Wingsy
 lvl.2
United States
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DRONE-flies-YOU Posted at 2016-12-1 14:41
YES, once you go 107, you're 107.
So even if you're just horsing around flying to show your buddy what the drone can do, you're now commercial ALL THE TIME. If it crashes during that flight and hurts someone, for example, they'll seek damages from the business. FACT, not interpretation.
Kevin Morris, the FAA's "drone guy" would differ with you on that. Here's what he says about flying recreational, part 107, and under a 333 exemption:
Kevin: Absolutely. So, if you have a Section 333 Exemption and its valid now it’s still valid. If you also hold a Remote Pilot Certificate, you could operate under Part 107. The way the FAA looks at the UAS flights is on a flight-by-flight basis. That is no different than saying you are a hobbyist or whether you a Part 107 or Section 333, prior to flight, you have to decide what category you are going to operate under. You may have a UAS and its Saturday and you want to fly it for fun, you do not have to comply with Part 107. My mission for today is that I am just going for fun. I am going to a field and I am just going to drive it around because I enjoy flying my UAS. That is perfectly. You could say, “You know what my Section 333 Exemption gives me permission because let’s say I have a COA a specific COA attached to my Section 333. I could get into this area where, boy the FAA has been drafting their feet on their airspace authorizations and it is taking forever. Therefore, I am going to use my COA or my Section 333.” Prior to flight you say, “I am going to use my Section 333 Exemption”. When you do that, you must comply with every condition and limitation in your Section 333 Exemption. Part 107 does not apply to that flight. Now that is same thing for the UAS you just flew for fun and as a hobby on the weekend, but now you are flying the same UAS under your Section 333 Exemption. Obviously, meaning the fact that it was listed under your Section 333 Exemption and registered and all of that good stuff. Finally, if you held a Remote Pilot Certificate as well, you could say, “You know what; my Section 333 Exemption has too many conditions and limitations on it. Where it will prevent me from doing this flight, but under Part 107, I have a Remote Pilot I can operate my UAS under Part 107 and fly this mission here. So I am going to take off and fly under Part 107. Every one of those scenarios, let’s say, involve the same legally registered UAS and everyone one of them would be ok. The only thing you cannot do is combine the two (Section 333 Exemption and Part 107). I am going to operate this mission under Part 107 because I do not want to have to go and find a Part 61 Certified Pilot to fly it and I am going to use my COA from my Section 333 Exemption to get me into this particular restricted air space. That is where you cannot do it. They have to be individual categories that you are operating under. It is under mission-by-mission or flight-by-flight basis.
Edit: I have 2 registration numbers on my P4, one for recreational and one for part 107.
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lvl.1
Second Officer
