geofox784 Posted at 2017-3-2 06:19
From FAA's interpretation of 336:
"Based on the plain language of the statute, the FAA interprets this requirement to mean that: (1) the aircraft must be visible at all times to the operator; (2) that the operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the aircraft; and (3) people other than the operator may not be used in lieu of the operator for maintaining visual line of sight. Under the criteria above, visual line of sight would mean that the operator has an unobstructed view of the model aircraft. To ensure that the operator has the best view of the aircraft, the statutory requirement would preclude the use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggles designed to provide a “first-person view” from the model. 2 Such devices would limit the operator’s field of view thereby reducing his or her ability to see-and-avoid other aircraft in the area."

That's why my Bird has 1500 x2 Lume Cubes, I literally can see mine on a bright sunny day at 1600 feet...We are not near any AirPort.....

geofox784 Posted at 2017-3-2 13:28
Sorry for the misunderstanding. At that point I was not arguing if flying outside VLOS is legal or not. It's not. If you read my original post for this thread you would realize you are just repeating what I said. What I was arguing is that flying above 400' AGL or outside VLOS (a rule broken by almost everyone) is not careless or reckless if done with due caution, such as listening for other low flying aircraft.

I know this thread is Dead AF, but I just had to point out that the items copied from the faa that say "must" blah blah.. is just there so people think they have to follow it. Which is good, alot of people don't respect the hobby and shouldn't even be flying anything.  It's not LAW or REG just because it's on the FAA website. You have to look at the actual wording of 336, in the actual Regs with all the fancy lawyer speak (It says nothing about 400 ft on what I read, I cannot confirm it was the most up to date). I agree with you and 400 ft AGL is a "guideline" pretending to be REG. We still could get burnt if caught flying too close to the sun with the catch-all terms "reckless/careless". The one guy mentioned lights, Great idea, extends LOS a good deal in my opinion. I will definitely keep flying over 400' in a safest possible manner and deal with whatever happens. I'm obviously not an attorney, but I was a police officer for 10 years so I can turn the pages on them there law books and almost understand it lol. It would be awesome for an actual lawyer to chime in an splain it all real slowly in american english.

I also wanted to note, someone posted about people reporting UAS sightings. If yall don't know they actually have a report that is posted monthly of all the UAS sightings. From pilots, people whoever and gives a few small details, date/time, location, descriptions of the uas, apprx alt, direction blah blah... So.. If anybody has a "friend" that does or could have done things that may or may not be a lil sketchy, I'd say tell them to keep a log of the dates/times of their flights and look to see if they were reported. My friend.. has a Sky Hunter w/6ft wingspan, FPV, inav that HE has taken out just over 5 miles a few times and over 3k ft AGL. Haven't seen it on there yet. HE would appreciate a heads up if he should sell it, scrap it or repaint it in a hurry. For the record, I would never do anything like that, just saying... https://www.faa.gov/uas/resources/uas_sightings_report/

Fly safe, Fly smart, DO NOT talk to the police without a lawyer!
Happy flying!

DrEMHmrk2 Posted at 2017-3-1 21:17
Very robust explanation. I personally don't keep under 400' by default, by do try to maintain visual... whenever possible.

I emailed the FAA to ask about the altitude rule for hobbyists. They responded that it has been revised with the 2018 FAA Reauthorization act and that it is now 400 AGL. Here was their email:

Thank you for contacting the FAA's Unmanned Aircraft Systems (UAS) Support Center.

The FAA Re-Authorization Act of 2018 revises the rules for recreational UAS flying.  It states, in part:

‘‘(6) In Class G airspace, the aircraft is flown from the
surface to not more than 400 feet above ground level and
complies with all airspace restrictions and prohibitions."

Specific guidance from the FAA will be forthcoming regarding Section 349 for recreational use.

SF

Please follow up with any further inquiries at UASHelp@faa.gov.  Additional information is also available at https://www.faa.gov/uas/.

We appreciate your feedback.  Please select:  UAS Safety and Integration Division AUS-400.

and its skippies like this that the re-auth bill of 2018 will now include this....

Hobbyist drone pilots will be among those most impacted by the drone-related changes in the new Act.

One of the biggest changes in the Act is the repeal of Section 336, also known as the Special Rule for Model Aircraft. With the repeal, hobbyist drone pilots will be subject to FAA regulations similar to the regulations commercial drone pilots are required to operate under.

Up to this point, hobbyists have been treated as an entirely separate group of drone pilots from those flying commercially. But it looks like that will no longer be the case, and all drones will now be viewed similarly by the FAA, at least from a regulatory perspective.

In addition to now being subject to regulations about not flying near airports or above 400 feet—restrictions commercial pilots have under the FAA’s Part 107 rules—the Act also allows the FAA to require hobbyist drone pilots to pass a knowledge test before flying. (Commercial pilots have to pass the Part 107 test and receive a Part 107 certificate to fly.)



I went to several of the regulatory working groups and because of flagrant safety issues there was no talking them out of this time...  THANKS
prepare to reap the whirlwind people.. now they can pass and enforce whatever additional regulations on hobby pilots they deem fit..  better start studying up and saving the money you find in your mothers couches for the 107 certification ...

DeuceDriv3r Posted at 11-14 16:20
and its skippies like this that the re-auth bill of 2018 will now include this....

Hobbyist drone pilots will be among those most impacted by the drone-related changes in the new Act.

better start studying up and saving the money you find in your mothers couches for the 107 certification ...

Wonder how many Government bureucrats will pad their retirment fund selling 107 Certs?

Maverick N Goose Posted at 2018-8-13 23:36
I know this thread is Dead AF, but I just had to point out that the items copied from the faa that say "must" blah blah.. is just there so people think they have to follow it. Which is good, alot of people don't respect the hobby and shouldn't even be flying anything.  It's not LAW or REG just because it's on the FAA website. You have to look at the actual wording of 336, in the actual Regs with all the fancy lawyer speak (It says nothing about 400 ft on what I read, I cannot confirm it was the most up to date). I agree with you and 400 ft AGL is a "guideline" pretending to be REG. We still could get burnt if caught flying too close to the sun with the catch-all terms "reckless/careless". The one guy mentioned lights, Great idea, extends LOS a good deal in my opinion. I will definitely keep flying over 400' in a safest possible manner and deal with whatever happens. I'm obviously not an attorney, but I was a police officer for 10 years so I can turn the pages on them there law books and almost understand it lol. It would be awesome for an actual lawyer to chime in an splain it all real slowly in american english.

I also wanted to note, someone posted about people reporting UAS sightings. If yall don't know they actually have a report that is posted monthly of all the UAS sightings. From pilots, people whoever and gives a few small details, date/time, location, descriptions of the uas, apprx alt, direction blah blah... So.. If anybody has a "friend" that does or could have done things that may or may not be a lil sketchy, I'd say tell them to keep a log of the dates/times of their flights and look to see if they were reported. My friend.. has a Sky Hunter w/6ft wingspan, FPV, inav that HE has taken out just over 5 miles a few times and over 3k ft AGL. Haven't seen it on there yet. HE would appreciate a heads up if he should sell it, scrap it or repaint it in a hurry. For the record, I would never do anything like that, just saying... https://www.faa.gov/uas/resources/uas_sightings_report/

Looks like they updated that location.

https://www.faa.gov/uas/resources/public_records/uas_sightings_report/

And as far as that Knowledge Test, they call it the TRUST knowledge test. Its not too bad to take and pass. Did it in October this year.