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Finally finished reading the entire FAR Part 107...

Discussion in 'General Discussion' started by Outta Control, Jun 21, 2016.

  1. Outta Control

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    ... all 624 pages.

    Felt like I read a novel.

    If you have any specific questions I will try to regurgitate and answer them.

    PS: I am sure more detailed rules will come out.
     
    #1 Outta Control, Jun 21, 2016
    Last edited: Jun 21, 2016
  2. PO4963

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    What is your interpretation of the closed set rules for Uav's ?
     
  3. Outta Control

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    Not an interpretation at all but as the current rules state for closed set environment the PIC would still need a 333 exemption as the 107 does not apply
     
  4. PO4963

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    I was writing about when the proposed rules take effect in August. I don't believe the 333 will apply then. I guess everyone will have to get a waiver.
     
  5. Outta Control

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    No.

    The proposed rules will be in effect until late August but the 107 does not cover activities such as aerial Closed Set environment.

    If you have a 333 approved for closed-set you can use that and use other aspects of 107 BUT you can not use the 107 for any 333 approved flights.

    The only waivers for the 107 that I have identified involves night flights and SARs. That is it.
     
  6. Prairie Pyro

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    I just dug out the rules and regulation book for explosives and it is under 100 pages.
    I think someone has way to much free(relative since we are paying for with taxes) time to write up over 600
     
  7. Outta Control

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    Agreed there were too much side stories to the 107. It could have been condensed to around 400.
     
  8. Dave Armbrust

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    Here is a bit of a summary.

    The new rules eliminate 333 waivers for most operators. If you have some special needs such as night flight, closed set, etc. you MAY still need a waiver, but most will not.

    UA must weigh less than 55 lbs.

    You do not need a visual observer (VO) but may use one to satisfy "see-and-avoid".

    Max altitude of 400' OR (and this is a big or) remain within 400' of a structure.

    Operation in Class B, C, D and E airspace (airports) is allowed with ATC permission. Operation in class G (uncontrolled) airspace does not require ATC permission. (Below 700' feet is generally class G airspace unless it is near a tower airport or an airport with precession instrument approaches.)

    One unmanned aircraft operation per VO or remote pilot.

    No operations from a moving vehicle unless over a sparsely populated area.

    May not operate over any persons not directly participating in the operation.

    Transportation of property for compensation or hire allowed as long as flight is conducted with VLOS and not from a moving vehicle or aircraft. These restrictions are waivable if the applicant demonstrated that his or her operation can safely be conducted under the terms of a certificate of waiver.

    Person operating a small UAS must either hold a remote pilot airman certificate with a small UAS rating or be under the direct supervision of a person who does hold a remove pilot certificate, be vetted by the TSA, passes an initial aeronautical knowledge test. (A holder of a current pilot certificate only needs to complete an small UAS online training course provided by the FAA.)
     
  9. Outta Control

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    You forgot reporting any accidents
    Not totally inaccurate.

    Page 268 states,"...As pointed out by the commenters, the FAA currently allows small unmanned aircraft flight over people in only one type of situation: a closed-set movie set which is a controlled-access environment where the person in charge has extensive control over the positioning of people who are standing near the small unmanned aircraft. The FAA currently considers each movie-set exemption on a case-by-case basis through the section 333 exemption process. The FAA will continue considering flight over people on a movie set on a case-by-case basis through the waiver process in this rule..."

    My interpretation says that unless there is a significant proof and reason a that the 107 satisfies all the requirement of Section 333, the latter is the accepted rule or you can apply for a waiver (basically you would be liable for a lot of stuff)

    You also forgot for the RP to report any accident that are Level 3 or a "brief loss of consciousness" and property damage totalling over $500 within 10 days.

    Basically if it is not specifically stated on the document, then go to default.
     
    #9 Outta Control, Jun 21, 2016
    Last edited: Jun 21, 2016
  10. Dave Armbrust

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    Yes, there are some smaller details such as required maintenance, preflight preparation, accident reporting with serious injury or property damage totaling over $500 (not counting the value of the UA). It includes how to calculate the dollar amount of the property damage using the lessor of the fair market value of the property or the repair cost.

    You also have to be physically and mentally fit and 16 and older.

    Also it does not apply to recreational use. Those operators that are not doing this for profit or hire there are no changes. But remember you do not need to be the one making a profit. If you GIVE a video, photo, etc. to someone and they in turn sell it, it is considered a commercial operation. Without a remote pilot certificate you could not give a video to a new station, who then makes a profit off of the video in the form of advertising, subscription, etc.

    Obtaining a remote pilot certificate is pretty straight forward, requires no lawyers and is fairly quick (10 days). I does require recurrency training every two years which will cost about $150 if you are not already a certificate pilot other than student.

    For certificated pilots, other than students, you need to take a free online course number ALC-451 which should be available at faasafety.gov. With this certificate, identification, current flight review and a visit to an Certified Flight Instructor you can get a remote pilot certificate.

    If anyone needs more details I will be happy to explain.
     
    #10 Dave Armbrust, Jun 21, 2016
    Last edited: Jun 21, 2016
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  11. Outta Control

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    This online system has not been setup yet. Like everyone else they need to wait till end of August.
     
  12. Dave Armbrust

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    Yes, a closed-set movie, with flight over persons would require a waiver. If you currently have a 333 waiver for closed-set movie you can continue to operate under this waiver, until you can obtaining a waiver under Part 107, or until the current 333 waiver expires.

    This is not the only situation that the FAA allows you to fly over persons. It is allowed if they are under cover, such as a vehicle, or other structure that would protect them from injury if the vehicle or structure was hit by the UA.
     
  13. SanCap

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    I am not so sure I would go to a CFI for the paperwork. The CFI can not issue a temporary remote pilot certificate. The CFI will also have to send in the paperwork. It has to be your local FSDO or designated pilot examiner or one other acronym person, but not a CFI.
    1. From AC 107-2, A CFI is not authorized to issue a temporary certificate. They can process applications for applicants who do not need a temporary certificate.
     
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  14. Dave Armbrust

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    Keep reading:

    If using IACRA and the applicant is utilizing a CFI as the FAA representative, the applicant can print their own temporary airman certificate after receiving an email from the FAA notifying them that it is available.

    You may not have a FSDO in town and even if you do their appointment process will probably be a couple of weeks. A DPE will be quicker, but will charge you for the service. There are far fewer DPE than CFI and they will probably charge more than what a CFI would charge. The CFI does not have to send in the paperwork, they just verify your identity and certify it in IACRA. This is the way it is done to issue a student license today.

    You are correct you can use any method you prefer, I was just suggesting what would probably be the easiest. Your milage may vary.
     
    #14 Dave Armbrust, Jun 21, 2016
    Last edited: Jun 21, 2016
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  15. licensed pilot

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    In summary, the best thing non-certificated UAS pilots can do between now and August is take a UAS online course or a private pilot ground school. "UAVs online certificate course" may sound very official but no one knows what's going to be on the test unless and until the FAA releases a study guide. Or save money and study the Pilot Handbook of Aeronautical Knowledge, free here. NO ONE knows what's going to be on the test but the FAA and they ain't talking yet...
     
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  16. Outta Control

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    Yup then hurry up and wait.
     
  17. RaptorMan

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    Dave, can you point to the exact wording in the rules that says you are forbidden to GIVE a video or photo if the recipient can profit from it.

    Also, can you illuminate the various "pilot" ratings required? A remote pilot certificate does not sound like a traditional private pilots license and suggests that it is a lessor rating that permits commercial drone operation but not flying a manned plane or helicopter.


    Brian
     
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  18. Dave Armbrust

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    Brian,

    Your question is a little complicated depending under what, if any, pilot privileges you current have or are operating your UAS under.

    I will assume for the moment that you have none and consider it a model aircraft. This falls under the Public Law 112-95, Title III, Subtitle B - Unmanned Aircraft Systems. Under SEC. 336 Specials Rule for Model Aircraft it states:

    (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;


    There are several other requirements regarding safety guidelines, weight, manned aircraft and distance from airport, but your answer is in the "strictly for hobby or recreational use".

    If you do not fall under this public law then you must have a pilotscertificate and that pilot certificate has certain privileges and limitations. As an example as a private pilot the regulation that prohibits this is 61.113(a) which states in part "...nor may that person, for compensation or hire, act as pilot in command of an aircraft."

    If you have a commercial license it allows you to be compensated in certain situations, but not all.

    The problem is without the new 107 regulations there are many other regulations that apply to aircraft including things like airworthiness requirements, equipment, and see and avoid, that need to be waived in order to operate an UAS under a private pilot, or even commercial pilot license, and that is why until now you needed a 333 waiver. It is this waiver that allows you to operate a UAS for compensation or hire using your private pilot license. It in effect waives 61.113(a).

    If you would like me to go into more detail I will be happy to do so, but I will needs some more specifics of your intended use.

    The new remote pilot certificate is a pilot certificate and it does have certain privileges and limitations as well. You can say it is a lessor license in that it does not allow you to operate a manned aircraft, but you could also say it it a superior license in that it does allow you to operate a unmanned aircraft. As an example, while I have commercial certificates to operation manned land aircraft, I still will need an remote pilot certificate added to my current pilot certificate to allow me to be a remote pilot.
     
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  19. SanCap

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    That is great info. I do not have a FSDO near me but will probably still do the 3 hour drive as I hate to wait for the FAA for anything. Have everything in hand, give it to the FSDO and walk away with a temporary certificate. My plan could change after we see how this new process works. Hopefully it will be smooth!
     
  20. Dave Armbrust

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    SanCap, if you are located in Southwest Florida then you are in the Tampa FSDO area. That is my FSDO as well, if you let me know where you are in the area I will give you the name of a DPE near you. Of course the DPE will not know anything about it yet.

    Expect at least a two week wait for the FSDO and they will probably really encourage you to contact a DPE or CFI, and that is for normal stuff. I would expect the flood of request they will make the wait even longer.
     
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