Attention, Hobby Flyers: Come Monday Some Of You May Need An FAA Drone Pilot Certificate

DroneTalk

DroneTalk

R/C Expert
Staff member
The new drone rules set to go into effect Monday — known as Part 107 for the section of the federal aviation regulations — are expected to be a boon to commercial operators, lifting many current expensive and time-consuming requirements, including the need to have a manned aircraft pilot’s license and to stay more than 500 feet from people, cars and structures.

The new rules do require a commercial operator to get a Remote Pilot Certificate with a Small Unmanned Aircraft Rating — licensed, current pilots have to pass a simple online test; non-pilots have to pass an aeronautical knowledge test which includes the ability to read aeronautical charts, understand and decipher aviation weather reports, in addition to learning the new operational drone rules. It costs approximately $150 to take the test. After taking the test, would-be drone pilots need to be vetted by TSA to determine whether they are a security risk. Only after that vetting is done will the FAA issue an applicant a certificate to fly a drone.

Read on
 

John Doecliff

John Doecliff

Member
I'm not sure how accurate this article is. The way I understand it is there is still a distinction between hobby and commercial operations and part 107 does not allow FPV, only VLOS so the whole drone racing part has to be false. And I'm not sure about the TSA vetting thing either, are we supposed to pay for that background check? I haven't read anything about it and I'm currently studying for my remote pilot certificate. Also, what if we have already have been vetted by the TSA? I have TWIC (transportation worker identification credential) that my employer paid for.
 

Old Man

Old Man

Active Member
I'm not sold on the mention of hobby FPV flyers being required to obtain a 107 license. The back ground check part is real and is part of the normal pilot licensing process.

I'm a licensed, but not current, pilot so I have to take the aeronautical knowledge test again but that's many hundreds of $ cheaper than becoming current. I'm checked out 8 ways from Sunday by our government but suspect another quick vetting before all is said and done. A real big deal for the FAA are drug and alcohol convictions. There will probably be a question on the application related to those and it will start with "Have you ever". If anyone had ever had a DUI or drug arrest, even if 40 years ago, they best fess up. That stuff does not fade away in the federal registry. I'm pretty sure the cost of that check is part of the $150 charged for the written test.
 
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John Doecliff

John Doecliff

Member
No the hobby rules do not apply to part 107. I got into a huge discussion on a FB group that I am on with a that guy insists that the feds are bound and determined to go after the FPV mini quad racers and shut them down. FPV isn't really covered under hobby rules and especially part 107 but those guys are doing a pretty good job of policing themselves and I believe the feds could care less about them.
 


C

Chalagi

Member
This is from 107 section and its Section 335 about hobby flying.

SEC. 335. <<NOTE: 49 USC 40101 note.>> SAFETY STUDIES.

The Administrator of the Federal Aviation Administration shall carry
out all safety studies necessary to support the integration of unmanned
aircraft systems into the national airspace system.
SEC. 336. <<NOTE: 49 USC 40101 note.>> SPECIAL RULE FOR MODEL
AIRCRAFT.

(a) In General.--Notwithstanding any other provision of law relating
to the incorporation of unmanned aircraft systems into Federal Aviation
Administration plans and policies, including this subtitle, the
Administrator of the Federal Aviation Administration may not promulgate
any rule or regulation regarding a model aircraft, or an aircraft being
developed as a model aircraft, if--
(1) the aircraft is flown strictly for hobby or recreational
use;
(2) the aircraft is operated in accordance with a community-
based set of safety guidelines and within the programming of a
nationwide community-based organization;
(3) the aircraft is limited to not more than 55 pounds
unless otherwise certified through a design, construction,
inspection, flight test, and operational safety program
administered by a community-based organization;
(4) the aircraft is operated in a manner that does not
interfere with and gives way to any manned aircraft; and
(5) when flown within 5 miles of an airport, the operator of
the aircraft provides the airport operator and the airport air
traffic control tower (when an air traffic facility is located
at the airport) with prior notice of the operation (model
aircraft operators flying from a permanent location within 5
miles of an airport should establish a mutually-agreed upon
operating procedure with the airport operator and the airport
air traffic control tower (when an air traffic facility is
located at the airport)).

(b) Statutory Construction.--Nothing in this section shall be
construed to limit the authority of the Administrator to pursue
enforcement action against persons operating model aircraft who endanger
the safety of the national airspace system.
(c) Model Aircraft Defined.--In this section, the term ``model
aircraft'' means an unmanned aircraft that is--
(1) capable of sustained flight in the atmosphere;

[[Page 126 STAT. 78]]

(2) flown within visual line of sight of the person
operating the aircraft; and
(3) flown for hobby or recreational purposes.

Subtitle C--Safety and Protections
 


C

Chalagi

Member
I just received this e-mail from the FAA this morning.

Thank you for your inquiry. In the Interpretation of the Special Rule for Model Aircraft, the FAA determined that model aircraft flying under first person view (FPV) could not meet the visual line-of-sight requirement of hobby operations flown under Public Law 112-95 Section 336. The FAA received numerous comments with regards to FPV and is currently reviewing these comments. The FAA plans to issue a final interpretation of the Special Rule for Model Aircraft that will reflect its consideration of the comments.
However, if an operation cannot be conducted under Section 336 it may be possible to conduct the operation under Part 107 (the small UAS rule). A certificated remote pilot may operate FPV if they can meet the following conditions, in addition to all other requirements of Part 107:
1) While they are using their FPV goggles, they must have a visual observer who maintains visual line-of-sight of the UAS at all times using only their natural vision (which includes vision corrected by standard eyeglasses or contact lenses).
2) The remote pilot must be able to remove their goggles and see the UAS with their natural vision at all times during the operation.


Regards,
FAA UAS Integration Office
UAShelp@faa.gov
http://www.faa.gov/uas




-----Original Message-----
From: chalagidiablo@sbcglobal.net [mailto:chalagidiablo@sbcglobal.net]
Sent: Monday, August 29, 2016 7:32 PM
To: 9-NATL-UAS-Help (FAA)
Subject: Message from www.faa.gov: UAShelp@faa.gov

This email was sent through the Federal Aviation Administration's public website. You have been contacted via an email link on the following page: http://www.faa.gov/uas/contact/


Message:
----------------------
To kinda cut through all the reading between the lines and trying to understand what the FAA is trying to say or not say (double talk). If I fly FPV or VLOS with my multirotor as a hobbyist do I need to get a license to fly.? And please don't refer me to some FAA section I have read most of the 107 and others and still can't make heads or tails. A very simple "Yes" or "No" would be great and right now the hobbyist out there are pulling their hair out over this matter.
 

Old Man

Old Man

Active Member
Part 107 clearly states those flying only for recreational purposes need not apply for a 107. Nowhere in their statement does it qualify the manner they are flying aside from recreational and commercial. Law is written in the literal sense so that would make it end of story.
 


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