Drone Flight Rules

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As I understand it, the recently published FAA flight rules specifically exclude model aircraft. And there is a different set of rules that apply to model aircraft, Section 336 of Public Law 112-95. I can't find any reference to an altitude limit in Section 336. So, where is the 400 foot limit specified?

Regards, Jim
 
It's recommended here.
 
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Are you refering to the part 107 rules? If so that only applies to commercial operation of unmanned aircraft. For non-commercial use see Rule 333 section 334(b)(2)(C):
(C) allow a government public safety agency to operate unmanned aircraft weighing 4.4 pounds or less, if operated— (i) within the line of sight of the operator; (ii) less than 400 feet above the ground; (iii) during daylight conditions; (iv) within Class G airspace; and (v) outside of 5 statute miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities.
 
Are you refering to the part 107 rules? If so that only applies to commercial operation of unmanned aircraft. For non-commercial use see Rule 333 section 334(b)(2)(C):
(C) allow a government public safety agency to operate unmanned aircraft weighing 4.4 pounds or less, if operated— (i) within the line of sight of the operator; (ii) less than 400 feet above the ground; (iii) during daylight conditions; (iv) within Class G airspace; and (v) outside of 5 statute miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities.
Are you refering to the part 107 rules? If so that only applies to commercial operation of unmanned aircraft. For non-commercial use see Rule 333 section 334(b)(2)(C):
(C) allow a government public safety agency to operate unmanned aircraft weighing 4.4 pounds or less, if operated— (i) within the line of sight of the operator; (ii) less than 400 feet above the ground; (iii) during daylight conditions; (iv) within Class G airspace; and (v) outside of 5 statute miles from any airport, heliport, seaplane base, spaceport, or other location with aviation activities.

Well, those restrictions apply to a government agency. Further, Section 336 referenced in my first post, prohibits the FAA from promulgating rules or regulations on model aircraft if 5 rules are followed. None of the five rules applies to altitude. I am not advocating flying above 400 feet, but I don't believe the FAA has the authority to enforce any altitude limit on model aircraft.

Regards, Jim
 
Well, those restrictions apply to a government agency. Further, Section 336 referenced in my first post, prohibits the FAA from promulgating rules or regulations on model aircraft if 5 rules are followed. None of the five rules applies to altitude. I am not advocating flying above 400 feet, but I don't believe the FAA has the authority to enforce any altitude limit on model aircraft.

Regards, Jim
"The FAA will pursue enforcement actions to stop unauthorized or unsafe UAS operations." Like if you fly in controlled airspace or near an aircraft in flight.

Mike
 
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I am not advocating flying above 400 feet, but I don't believe the FAA has the authority to enforce any altitude limit on model aircraft.

Regards, Jim
msinger has the better reference. 400 feet is the FAA guidance, and they control and enforce the National Airspace. If you want to go up against them be my guest, but you are screwing the rest of us that work within the rules in the process.
 
It's recommended here.
"The FAA will pursue enforcement actions to stop unauthorized or unsafe UAS operations." Like if you fly in controlled airspace or near an aircraft in flight.

Mike

Yeah, there are various rules and regulations for model aircraft, the 400 foot altitude "rule" is not one of them. And if I read all of the stuff correctly, the FFA has no authority to set an altitude limit for model aircraft. All they can do is suggest some things they think will enhance safety.

Regards, Jim
 
msinger has the better reference. 400 feet is the FAA guidance, and they control and enforce the National Airspace. If you want to go up against them be my guest, but you are screwing the rest of us that work within the rules in the process.

The point is, that by law, they have no authority to set altitude limits on model aircraft in Class G Airspace. I am sure that is why they have a list of suggestions.

Regards, Jim
 
Yeah, there are various rules and regulations for model aircraft, the 400 foot altitude "rule" is not one of them. And if I read all of the stuff correctly, the FFA has no authority to set an altitude limit for model aircraft. All they can do is suggest some things they think will enhance safety.

Sorry I didn't define what controlled airspace is. Class G is considered uncontrolled airspace. I never said anything about uncontrolled airspace. I mentioned controlled airspace. It is Class A, B, C, D, restricted airspace, TFR (Temporary Flight Restrictions),.... As an example for the Special Flight Rules Area (SFRA) within a 30-mile radius of Ronald Reagan Washington National Airport, which restricts all flights in the greater DC area the FAA states;
The SFRA is divided into a 15-mile radius inner ring and a 30-mile radius outerring.

  • Flying an unmanned aircraft within the 15-mile radius inner ring is prohibited without specific FAA authorization.
  • Flying a UAS for recreational or non-recreational use between 15 and 30 miles from Washington, D.C. is allowed under these operating conditions:
    • Aircraft must weigh less than 55 lbs. (including any attachments such as a camera)
    • Aircraft must be registered and marked
    • Fly below 400 ft.
    • Fly within visual line-of-sight
    • Fly in clear weather conditions
    • Never fly near other aircraft
The airspace around Washington, D.C. is more restricted than in any other part of the country. Rules put in place after the 9/11 attacks establish "national defense airspace" over the area and limit aircraft operations to those with an FAA and Transportation Security Administration authorization. Violators face stiff fines and criminal penalties.

I guess most drone flyers don't have much to loose. Personally though I love flying and having my FAA airplane/Seaplane pilots certificate. It never expires, and will not risk it by flying someplace I shouldn't be.
 

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