Why A Recreational Pilot Should Obtain a Commercial Drone License

[spudster]

Interesting article that addresses this issue from Rupprecht Law. Small Snippet:

I’ve been helping clients navigate responding to FAA investigations. I’ve seen how situations can go south really bad for the recreational guys. Here is the big gotcha……when you violate one of the recreational restrictions, you are no longer seen as recreational but as non-recreational and the rest of the regulations apply. Instead of just a violation for one thing, the violation makes all the Part 107 regulations apply which means you end up getting more violations.

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jrupprechtlaw.com

 

[BigAl07]

That's CORRECT! Recreational Flying(~44809) is an "Exception" to Part 107 and if you don't abide by every aspect of ~44809 then you are accountable for ALL of Part 107.

 

[akdrone]

Well...apparently I did not know everything there is to know! Thanks for this pointer. Maybe NOW I know everything? Where are Dunning and Kruger when you need them?

 

[SethB]

Well, that would really not be fun! At all! The point seems clear, that if you don’t qualify under 44809… like @BigAl07 said above, you’re smack dab in Pt. 107 rules & regs.

However, the two cases Rupprecht shares started with non-compliance by flying over people. On human behavior, it seems to me that anyone thinking about a Pt. 107 certificate is likely a careful flyer who will not be flying over people, under 44809 or 107.

Someone so unaware as to be flying over people isn’t really a rec flyer, doesn’t care about drone laws, didn’t take TRUST, and is unlikely to be reached at all via Rupprecht’s blog or this forum, much less be persuaded to take the remote pilot exam!

 

[OkDrone]

There is a wealth of information to be gained by studying for the part 107. If someone took the time to study, they would probably be such a better pilot and have a much better understanding of the rules and regulations. I for one am very adamant about flying safe whether Rec or 107. WE all want the drone community's reputation to be untarnished and well represented.

 

[JoelP]

Sooner it later somebody will ask you to use your drone to do something that has commercial value. Even if you never intend to charge for flying your drone this gives you the freedom to do your friends a favor. It is also never a bad thing to know more about all of the factors in drone flying that are covered, e.g. aviation weather, the controlled airspace and the regulations.

 

[theDRONEranger]

Someone so unaware as to be flying over people isn’t really a rec flyer, doesn’t care about drone laws, didn’t take TRUST, and is unlikely to be reached at all via Rupprecht’s blog or this forum, much less be persuaded to take the remote pilot exam!

USA speaking . . . I would have to disagree a bit on that “Someone so unaware . . .”
Some folk will buy a drone to simply supplement their ground level photos, enhance their vacation memories, or whatever purpose they may have in mind. Some folk still have no clue that FAA rules and regulations exist for piloting a UAS. This forum provides newcomers and experienced persons alike on a plethora of UAS subjects. But not all drone pilots come here. Dare I say many remain ignorant as to FAA rules simply because they look at their drone operation as a personal hobby that has nothing to do with the government. They fly simply for their own enjoyment. With the differing types and manufacturers of UAS today, drone makers are simply touting the fun things one can do and post little advice of rules and regulations. Similar to the owner’s manual of your new car! Some read it, some don’t! Then they find out contrasting issues the hard way!

 

[Rick B.]

I got my 107 in November...not because I wanted to do commercial drone flying, but because I fear the rules will change in the future and we'll ALL have to be 107 licensed. Now that said, other than the few dollars it took -- I took the 107 course from Pilot Institute -- the cost of the test itself, and the time spent studying, the whole thing was well worth it. As a previous non-aviator, it was all very interesting. I don't regret the time, money and effort.

As a side bar, I can't even imagine taking the 107 test without some sort of prep course beforehand...if you have an aviation background, you might find it rather juvenile, but I got a bunch of knowledge out of the whole event. I guess this is just a long-winded way to say, for me, this was a "better safe than sorry" effort with no regrets.

 

[BigAl07]

I got my 107 in November...not because I wanted to do commercial drone flying, but because I fear the rules will change in the future and we'll ALL have to be 107 licensed. Now that said, other than the few dollars it took -- I took the 107 course from Pilot Institute -- the cost of the test itself, and the time spent studying, the whole thing was well worth it. As a previous non-aviator, it was all very interesting. I don't regret the time, money and effort.

I completely agree. To be honest, (this is goin to ruffle some feathers here) I feel like today's Part 107 should be the MIN requirement to fly a UAS in the NAS here in the US and Commercial should be more/bigger. I also think Part 107 should have an actual Flight Proficiency aspect to it for any Commercial endorsements etc. You should have to demonstrate you can at least perform a thorough preflight, initiate flight, fly a designated route, land safely, do a thorough postflight inspect, and be able to answer some on-the-fly questions by the Examiner.

Kudos to you for taking that effort and getting the ticket. I'd be willing to be you're a better UAS Pilot because of it and at the very least you have a much deeper and broader understanding of UAS operations and US regulations. Well done

As a side bar, I can't even imagine taking the 107 test without some sort of prep course beforehand...if you have an aviation background, you might find it rather juvenile, but I got a bunch of knowledge out of the whole event. I guess this is just a long-winded way to say, for me, this was a "better safe than sorry" effort with no regrets.

I get asked several times a week, "How hard is the test and do I REALLY need any type of prep work"?

I always say this, "The test isn't hard at all, in fact it's too easy if you know the subject matter. But if you haven't been exposed to Aviation and UAS operations you're not going to "wing it" (pun intended). It's like me trying to go take a French test without having any exposure to the language at all. If I were deeply involved with speaking French I would be able to pass but otherwise it's not a "common sense" type of test."

 

[Nash2017]

I think every serious recreational flyers should take Part 107 (in USA)- The learning about the regulations is definitely worth the price and makes everyone a safe pilot.

 

[tca]

Sooner it later somebody will ask you to use your drone to do something that has commercial value. Even if you never intend to charge for flying your drone this gives you the freedom to do your friends a favor. It is also never a bad thing to know more about all of the factors in drone flying that are covered, e.g. aviation weather, the controlled airspace and the regulations.

So you do a "favor" for a friend such as take photos of his roof to see if there Is storm damage...as long as you are NOT paid or compensated then you are ok......Right?

 

[Rabber]

Are you kidding me?!! So now it's come to this. Want to fly a drone and take some cool pictures? Want to have some fun flying your drone around grandpas farm? Want to have a fun activity with your kid?

Well don't leave the government behind. Get all of your Part 107, 109, A-1123. x,y,z. Get so many stickers your drone won't fly. Oops! That's a violation..go directly to jail and do not pass go. Confiscate the drone and your not allowed to have another.

Try this instead. Be responsible. Be considerate. Don't go where your not supposed to go.

 

[Vic Moss]

Are you kidding me?!! So now it's come to this. Want to fly a drone and take some cool pictures? Want to have some fun flying your drone around grandpas farm? Want to have a fun activity with your kid?

Well don't leave the government behind. Get all of your Part 107, 109, A-1123. x,y,z. Get so many stickers your drone won't fly. Oops! That's a violation..go directly to jail and do not pass go. Confiscate the drone and your not allowed to have another.

That's a pretty bad summary of the UAS safety rules.

 

[BigAl07]

So you do a "favor" for a friend such as take photos of his roof to see if there Is storm damage...as long as you are NOT paid or compensated then you are ok......Right?

You can not "Recreate" for someone else. Even charity/volunteer operations do not fall under ~44809 (Recreational).

Now is anyone going to come after you for helping out a friend? Most likely NOT! If there is an "incident" while "helping out a friend" then you're liable for all of Part 107. It's your choice on how to proceed Legal or not

 

[BigAl07]

Are you kidding me?!! So now it's come to this. Want to fly a drone and take some cool pictures? Want to have some fun flying your drone around grandpas farm? Want to have a fun activity with your kid?

Well don't leave the government behind. Get all of your Part 107, 109, A-1123. x,y,z. Get so many stickers your drone won't fly. Oops! That's a violation..go directly to jail and do not pass go. Confiscate the drone and your not allowed to have another.

Try this instead. Be responsible. Be considerate. Don't go where your not supposed to go.

This isn't something "New and Improved". It's been this way for a few years now and flying in the NAS comes with responsibilities and expectations.

 

[sar104]

Try this instead. Be responsible. Be considerate. Don't go where your not supposed to go.

Is that also your explanation to the cops when they ask for you drivers license and you have to explain why you never bothered to get licensed?

 

[CalOldBlue]

So you do a "favor" for a friend such as take photos of his roof to see if there Is storm damage...as long as you are NOT paid or compensated then you are ok......Right?

Nope. In fact, under strict reading of the regs, if you use your drone to inspect YOUR OWN roof for storm damage, that's not recreational.

I did exactly that a month back due to a massive storm here... thankfully I went ahead and got my Part 107 license even before I got my drone. Here's a shot of a plugged downspout.

 

[Deleted member 93449]

Some people know and make mistakes. Some people know and don't care. Some people don't know and would care if they knew. Some people don't know and wouldn't care even if they did know.

I think the FAA is concerned with those that don't know but even more concern with those that do know and don't seem to care. Those are the folks they should really come down hard on.

I've been advocating that every drone sold in the U.S. should have the basics printed in bold lettering right on the box. At a minimum...

No flights above 400' AGL (above ground level)
No flights within 5 miles of an airport
No flights over people or moving traffic
No flights at night
See FAADroneZone for additional information and answers to FAQ

Keep it simple. The above would cover the vast majority of incidents and a simple list isn't going to overwhelm folks that are just getting start. You don't want to hit them over the head with a ton of regulations right off the bat.

As for getting the 107, I decided to do it as soon as I got start flying drones 4 years ago knowing in the back of my head more regulations were coming. As a part 61 flier the test wasn't an issue BUT when asked by non-pilots "how is the test" I didn't mince words, it's not easy and it's going to require study. Yea, yea I know all the geniuses here that never saw a sectional before got a 95% on the test but anyone saying reading/interpreting sections, reading/interpreting aviation weather reports is easy for a beginner is understating the initial difficult and that overwhelming feel when most people see a sectional chart for the first time. Telling folks before you go out and fly that $100 drone through an obstacle course you created in your backyard you need to be able to tell me what all these circles, symbols and numbers mean is a little much.

Things should be kept simple for those just looking to have some fun in their backyard or local park. Simple rules like those mentioned above aren't a huge hurtle and if after individuals have dipped their toe in to the shallow end of the pool decide they'd like to go deeper, and anything commercial, add on the burden of really digging into the rules and regulations.

 

[Vic Moss]

Some people know and make mistakes. Some people know and don't care. Some people don't know and would care if they knew. Some people don't know and wouldn't care even if they did know.

I think the FAA is concerned with those that don't know but even more concern with those that do know and don't seem to care. Those are the folks they should really come down hard on.

I've been advocating that every drone sold in the U.S. should have the basics printed in bold lettering right on the box. At a minimum...

No flights above 400' AGL (above ground level)
No flights within 5 miles of an airport
No flights over people or moving traffic
No flights at night
See FAADroneZone for additional information and answers to FAQ

Keep it simple. The above would cover the vast majority of incidents and a simple list isn't going to overwhelm folks that are just getting start. You don't want to hit them over the head with a ton of regulations right off the bat.

As for getting the 107, I decided to do it as soon as I got start flying drones 4 years ago knowing in the back of my head more regulations were coming. As a part 61 flier the test wasn't an issue BUT when asked by non-pilots "how is the test" I didn't mince words, it's not easy and it's going to require study. Yea, yea I know all the geniuses here that never saw a sectional before got a 95% on the test but anyone saying reading/interpreting sections, reading/interpreting aviation weather reports is easy for a beginner is understating the initial difficult and that overwhelming feel when most people see a sectional chart for the first time. Telling folks before you go out and fly that $100 drone through an obstacle course you created in your backyard you need to be able to tell me what all these circles, symbols and numbers mean is a little much.

Things should be kept simple for those just looking to have some fun in their backyard or local park. Simple rules like those mentioned above aren't a huge hurtle and if after individuals have dipped their toe in to the shallow end of the pool decide they'd like to go deeper, and anything commercial, add on the burden of really digging into the rules and regulations.

One of the FAA committees I'm on is working on this very thing. We're looking at the possibility of putting a QR code on or in every retail box. The issue is that drone manufacturers would have to agree to do this. To get them to be required is a bit of a regulatory hassle.

 

[SethB]

USA speaking . . . I would have to disagree a bit on that “Someone so unaware . . .”
Some folk will buy a drone to simply supplement their ground level photos, enhance their vacation memories, or whatever purpose they may have in mind. Some folk still have no clue that FAA rules and regulations exist for piloting a UAS. This forum provides newcomers and experienced persons alike on a plethora of UAS subjects. But not all drone pilots come here. Dare I say many remain ignorant as to FAA rules simply because they look at their drone operation as a personal hobby that has nothing to do with the government. They fly simply for their own enjoyment. With the differing types and manufacturers of UAS today, drone makers are simply touting the fun things one can do and post little advice of rules and regulations. Similar to the owner’s manual of your new car! Some read it, some don’t! Then they find out contrasting issues the hard way!

Well, sure. I’m not disagreeing - I think we’re talking about the same people. Unaware is unaware, no matter the reason.

I take the point that some have never had an inkling that drones fly in the NAS that’s administered by FAA, or that there are FAA regs/rulemaking directed by Congress on what they think of as toys or hobbies. I wouldn’t blame anyone for their lack of info. Well, some are willfully ignorant, but many are not.

It’s hard to imagine much change until/unless there are actions by manufacturers in a public safety partnership that gets the word out on every box, every Amazon page, every… place!

It’s a very interesting point @BigAl07 makes about the need for more mandatory certification for everyone. To me it came as a surprise that there was no operational component of what commercial licensing exists. That *did not* make sense to me.

I too would encourage any interested rec flyer to study for the remote pilot test and to consider taking it. Once it’s under your belt it’s free and fun to stay current every 24 mos. Or whenever you’re feeling a little rusty.

In fact, short of a rec pilot taking the initial remote pilot exam, I believe there’s no restriction on their taking the recurrent exam. (I think) Anyone can do it, its free, the subject areas are weighted a little differently than the initial exam, but one could learn a lot going through it, including the latest regs on night flying and Operations Over People & vehicles. It’s a lecture, study guide, and quiz/test all-in-one.