

A quick google search came up with this..

The maximum allowable altitude is 400 feet above the ground, and higher if yourdrone remains within 400 feet of a structure.Jun 21, 2016
Fact Sheet – Small Unmanned Aircraft Regulations (Part 107)
Fact Sheet – Small Unmanned Aircraft Regulations (Part 107)

JDawg · Jan 27, 2019

There is no altitude limit in the US. You can also fly at night.

paulatkin73 · Jan 27, 2019

some people think sarcasm is funny. it is not.
Recreational Fliers & Modeler Community-Based Organizations

chslam · Jan 27, 2019

paulatkin73 said:
some people think sarcasm is funny. it is not.
Recreational Fliers & Modeler Community-Based Organizations

At or below 400 feet confirmed, thanks for the reply!

JDawg · Jan 27, 2019

paulatkin73 said:
some people think sarcasm is funny. it is not.
Recreational Fliers & Modeler Community-Based Organizations

There are so many threads on this it is incredidible. There is NO ALTITUDE LIMIT and you CAN FLY AT NIGHT.
Think of the Search Function as a library, use it to learn all kinds of neat stuff.

chslam · Jan 27, 2019

JDawg said:
There are so many threads on this it is incredidible. There is NO ALTITUDE LIMIT and you CAN FLY AT NIGHT.
Think of the Search Function as a library, use it to learn all kinds of neat stuff.

The link says at or below 400 feet.

STUFF2C · Jan 27, 2019

This.... http://www.ama10.wildapricot.org/re...GUIDANCE FOR CITIES _ LAW ENFORCEMENT PDF.pdf

JDawg · Jan 27, 2019

chslam said:
The link says at or below 400 feet.

Then stay below 400', I usually do, but there is not law for recreational users to stay below 400'. It is explained 100 times over the last few months, again, the search forum is your friend. You will get a lot of bad info here if you do not learn who to listen to, there are a few who actually know the laws - 400 foot elevation?

HVYMTL · Jan 27, 2019

Giving out dangerous advice ("NO ALTITUDE LIMIT, you CAN FLY AT NIGHT ) is so careless and reckless. You might as well tell them to be sure to aim for the intake of the jet engine to maximize the damage. Laws or not.. giving out information like that to those that don't know will ruin it for everyone.

JDawg · Jan 27, 2019

HVYMTL said:
Giving out dangerous advice ("NO ALTITUDE LIMIT, you CAN FLY AT NIGHT ) is so careless and reckless. You might as well tell them to be sure to aim for the intake of the jet engine to maximize the damage. Laws or not.. giving out information like that to those that don't know will ruin it for everyone.

So you are saying to lie? In my circle it is ok to treat adults like adults, ymmv.

HVYMTL · Jan 27, 2019

JDawg said:
So you are saying to lie?

No I'm not saying lie to them. point them in the right direction of the Community based rules that has been established to maintain our freedom to fly.

JDawg · Jan 27, 2019

HVYMTL said:
No I'm not saying lie to them. point them in the right direction of the Community based rules that has been established to maintain our freedom to fly.

His question
"I have read in various forums that in the US there aren’t any limitations to how high you can fly a drone, you just have to be able to see it. Is this true "
The answer is it is true. I am not going to mislead anyone, there is already too much bad information on the interweb. and the next ting you know he will putting on his drone cop hat and calling out flyers who are over 400'

HVYMTL · Jan 27, 2019

JDawg said:
His question
"I have read in various forums that in the US there aren’t any limitations to how high you can fly a drone, you just have to be able to see it. Is this true "
The answer is it is true. I am not going to mislead anyone, there is already too much bad information on the interweb. and the next ting you know he will putting on his drone cop hat and calling out flyers who are over 400'

Would it be such a bad thing to put on that cop hat if it meant saving the rest of us from so many rules and regulations that it isn't any fun at all to fly? Next thing we know the law will be can't fly unless it's in beginner mode.
I'm just going to agree that we disagree on the rules/laws, and what we should be encouraging others to do.

JDawg · Jan 27, 2019

HVYMTL said:
Would it be such a bad thing to put on that cop hat if it meant saving the rest of us from so many rules and regulations that it isn't any fun at all to fly? Next thing we know the law will be can't fly unless it's in beginner mode.
I'm just going to agree that we disagree on the rules/laws, and what we should be encouraging others to do.

I get where you are coming from but the truth is there is no limit at this time, that's just fact.

sea157 · Jan 27, 2019

paulatkin73 said:
some people think sarcasm is funny. it is not.
Recreational Fliers & Modeler Community-Based Organizations

I AGREE!!!!

sea157 · Jan 27, 2019

HVYMTL said:
Giving out dangerous advice ("NO ALTITUDE LIMIT, you CAN FLY AT NIGHT ) is so careless and reckless. You might as well tell them to be sure to aim for the intake of the jet engine to maximize the damage. Laws or not.. giving out information like that to those that don't know will ruin it for everyone.

I agree !

sar104 · Jan 27, 2019

It really is quite remarkable how often this question is asked, and how much misinformation is asserted in response. If the question is about recreational flight, currently regulated by 14 CFR Part 101 subpart E, the rules are clear. This is Part 101 subpart E in its entirety:

Subpart E—Special Rule for Model Aircraft

Source: Docket FAA-2015-0150, Amdt. 101-9, 81 FR 42208, June 28, 2016, unless otherwise noted.

§101.41 Applicability.

This subpart prescribes rules governing the operation of a model aircraft (or an aircraft being developed as a model aircraft) that meets all of the following conditions as set forth in section 336 of Public Law 112-95:

(a) The aircraft is flown strictly for hobby or recreational use;

(b) The aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization;

(c) The aircraft is limited to not more than 55 pounds unless otherwise certified through a design, construction, inspection, flight test, and operational safety program administered by a community-based organization;

(d) The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; and

(e) When flown within 5 miles of an airport, the operator of the aircraft provides the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice of the operation.

§101.43 Endangering the safety of the National Airspace System.

No person may operate model aircraft so as to endanger the safety of the national airspace system.

There is no altitude limit included, but 101.41 (b) states that "the aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization".

Currently that means, effectively, the AMA. If you look at the AMA Safety Handbook, it has no general altitude limit, but mentions staying under 400 ft within 3 miles of airports. This exact question was raised by the AMA with the FAA, who provided a written response confirming that there is no altitude limit for recreational flight. That's the law - and supersedes all recommendations and pleas by the FAA on their website.

Looking ahead, in Section 349 of the FAA Reauthorization Act of 2018, which repeals the Special Rule for Model Aircraft that prevented the FAA from regulating recreational flight, the following provision has been added:

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.

However, until that is implemented by the FAA in 14 CFR, it does not apply.

JDawg · Jan 27, 2019

sar104 said:
It really is quite remarkable how often this question is asked, and how much misinformation is asserted in response. If the question is about recreational flight, currently regulated by 14 CFR Part 101 subpart E, the rules are clear. This is Part 101 subpart E in its entirety:

Subpart E—Special Rule for Model Aircraft
Source: Docket FAA-2015-0150, Amdt. 101-9, 81 FR 42208, June 28, 2016, unless otherwise noted.

§101.41 Applicability.
This subpart prescribes rules governing the operation of a model aircraft (or an aircraft being developed as a model aircraft) that meets all of the following conditions as set forth in section 336 of Public Law 112-95:

(a) The aircraft is flown strictly for hobby or recreational use;

(b) The aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization;

(c) The aircraft is limited to not more than 55 pounds unless otherwise certified through a design, construction, inspection, flight test, and operational safety program administered by a community-based organization;

(d) The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; and

(e) When flown within 5 miles of an airport, the operator of the aircraft provides the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice of the operation.

§101.43 Endangering the safety of the National Airspace System.
No person may operate model aircraft so as to endanger the safety of the national airspace system.

There is no altitude limit included, but 101.41 (b) states that "the aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization".

Currently that means, effectively, the AMA. If you look at the AMA Safety Handbook, it has no general altitude limit, but mentions staying under 400 ft within 3 miles of airports. This exact question was raised by the AMA with the FAA, who provided a written response confirming that there is no altitude limit for recreational flight. That's the law - and supersedes all recommendations and pleas by the FAA on their website.

Looking ahead, in Section 349 of the FAA Reauthorization Act of 2018, which repeals the Special Rule for Model Aircraft that prevented the FAA from regulating recreational flight, the following provision has been added:

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.

However, until that is implemented by the FAA in 14 CFR, it does not apply.