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The DOT and FAA have spoken!

You think these rules are fair?

  • Yes

    Votes: 15 75.0%
  • No

    Votes: 5 25.0%

  • Total voters
    20
Here is a question for you guys.
I have submitted a 333 just before Part 107 came down. What should I do? Let it ride or pull it?

333 waivers are gone, unless you already have one, they will not be granted any more. What the FAA was able to do was to immediately clear the 333 backlog with the new rules. 333 waiver will not be renewed and they will be left to die on the vine at their expiration dates.

Part 107 is only intended to cover the lowest risk areas of operation. Part 107 waivers will be here soon, but not yet. If you need a 107 waiver for closed movie set, night flight, beyond VLOS, operation over people, etc. you will have to apply for a Part 107 waiver when it becomes available. I would expect the biggest change from a Part 107 waiver and a 333 waiver is that you will now need to be a certified remote pilot.

The FAA clearly wrote into the new regulations the provision for Part 107 waivers. They knew the new rules would not cover all cases. They have also stated that this is only the initial set of rules and that more changes will be made later. I would expect that eventually the rules will be broad enough to cover night flight, autonomous flight beyond VLOS and flight over people. It probably will not cover closed movie set as they want a very specific operating plan for this type of operation. They still require waivers for helicopters filming on closed movie sets so do not expect this to change for UAS any time soon. This is still considered one of the highest risk operations that they did not intend Part 107 to cover.

The Part 107 is broad enough to also cover recreational and hobby UAS flight but it is not required that hobbyist operate under Part 107. Just keep in mind that recreational flights are very limited by P.L. 112-95 and I would never expect the restrictions in P.L. 112-95 to become less strict now that we have Part 107. P.L. 112-95 protects model aircraft such as RC airplanes from restrictive FAA regulations. RC airplanes have a proud and safe history record. P.L. 112-95 is not intended to protect UAS unless you intend to operate your UAS under the same conditions, flying fields, AMA membership, etc. that RC aircraft operate at. If you want to operate beyond the RC airplane flying fields and the P.L. 112-96 limitations then Part 107 is for you.

If the new Part 107 regulations are already broad enough to cover what you want to do either commercially or recreationally then you do not need any waiver. You only need to follow the regulations in Part 107.

If you currently have a 333 waiver it can not be renewed. If Part 107 covers your intended operation, then you will be expected to operate under Part 107 after the expiration date of your 333 waiver. Part 107 if far less restrictive then a 333 waiver and you can just simply abandon your 333 waiver if you like and operate under Part 107 after August 29, 2016.

Cactuswest, if this does not answer your question "what should I do?" then respond here with what it is that you would like to do with your UAS and I will be happy to give you some direction.
 
Dave,
Thank you for your post. You have answered my questions and more.
For now, Part 107 is good enough for our level. But we will be working toward a closed set qualification/waiver when the time comes.
In the mean time, as a Part 61 pilot and having completed the online course, I am waiting to get my temp drone license.
 
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Please explain what I said was untrue. There are things you can do with a 333 you cannot do with a 107. A 333 can be renewed if what you do does not conform to part 107. I am not claiming to be an expert on the FAA rules, I am just relaying what the FAA has stated.

SOURCE: Unmanned Aircraft Systems (UAS) Frequently Asked Questions/Help

LuvMyTj,

Your statement is not necessarily untrue. It all depends on what it is that you are doing with your waiver.

For many Part 107 is all that they need for their operation. If this is the case then most will find that Part 107 is less restrictive than the 333 wavier. Things like the VO being optional, rather than required as an example. For many 333 waiver holders they will probably find that it makes the most sense to abandon their 333 waiver, if they can do what they want to do under Part 107.

333 waivers are basically going away. They are not likely to grant any new ones and they are not likely to renew them unmodified. At a minimum they will want the operator to hold a Remote Pilot Certificate as an example. What is even more significant is that many, if not the mass majority, will find that they do not need to renew by operating under Part 107 instead.

For certain cases such as night operation and/or closed movie sets the operator will still need a waiver, but it will be a Part 107 waiver rather than a 333 waiver.

It is true that Part 107 does not void your 333 waiver, at least not until it renewal date as which point it automatically expires. Therefore many 333 waiver holders have not taken a close look at Part 107 knowing that they can continue to operate without following Part 107. I do believe that most will find that Part 107 fits their needs even better than their existing 333 waiver.

I would strongly recommend anyone that currently holds a 333 waiver to take a close look at the new Part 107 and see if this will meet your needs. If you have any specific questions for your type of operation feel free to post them here or PM me and I will do my best to answer your questions, but we do need to get into specifics before anyone can answer if Part 107 is better or worse than a existing 333 waiver for your operation.

There is nothing in Part 107 that says it can not be used for hobby use. Since it will be so easy to get a Remote Pilot Certificate many will find that Part 107 is less restrictive than the hobby use requirements. As an example by operating under part 107 you can give your videos away by posting them on YouTube or giving them to the news media, if you so choose. Operations in class G airspace is allowed under Part 107, even for hobby using, if you are within 5 miles of an airport is another example.

You are correct that if you only operate your UAS at a local model RC aircraft flying field, follow their safety procedures and you are currently a member of AMA then you probably do not care about Part 107. If you make sure no one profits off of your videos (YouTube as an example) then you can safely ignore Part 107 if you have at least registered your UAS. For the majority this does not describe how they generally use they UAS and therefore they may want to operate under Part 107.

Each UAS operator should consider Part 107 before dismissing it, regardless if they are operating under a 333 waiver or recreationally.
 
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