will the FAA know if i fly over 400Ft?

[geardaddys]

Controlled airspace doesn't mean jack squat in the USA for drone flyers.. You guys are getting spun around the axle for no reason on all of this.. "Controlled" airspace for the purposes of the FAA has to do with VFR weather mins for operation.. It is in no way "controlled" or are you required to obtain permission (as a FAA registered aircraft), or is there a requirement to have radio contact..

If you are a recreational flyer, and not a certificate holder for UAV operations, it's probably a good idea to stay below 400.. If you go above that, and hit something.. You might be on the hook for "careless and reckless" in the eyes of the FAA, but that would be a big fight on their end to prove.. Seriously, be safe, enjoy your drone.. This banter about FAA this and that is pointless as 98 percent of the opinions here are incorrect..

 

[sar104]

Controlled airspace doesn't mean jack squat in the USA for drone flyers.. You guys are getting spun around the axle for no reason on all of this.. "Controlled" airspace for the purposes of the FAA has to do with VFR weather mins for operation.. It is in no way "controlled" or are you required to obtain permission (as a FAA registered aircraft), or is there a requirement to have radio contact..

If you are a recreational flyer, and not a certificate holder for UAV operations, it's probably a good idea to stay below 400.. If you go above that, and hit something.. You might be on the hook for "careless and reckless" in the eyes of the FAA, but that would be a big fight on their end to prove.. Seriously, be safe, enjoy your drone.. This banter about FAA this and that is pointless as 98 percent of the opinions here are incorrect..

If you are just talking about recreational UAV (Part 101) operations then you are correct - it is not mentioned. Did someone assert otherwise?

 

[geardaddys]

Yes, I'm speaking in terms of recreational UAV ops.. Yes, there is confusion all over this page, and on many others regarding this.. My specific post was in reference to the above posts about being "Illegal" to fly in "FAA controlled airspace" without "approval" or "permission"..

 

[sar104]

Yes, I'm speaking in terms of recreational UAV ops.. Yes, there is confusion all over this page, and on many others regarding this.. My specific post was in reference to the above posts about being "Illegal" to fly in "FAA controlled airspace" without "approval" or "permission"..

It's often hard to tell whether people are talking about 101 or 107, so I think that's part of the problem. But you may be right that some recreational pilots think airspace class does matter to them.

 

[cderoche]

Yesterday while flying at the "recommended" altitude of 400 feet a crop duster actually zoomed on in and right under my Mavic, I didn't see it nor hear it coming, because he was flying so low going to whatever cane field he was gonna spray. Of course he wasn't on Flightradar24. My guess is he was under 200 feet, I noticed his shadow on the ground as he passed right under my drone, and then right over my house like Top Gun. I estimate he was probably traveling 100-150mph minimum, and at low altitude you don't know he's there until he's right on you. Same way air force fighters do to avoid radar sites before stealth fighters were out. I wonder did he even see my little Mavic as I hovered in place, I instantly climbed but had we been at the same altitude we would have hit. Even with all the preflight checks and head on a swivel anything is possible up there. I would have been safer at 1500 feet lol.

 

[Stride8]

NOW THEY WILL MUHAHAHAAAA

 

[FatherXmas]

The FAA may never know, but I'm putting you on the Naughty List.

 

[bonzo]

NOW THEY WILL MUHAHAHAAAA

Lol...[emoji16]

 

[Mr G]

Or we just know that as a hobby flier, you can legally fly over 400'. No need to be an AMA member.

The maximum allowable altitude is 400 feet above the ground, and higher if your drone remains within 400 feet of a structure. For instance: If you are close to something (building, tower, antenna, etc) that's up to 400 feet tall, you can fly above that object for another 400 ft. to make a total of 800 ft legal. If you don't believe me, then check the FAA rules for more info.
But also always use common sense when flying!

 

[method007]

The maximum allowable altitude is 400 feet above the ground, and higher if your drone remains within 400 feet of a structure. For instance: If you are close to something (building, tower, antenna, etc) that's up to 400 feet tall, you can fly above that object for another 400 ft. to make a total of 800 ft legal. If you don't believe me, then check the FAA rules for more info.
But also always use common sense when flying!.

You are definitely correct. If this was not the rule then anybody who lived above sea level would have problems.

 

[dwallersv]

If you are just talking about recreational UAV (Part 101) operations then you are correct - it is not mentioned. Did someone assert otherwise?

Please clarify... It is my understanding that UAVs, regardless of their intended purpose and use, are legally aircraft under FARs, and are obligated, LEGALLY, to follow the same rules w.r.t. controlled airspace.

As such, for example, buzzing around the SFO runways grabbing closeups of jumbos taking off and landing is a violation of federal law, because of the classification of that airspace. Hobbyists flying in experimental aircraft, or operating remote controlled aircraft, are not exempt from the restrictions, and will be punished under the law.

Have I got that entirely wrong all this time?

 

[sar104]

Please clarify... It is my understanding that UAVs, regardless of their intended purpose and use, are legally aircraft under FARs, and are obligated, LEGALLY, to follow the same rules w.r.t. controlled airspace.

As such, for example, buzzing around the SFO runways grabbing closeups of jumbos taking off and landing is a violation of federal law, because of the classification of that airspace. Hobbyists flying in experimental aircraft, or operating remote controlled aircraft, are not exempt from the restrictions, and will be punished under the law.

Have I got that entirely wrong all this time?

Yes - that is technically incorrect due to the protected status of model aircraft operations under the FAA Modernization and Reform Act of 2012. If your flight qualifies as recreational, i.e. follows the criteria that I posted in #55 from CFR 14 101.41, then the only recourse that the FAA has is 101.43 - endangering the NAS. No mention of controlled airspace and, in fact, one can fly recreationally in controlled airspace (surface E, D or C around an airport) simply by notifying the airport. You cannot legally do that under Part 107 - you need an authorization or waiver. Similarly, the FAA has conceded that there is no 400 ft AGL limitation on recreational flight.

 

[sar104]

The maximum allowable altitude is 400 feet above the ground, and higher if your drone remains within 400 feet of a structure. For instance: If you are close to something (building, tower, antenna, etc) that's up to 400 feet tall, you can fly above that object for another 400 ft. to make a total of 800 ft legal. If you don't believe me, then check the FAA rules for more info.
But also always use common sense when flying!

You are confusing recreational (Part 101) with non-recreational (Part 107). The rules that you are quoting are only for Part 107 flights.

 

[tcope]

The maximum allowable altitude is 400 feet above the ground, and higher if your drone remains within 400 feet of a structure. For instance: If you are close to something (building, tower, antenna, etc) that's up to 400 feet tall, you can fly above that object for another 400 ft. to make a total of 800 ft legal. If you don't believe me, then check the FAA rules for more info.
But also always use common sense when flying!

Sorry, that is incorrect as I mentioned. What you mention does apply to non-hobby flight. This issue has been beat to death here. There is actually a letter from the FAA to the AMA confirming this to be fact.

 

[sar104]

Sorry, that is incorrect as I mentioned. What you mention does apply to non-hobby flight. This issue has been beat to death here. There is actually a letter from the FAA to the AMA confirming this to be fact.

Exactly, and in case anyone is interested, this is the letter:

http://amablog.modelaircraft.org/amagov/files/2016/07/FAA-400feet.pdf

 

[serpa4]

Additionally, while the 400 ft limit is generally a very good one to stick to, it has no force of law under the Special Rule - i.e. recreational flying. It is a guideline only, albeit one that might certainly factor in if the FAA were to pursue a case of endangering the NAS as a result of an accident.

OMG, finally someone else knows this. I"ve been digging for weeks on the height limit of 400 ft, but nothing says its a requirement, law, policy, etc.

 

[sar104]

OMG, finally someone else knows this. I"ve been digging for weeks on the height limit of 400 ft, but nothing says its a requirement, law, policy, etc.

As I posted above - this is the FAA statement to AMA on that issue:

http://amablog.modelaircraft.org/amagov/files/2016/07/FAA-400feet.pdf

 

[PDXteriors]

Not a law, so no need to follow it

 

[MavPro75]

Sorry, that is incorrect as I mentioned. What you mention does apply to non-hobby flight. This issue has been beat to death here. There is actually a letter from the FAA to the AMA confirming this to be fact.

This is not directed at you, but can anyone explain why the rules are more restrictive to 107 drone pilots than hobbiests. Part 107 pilots are required to pass a fairly rigid test on airspace knowledge and regulations. Hobbiests-zero. Yet, a part 107 pilot is restricted to 400 ft AGL, LOS, ETC, ETC. A hobbiest is basically, unrestricted. They are both operating in the same airspace. I am a career pilot who respects the laws and regulations. As an ATP, I would rather be flying in the NAS with someone knowledgeable than someone " without a clue" about the NAS who just bought their drone at "BEST BUY"

 

[sar104]

This is not directed at you, but can anyone explain why the rules are more restrictive to 107 drone pilots than hobbiests. Part 107 pilots are required to pass a fairly rigid test on airspace knowledge and regulations. Hobbiests-zero. Yet, a part 107 pilot is restricted to 400 ft AGL, LOS, ETC, ETC. A hobbiest is basically, unrestricted. They are both operating in the same airspace. I am a career pilot who respects the laws and regulations. As an ATP, I would rather be flying in the NAS with someone knowledgeable than someone " without a clue" about the NAS who just bought their drone at "BEST BUY"

The problem, I think, is not the overregulation of Part 107 but the lack of regulation of Part 101, and that stems directly from the FAA Modernization and Reform Act of 2012 that prevented the FAA from regulating hobby UAV flight.