The Dreaded 400' Altitude Limit - A NEW TWIST!

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This was sent to a member of a FB page yesterday. It seems the administrator considers hobbyist operations over 400' a hazard to the NAS. First time I seen this in writing. I contacted the Feds as well asking where this is indicated as regulation. I'll post their response (not holding my breath)
 

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The only altitude limit that I am aware of is in part 107.
The AMA suggests, approximately 400' I believe, and other fledgling CBO's may have other limits.

The point is, whether there is a law, or a rule, isn't the issue at all. The issue is that the administrator feels that flights above 400' are a hazard to the NAS. If the administrator is correct, then that is a good argument to prevent drone flights over 400'. If the administrator is not correct, I guess folks can make that argument also.

At some point, there will be one set of rules for all small UAS drones. This topic is one of the discussions that will escalate that process. Either the FAA makes rules for, and is responsible for a safe NAS, or hobbyists, can deviate, at will, regarding altitude and night flights for example. In either case, anyone, 107 or hobbyist, that interferes with manned aircraft is subject to enforcement actions, as explained in section 336 (bottom of the page).

The end of this game is quite predictable. It does however, remain to be seen how long it takes for us to get there.
 
The point is, whether there is a law, or a rule, isn't the issue at all. The issue is that the administrator feels that flights above 400' are a hazard to the NAS. If the administrator is correct, then that is a good argument to prevent drone flights over 400'. If the administrator is not correct, I guess folks can make that argument also.

Exactly! Again, this is the first time I seen anything in writing on this from an FAA source.
 
OK folks -

As mentioned earlier in this thread I contacted the FAA with regards to the original e mail sent to a member of a FB group I belong to. Here's the response I got from the FAA.

The 2016 letter to the AMA was attached.

__________________________________________________________________________________________________________________________________________
Sir/ Ma'am

Yesterday a friend of mine contacted your offices with regards to the 400' ceiling limit "recommendation" mentioned through out faa.gov as as well as numerous publications and advisory circulars. Yesterday someone from your offices responded to my friend and stated that "hobbyists may not operate over 400' under any circumstances." While I agree with this as a "recommendation" there is nothing regulatory that currently prohibits hobbyists to operate over 400' (Ref CFR Title 14 FAR 101.41). While the administrator may consider operations above 400' a hazard to the National Airspace System (and I fully agree with his "opinion") the FAA must first provide specific regulatory guidance in the matter.

I hope this correspondence is reviewed and forwarded accordingly.

Sincerely;

xxx
________________________________________________________________________________________________________________________________________

[email protected]


Mr. xxx,

Thank you for contacting the FAA's Unmanned Aircraft Systems (UAS) Support Center.
Staying below 400 feet AGL is a best practice, but is not regulatory. I have attached a clarifying letter sent to the AMA from the FAA on this matter.

Best Regards,

Paul

PLH
Please follow up with any further inquiries at [email protected]. Additional information is also available at Unmanned Aircraft Systems.
We appreciate your feedback. Please select: UAS Safety and Integration Division AUS-400.
 
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OK folks -

As mentioned earlier in this thread I contacted the FAA with regards to the original e mail sent to a member of a FB group I belong to. Here's the response I got from the FAA.

The 2016 letter to the AMA was attached.

__________________________________________________________________________________________________________________________________________
Sir/ Ma'am

Yesterday a friend of mine contacted your offices with regards to the 400' ceiling limit "recommendation" mentioned through out faa.gov as as well as numerous publications and advisory circulars. Yesterday someone from your offices responded to my friend and stated that "hobbyists may not operate over 400' under any circumstances." While I agree with this as a "recommendation" there is nothing regulatory that currently prohibits hobbyists to operate over 400' (Ref CFR Title 14 FAR 101.41). While the administrator may consider operations above 400' a hazard to the National Airspace System (and I fully agree with his "opinion") the FAA must first provide specific regulatory guidance in the matter.

I hope this correspondence is reviewed and forwarded accordingly.

Sincerely;

xxx
________________________________________________________________________________________________________________________________________

[email protected]


Mr. xxx,

Thank you for contacting the FAA's Unmanned Aircraft Systems (UAS) Support Center.
Staying below 400 feet AGL is a best practice, but is not regulatory. I have attached a clarifying letter sent to the AMA from the FAA on this matter.

Best Regards,

Paul

PLH
Please follow up with any further inquiries at [email protected]. Additional information is also available at Unmanned Aircraft Systems.
We appreciate your feedback. Please select: UAS Safety and Integration Division AUS-400.
Now pilots have more clarity in their argument that they can fly wherever and whenever they want. They can pretty much do anything they want under the loopholes that exist in current law. This is all quite ridiculous, but until 336 is tossed into the trash, we will have no rules that restrict foolishness that cannot be dodged by claiming CBO status. Until then, pick the rules that suit you and have a ball.
 
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Now pilots have more clarity in their argument that they can fly wherever and whenever they want. They can pretty much do anything they want under the loopholes that exist in current law. This is all quite ridiculous, but until 336 is tossed into the trash, we will have no rules that restrict foolishness that cannot be dodged by claiming CBO status. Until then, pick the rules that suit you and have a ball.
Agree! For the life of me I cannot understand why the Feds just don't codify an altitude limitation for hobbyist!!!
 
The FAA tried to do this in the past and lost lawsuits because of 336 protections for hobbyists. The law is on the side of those violating FAA regulations, by claiming alliance with the AMA rule book. Some people think this is wonderful, and others think it is a loophole used to break regulations and get away with it, and still others are just flying their hobby, as they always have, with no intent of breaking regulations, or endangering anyone.
Like I keep saying, there is a set of rules for any purpose you want. Pick the one that suits you today and have a ball.
 

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