Anyone understand why the FAA requires some type of pilots license to be PIC when flying commercially? Yet as a hobbyist that isnt required. Makes no sense to me. Why would I need a pilots license just to charge someone for flying the same UAS as I do when acting as a hobbyist.
Pilots license for 333 Exemption
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Not only a PL but you have to be current in your rating. That is the only thing that keeps me from getting a 333. I hope it changes. As a pilot the only thing I have over non pilots is a knowledge of airspace regulations. Nothing about me being current in flying helicopters would add to the safety of me flying my Quad.
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It's the way it is because they are applying old rules to new types of aircraft. They are in the process of making new rules, so we'll eventually be able to fly commercially without a manned aircraft pilot license.
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The new rules will not eliminate the pilot license requirement. The FAA is creating a new "operator" pilot license. Google "NPRM" for more details on those rules.
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It makes no sense at all but the "reason" is that the FAA can only think of airplanes and don't know how to deal with anything else.
They require a higher standard for commercial use of real airplanes so they automatically apply that to small drones.
And just to show how thick they are, they leave that system in place for a couple of years when they know it makes no sense.
Rightly so with a new technology. They are taking baby steps. Some in the wrong direction. I hope to see they see licensed pilots automatically 333 exempt whether current or not and persons by examination have demonstrated knowledge of airspace rules and regulations.
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so, if I understand this NPRM correctly, they're proposing to license quad pilots, but with something similar to a written GA pilot knowledge exam??
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Meta4
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No ... the NPRM is the FAA's proposal to replace the ridiculous 333+pilot's licence for commercial flying.
It has nothing to do with recreational flying.
Small UAS Notice of Proposed Rulemaking (NPRM)
The 333 exemption and the pilots certificate are two separate issues. The 333 exemptions give power to the secretary of transportation and by proxy the FAA to waive the statutes present in 14 C.F.R as laid out in the FMRA of 2012. These cover things like the low altitude flying, or even the inability to place 2 inch lettering on the uas, or to carry the manuals and placards onboard. All of these are required under current FAR, so you need to get an exemption to operate commercially.
It should be noted, however, a pilot certificate is not a requisite to getting a 333 exemption.
What FMRA does not allow the FAA to do is waive the pilots certificate requirement for commercial flight. So until they get the sUAV airmen certificate, prior to beginning commercial flight your PIC must have an airmen certificate, your company must have the 333 exemption.
Hope this helps your understanding of the current procedures.
It should be noted, however, a pilot certificate is not a requisite to getting a 333 exemption.
What FMRA does not allow the FAA to do is waive the pilots certificate requirement for commercial flight. So until they get the sUAV airmen certificate, prior to beginning commercial flight your PIC must have an airmen certificate, your company must have the 333 exemption.
Hope this helps your understanding of the current procedures.
Scott that's very well put. The PL requirement is not "within" the Section 333 but every Section 333 granted states this requirement. It's not because the FAA requires it but because they have no authority to "exempt you from it". Until a new "UAS classification" is created we are stuck with the other current pilot classifications.
Exactly, it is good to note that you may apply for and recieve a 333 exemption prior to having your pilot certificate, you must specify in your 333 request that you will utilize a PIC with an airmen certificate and current license or medical, this meets the assurance of maintaining at least an equivalent level of safety.
You do not need to list who the PIC is in your application. But as you stated until the sUAV certificate is a thing you, or more specifically your PIC, must have at least a sports / recreational certificate to commence commercial operations.
You do not need to list who the PIC is in your application. But as you stated until the sUAV certificate is a thing you, or more specifically your PIC, must have at least a sports / recreational certificate to commence commercial operations.
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I think it's because they don't want to exempt people from it. Per 49 USC§ 44701:
"The Administrator may grant an exemption from a requirement of a regulation prescribed under subsection (a) or (b) of this section or any of sections 44702–44716 of this title if the Administrator finds the exemption is in the public interest."
And, the pilot license requirement is in 49 USC§ 44711:
"A person may not serve in any capacity as an airman with respect to a civil aircraft, aircraft engine, propeller, or appliance used, or intended for use, in air commerce without an airman certificate authorizing the airman to serve in the capacity for which the certificate was issued"
Some food for thought:
- Forcing RC pilots to learn how to fly manned aircraft is not in the public interest.
- There is no airman certificate that was issued to fly RC aircraft.
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Exactly! While Scott eloquently laid out the parameters of the current regs, I don't see them holding over current requirement for getting the airman ticket. Knowledge testing and possibly even a UAV flight skills test with upgrade ratings for FPV, UHF transmission,etc, sure...but 40-hours+ not including solo time in a Cessna 170 at an average cost of 10k?? What for?
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I think the FAA just wants to force everyone to have a pilot license since they can pull it if the pilot does something wrong. And, since they currently only offer manned aircraft licenses, that's what we're stuck with for now.
My 2 cents: Just like with flying real aircraft, I think the concern is that when money is involved, people will take shortcuts (especially with safety). That's my opinion as to why the FAA regulates this so heavily. NPRM will be nice for sure.
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I don't know single GA pilot, myself included, who would risk their life taking a shortcut to save a little money.
I personally disagree with this for the most part. I am sure there are some knuckleheads who will take extra risks for a few bucks but the majority of your businesses are just the opposite. We have way too much invested (time, money, and equipment) to take silly risks. Most of your businesses are more careful because they have more meat in the game.
Good point. I will agree that most businesses are the opposite, and probably the demographic of the people on this forum. I guess what I was implying is that if you didn't need extra qualifications to do work for hire as a commercial pilot or even as a drone operator, then there would be more "knuckleheads" (even if its just due to ignorance) in the space and therefore more accidents.
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