Flying Over A Tower

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If I'm in controlled airspace and get an automated waiver through Airmap for flight under 200ft and have a cell tower that is 250ft., am I allowed to go over it staying less then 200 ft above it? I realize in non regulated airspace you have up to 400 ft over obstacles staying within 400 ft of them, but unsure of the regulated airspace. Any clarification would help, thanks!
 
Assuming you are 107 rated, you will need another authorization to fly above the 200 foot max given to you. Probably not the answer you wanted and something that will take some time to get. You will need to start at the FAA Drone Zone. You could also try contacting the control tower or approach control and tell them who you are and what you are trying to do. Then give them the distance of the cell tower from the airport and the exact radial the tower is from the airport. Ask if they can work with you on this.
 
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As @Florida Drone Supply stated you are bound to the AGL listed on your approval. While this may or may not make sense to us it's how the system operates right now and how we must operate in order to maintain safety in the NAS.

For anyone who might be reading this... when you are given an Airspace Authorization/Waiver it will give you a max height in AGL.... that is your MAXIMUM height regardless of structures etc. You can NOT add this max height to the height of a structure. You follow your Authorization/Waiver to a "T".
 
Thank you for your replies! I am part 107 certified and have used the LAANC system many times (it's a great system), but have never run into this type of situation. It does make sense to me that when the authorization states 200 AGL that's the limit, period. Thanks again for confirming this for me!
 
... You could also try contacting the control tower ..[snip].. Ask if they can work with you on this.

AFAIK, they are still not allowed to grant any type of permission for this. You If you can't LAANC it, then you need to submit the request on-line.
 
AFAIK, they are still not allowed to grant any type of permission for this. You If you can't LAANC it, then you need to submit the request on-line.


Dave that's not correct. Legally they are the ultimate point to get permission and until the FARs are written stating that sUAS can not get verbal permission from ATC they can. The powers to be might tell them to NOT grant permission but from the FARs they can (and in many cases DO) grant verbal approvals.
 
Here's a quote from a post I made a couple of weeks ago on our "sister forum" CommercialPilots

They have been instructed to NOT give authorizations verbally over the phone but "legally" they still can and, I know for a fact that it "CAN" be done... I had one on Saturday.

I was working out of state and asked to do an additional job for a client. They gave me the location of the job so I could pre-flight etc to make sure I was good to go. I did my due diligence and I was good to go in GOLF airspace. As I was en-route to the location I got a call and was told, "Hold up.... they gave you the wrong location. It's actually located 11 miles WEST of where you are headed." I drove to the new location and all of a sudden I'm in the middle of CHARLIE airspace and I do NOT have an Airspace Authorization or Waiver for this area. I started researching and found the # to call. I was so dreading the phone call because I was fully expecting "Not gonna happen... head over to the web portal and submit your request". I made the call and explained who I was, where I was, what my intentions were and to my surprise I was granted "verbal" up to 100' but not to exceed 100' for any reason. I had to call them 30 minutes prior to the flight session starting and immediately upon completion of the session. We flew this project without a hitch and was home before sunset.

It's worth noting this was NOT at a LAANC associated location.

In fact earlier this week (or maybe last last week) the FAA even mentioned this in one of their sessions in Denver at the AUVSI XPONENTIAL 2018. They acknowledged that ATC "can" legally give approval but that they are requesting all be directed to the Portal or LAANC (Whichever one is appropriate).
 
I refer to JO 7200.23A https://www.faa.gov/documentLibrary/media/Order/JO_7200.23A_Unmanned_Aircraft_Systems_(UAS).pdf , section 4-3(a)

"General. In the event a Part 107 operator contacts an ATC facility directly for authorization, the facility must not issue the authorization. The facility must direct the operator to the FAA UAS website, Unmanned Aircraft Systems."

How would this published Order not be part of the overall FAR's?


I don't "think" that guidance to ATC is deemed law but deemed "Best practice". All I can say for sure is the FAA stated last week that ATC still has the "ability" to approve requests if they wish to. Most will not because they've been given this guidance and also because they are accepting the responsibility by doing so.
 

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