Night Flight: Please re-open the discussion

[flpholt]

plus your source probably will say you cant use them at night lmao

 

[Mark The Droner]

...

How can you penalize for violation of commercial use when you are not even permitted to fly commercially?

It's in how a hobbyist is defined. If a pilot does not fly in a manner that defines him as a hobbyist, then it's left to the FAA to interpret what kind of pilot he is, and there's your can of worms.

 

[Helihover]

It's in how a hobbyist is defined. If a pilot does not fly in a manner that defines him as a hobbyist, then it's left to the FAA to interpret what kind of pilot he is, and there's your can of worms.

It doesnt work like that. The FAA doesn't have the right to "determine ". It's simple, your either working commercially, with a commercial license, or your not. If your receiving compensation, then it's commercial and the FAA would be all over you. What and how and why would the FAA try to inforce a commercial regulation on someone who has nothing to do with, or know about for that matter?
The FAA has drawn a clear between commercial operation and hobby operation. What we might see in the future is a modeling of guidelines based more on the commercial regulations. I could see that in the future......

 

[Norval]

Well, while in my country the regulations are still in process, then for time being, will do some night flight:

Sent from my iPad using PhantomPilots mobile app

 

[Mark The Droner]

... It's simple, your either working commercially, with a commercial license, or your not. ....

Maybe you should explain "It's simple" to this guy:

Minnesota Man Faces $55K in Fines After Flying Drone

 

[yorlik]

It might be time to seek out a new expert


No.

They do have an email address to ask UAV questions. why not send it

He claims it will be found in here: I've not read it yet
FAA's New Part 107 Drone Regulations- What Drone Operators Need to Know - Drone Law Attorney Services - Rupprecht Law, PA

Sent from my SCH-I535 using Tapatalk

 

[Helihover]

Maybe you should explain "It's simple" to this guy:

Minnesota Man Faces $55K in Fines After Flying Drone

This is a competly different scenario. Reading the article, it looks as if the man had been working without a commercial license for years. There's a lot more to this story than the title portrays. We'll see how this plays out in court. If you go look at the 30 or so people who have been fined by the FAA for improper use, most of them settle for a different amount and no one has been ordered to pay a fine this massive.

Anyway the title and discussion here is about night flying. No where in that article you posted said anything about night flying. Your article has to do with intent for or strictly for compensation. You can't take an areal photo and then give it to a newspaper or magazine..... That's commercial work.

Edit: Remember there's 5 violations the FAA is hitting that guy with.... 5!!!! There's more to this story.

 

[BigAl07]

Can you please state your source for this reasoning?

I'll try and tackle this one. The FAA has clearly stated that if the flight does NOT meet all criteria (5 points I believe but I don't have the website to verify at the moment) for 336 flight then it is subject to "Commercial Operations" regulations. I just got to my office so I've got to work a little bit but I'll try and dig links up to support what I'm trying to say and drop them back in this thread.

 

[N017RW]

This was my rebuttal to this earlier in the thread...
www.dronelawjournal.com

This is an opinion from a real law office.
Yes it is just an opinion but an apparently informed one.

 

[ianwood]

My source is saying it's all in the FAR's Federal Aviation Regulations and is saying the Part 107 regulations are for ANY drone operators with a system over .5 lbs.

Only when you fall outside of 336.