Why To Get a License Just To Fly Recreational

[tom29928]

I got my Remote Pilot license recently, and I just ran across the article linked here . I had visited this drone lawyer's website, and he seems like he's reputable.
His article makes some legal arguments in favor of getting the license. FYI, I used King Schools to study for the test.

 

[Tony McDrone]

Very good article, thanks for posting.

 

[brett8883]

I got my Remote Pilot license recently, and I just ran across the article linked here . I had visited this drone lawyer's website, and he seems like he's reputable.
His article makes some legal arguments in favor of getting the license. FYI, I used King Schools to study for the test.

I don’t understand his argument. If you are breaking one of the recreational rules then you are also breaking part 107 rules because there are almost no situations where part 107 is less strict than recreational rules(there is 1 however, 400 feet over a structure.) How would having a part 107 help you if you are breaking a part 107 rule?

I also take issue with his example of flying over people which is notably NOT against the statutory conditions to qualify for the recreational rules.

The statutory conditions to qualify for recreational rules are as follows:


Ҥ44809. 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”

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44809&num=0&edition=prelim

Flying over people does NOT cause you to lose your your exception for the Limited Recreational Operation of Unmanned Aerial Vehicles.

 

[brett8883]

The reasons to get a part 107 certificate are:

1) To fly for something other than recreational purposes

2) To fly 400 ft above structures

3) To get higher Altitude clearances in controlled airspace.

4) Possibly of getting waivers for things that are not allowed normally under either set of rules.

5) Because it’s informative, gives you street cred in the sUAS community.

6) You get a neat ID card with a halogram ?

There are many more rules for part 107 operations and many more opportunities for citations if flying under part 107 rules.

 

[Deleted Member 997]

The reasons to get a part 107 certificate are:

1) To fly for something other than recreational purposes

2) To fly 400 ft above structures

3) To get higher Altitude clearances in controlled airspace.

4) Possibly of getting waivers for things that are not allowed normally under either set of rules.

5) Because it’s informative, gives you street cred in the sUAS community.

6) You get a neat ID card with a halogram ?

There are many more rules for part 107 operations and many more opportunities for citations if flying under part 107 rules.

No.. absolutely not, your 5 & 6 is the gangster reason why I'm out of this community

 

[brett8883]

No.. absolutely not, your 5 & 6 is the gangster reason why I'm out of this community

It’s called sarcasm but bye

 

[brett8883]

No.. absolutely not, your 5 & 6 is the gangster reason why I'm out of this community

Plus you literally have your certificates in your in your profile header. What’s the purpose of that I ask? Could it be, hmm... because you want people to take what you say you more seriously=street cred? ?

So in your case #6 is sarcastic I think but not #5

 

[Deleted member 114292]

No.. absolutely not, your 5 & 6 is the gangster reason why I'm out of this community

lol if you are out of the community then why are still reading the daily updates and posting?
The only reason to be out of the community is because you got called out for rudeness.
Perhaps you will come to understand this community better over time and not be so prejudice.
Then again since you are a "pro" maybe not.

 

[Fort Pierce Pilot]

I ran across Atty Rupprecht's site while studying for my part 107. He has the most comprehensive collection of information I have found on the topic. So much so I found it overwhelming. I did take his practice exam and found that helpful. Defintely a site to put in the favorites under Drone Reference Library. I got mine because I am using my community images in my work advocating for manufactured housing. It's nonprofit but I believe such use would be considered commercial. I'll admit to wanting the street cred too! Many of the communities that interest me are near airports so authorizations/waivers become important. In hindsight though it was most worthwhile for what I learned. I like to think I am a much better pilot as a result of the effort it took.

 

[Deleted member 114292]

I ran across Atty Rupprecht's site while studying for my part 107. He has the most comprehensive collection of information I have found on the topic. So much so I found it overwhelming. I did take his practice exam and found that helpful. Defintely a site to put in the favorites under Drone Reference Library. I got mine because I am using my community images in my work advocating for manufactured housing. It's nonprofit but I believe such use would be considered commercial. I'll admit to wanting the street cred too! Many of the communities that interest me are near airports so authorizations/waivers become important. In hindsight though it was most worthwhile for what I learned. I like to think I am a much better pilot as a result of the effort it took.

Not to mention you gain some great knowledge in the process.

 

[theDRONEranger]

I don’t understand his argument. If you are breaking one of the recreational rules then you are also breaking part 107 rules because there are almost no situations where part 107 is less strict than recreational rules(there is 1 however, 400 feet over a structure.) How would having a part 107 help you if you are breaking a part 107 rule?

I also take issue with his example of flying over people which is notably NOT against the statutory conditions to qualify for the recreational rules.

The statutory conditions to qualify for recreational rules are as follows:


Ҥ44809. 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”

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44809&num=0&edition=prelim

Flying over people does NOT cause you to lose your your exception for the Limited Recreational Operation of Unmanned Aerial Vehicles.

Same article I posted previously. Regardless, I believe his point is that a recreational pilot cannot do things a commercial pilot can. Such as inspection of a neighbor’s roof for payment, Search & Rescue, selling photos/ videos to news stations, flying a daily Litchi mission to document construction for a company, etc, etc, etc. His point, partially, was that should you do any of those mentioned items, then all actions with the drone could be declared illegal by the FAA, subjecting the pilot to fines and penalties that far exceed the cost of a Part 107 license. Thusly, the pro side of an argument for obtaining a Part 107 license. There are things one simply cannot do as a recreational pilot! Plain and simple. Also, remember, that should you choose to fly recreational, as a 107, you may. And if that wonderful footage you just took is worthy of a pretty penny, sell it with no hesitation or faults, simply because you are 107

Lawyer Rupprecht is a very reputable attorney, who specializes in drone and other pilot matters. His credentials include Part 107 pilot, fixed wing pilot/instructor, and more.

His site URL is: -https://jrupprechtlaw.com/start-here/

This posting in no way represents that Lawyer Rupprecht is the sole drone specialist lawyer, nor does it represent an endorsement for his services. This post merely presents why he posted his article. There are many drone lawyers available with extensive knowledge of FAA Part 107 background. Should you have need for a drone lawyer, you chose who you wish!

 

[hiflyer201]

You need to get it to know that you might be coming close to breaking some kind of a rule every time you fly. At least that was the impression I got when I read up for mine.

 

[hiflyer201]

?

 

[DanMan32]

Almost two years later and no safety knowledge test for recreational pilots as required by law for FAA to develop and administer.

 

[brett8883]

Almost two years later and no safety knowledge test for recreational pilots as required by law for FAA to develop and administer.

? Shhh... no need to remind them.

 

[theDRONEranger]

? Shhh... no need to remind them.

Telephone chat yesterday (9.29.30) with FAA results in same ol' same ol'. . . by end of year. Received clarification on some other inquiries I had as well.

 

[Marty Markoe]

I have a Photography Web Site where aerial photos will be posted and available for sale. This was the overriding decision to qualify for Part 107.

After receiving the ID card an FAA Drone Pilot Vest was purchased. Previously there were occasional interruptions while flying. Most of these were just out of curiosity though they could be distracting. Since wearing vest, there were only 2 inquires while flying. A quick aside saying I needed to concentrate on the task at hand and would discuss any questions after landing was sufficient.