Does the 400ft rule apply here?

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My high power rocket club is doing a test launch this weekend. Two of us would like to get some aerial shots of the launch (both for practical and "cool" factors) with our Phantoms. I'm 107, the other guy is not, if this plays any role. Our rocket is predicted to reach 4100ft, and we have an FAA waiver for 5,000ft if I recall. Anywho, does anyone know if waivered airspace "carries over" between vehicle types such that we could take our drones well past 400ft?

Thanks!
 
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If you're flying under Part 107 you'll need to get the exact Waiver which is
  • Flying above 400 feet (§ 107.51B)

No you can NOT mix and match waivers.

As a hobbyist you are not "legally" obligated to stop at 400' AGL but you are also putting your neck (and Part 107 ) on the line because if you do ANYTHING outside of hobby/recreational flight your whole flight defaults to Part 107 Regulations regardless if you are Part 107 or not.

In order to fly under Section 336 you must meet ALL of the following (not most, not a few but ALL)

To fly in accordance with the Special Rule for Model Aircraft (Public Law 112-95 Section 336). Under this rule, operators must:

  1. Register their UAS with the FAA
  2. Fly for hobby or recreational purposes only
  3. Follow a community-based set of safety guidelines
  4. Fly the UAS within visual line-of-sight
  5. Give way to manned aircraft
  6. Provide prior notification to the airport and air traffic control tower, if one is present, when flying within 5 miles of an airport
  7. Fly UAS that weigh no more than 55 lbs. unless certified by a community-based organization

Whatever you decide to do please come back and SHARE the video. I loved model rockets and we had some massive ones back in the day. Take lots of pics and video :)
 
If you're flying under Part 107 you'll need to get the exact Waiver which is
  • Flying above 400 feet (§ 107.51B)

No you can NOT mix and match waivers.

As a hobbyist you are not "legally" obligated to stop at 400' AGL but you are also putting your neck (and Part 107 ) on the line because if you do ANYTHING outside of hobby/recreational flight your whole flight defaults to Part 107 Regulations regardless if you are Part 107 or not.

In order to fly under Section 336 you must meet ALL of the following (not most, not a few but ALL)

To fly in accordance with the Special Rule for Model Aircraft (Public Law 112-95 Section 336). Under this rule, operators must:

  1. Register their UAS with the FAA
  2. Fly for hobby or recreational purposes only
  3. Follow a community-based set of safety guidelines
  4. Fly the UAS within visual line-of-sight
  5. Give way to manned aircraft
  6. Provide prior notification to the airport and air traffic control tower, if one is present, when flying within 5 miles of an airport
  7. Fly UAS that weigh no more than 55 lbs. unless certified by a community-based organization

Whatever you decide to do please come back and SHARE the video. I loved model rockets and we had some massive ones back in the day. Take lots of pics and video :)

Great info! I'll go over it with the team. Hopefully I can bring some good launch footage back to this site - we're trying out 2 roll orientation systems engineered from the ground up, so watching 7 months of work come to fruition should be video-worthy. A dozen engineering students, a grad student, a PhD, and a world record holder ought to be enough brain power to make this fly...I hope.
 

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