At the faa.gov site... https://www.faa.gov/uas/recreational_fliers/  ...in Step 2 it says review the rules.  It states a max of 400' in Class G (uncontrolled airspace).  Yet when you look at the actual Public Law 112-95, Section 336 or Advisory Circular 91-57 or the new FAR 101, Subpart E there is no reference to max altitude...  https://www.law.cornell.edu/cfr/text/14/part-101/subpart-E  .  As one model glider pilot put it, there's no way they could catch thermals and/or remain below 400'.  So do we believe and follow the actual public law and FAR or do we believe an informatiional paragraph on the FAA website.   I thought there was a recent interpretation by the FAA of the FAR, further clarifying the issue, but I can't find that post anywhere.

Added note:  It's interesting that all the other rules listed in Step 2 can be found in the regulations/laws...but nowhere I could find do the regulations/laws list a max altitude of 400'.

hello again ;) took me a while to decode the first part, but I am going to go with what my registration says. It says that on my printed out papers so i guess i will abide by that.

I have two emails off to the FAA asking for clarification...why they say follow the rules and then list a rule that's not even in the regulations (FARs) or public law.

Got a very quick response back from the FAA...wow, that was like 30 minutes or less!!!

This is what they said:

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

HR 302-113, Public Law 115-254, the FAA Re-Authorization Act of 2018 states under Section 349 Exception for Limited Operations of Recreational Unmanned Aircraft:

‘‘(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."

SF

This is the actual Public Law...go to Section 349     https://www.congress.gov/bill/11 ... 270B797E485483D072C

Interesting what 7) says:

(7) The operator has passed an aeronautical knowledge and safety test described in subsection (g) and maintains proof of test passage to be made available to the Administrator or law enforcement upon request.

And what (g) says:

(g) Aeronautical knowledge and safety test.—

“(1) IN GENERAL.—Not later than 180 days after the date of enactment of this section, the Administrator, in consultation with manufacturers of unmanned aircraft systems, other industry stakeholders, and community-based organizations, shall develop an aeronautical knowledge and safety test, which can then be administered electronically by the Administrator, a community-based organization, or a person designated by the Administrator.

“(2) REQUIREMENTS.—The Administrator shall ensure the aeronautical knowledge and safety test is designed to adequately demonstrate an operator’s—

“(A) understanding of aeronautical safety knowledge; and

“(B) knowledge of Federal Aviation Administration regulations and requirements pertaining to the operation of an unmanned aircraft system in the national airspace system.

The reason that it is 400 ft limit is because all normal aircraft must remain 600 ft AGL (or more).  This gives a 200 ft buffer zone.

I don't recall taking any test or having any paperwork showing I passed a test which could "be made available to the Administrator on request."

Hi, thanks for sharing this interesting thread to us. This is informative and for our other DJI forum members to be aware. Thank you for continued support.

MccloudSpark Posted at 2-20 12:55
The reason that it is 400 ft limit is because all normal aircraft must remain 600 ft AGL (or more).  This gives a 200 ft buffer zone.

well, not necessarily. i've seen many helicopters flying under 600 ft AGL.

Rustic17 Posted at 2-20 12:57
I don't recall taking any test or having any paperwork showing I passed a test which could "be made available to the Administrator on request."

this is what the new law will be. presumably in the next 6 months we will see a knowledge test for HOBBYISTS

Yes...the law was enacted 10/5/2018 so they have 180 days from then to have a knowledge test in place.  Also,  "in collaboration with aeromodelling stakeholders, the Administrator shall publish an advisory circular within 180 days of the date of enactment of this section that identifies the criteria and process required for recognition of community-based organizations.”

I found this interesting:
  

“(5) In Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, the operator obtains prior authorization from the Administrator or designee before operating and complies with all airspace restrictions and prohibitions.

Seems like we used to tell the tower where and when we were going to fly in their airspace...now we have to get authorization.

  

snowbird pilot Posted at 2-20 14:47
well, not necessarily. i've seen many helicopters flying under 600 ft AGL.

Helicopters are granted some special guidelines per CFR 91-119
https://www.ecfr.gov/cgi-bin/tex ... 4:2.0.1.3.10.2.4.10

MccloudSpark Posted at 2-20 16:35
Helicopters are granted some special guidelines per CFR 91-119
https://www.ecfr.gov/cgi-bin/text-idx?rgn=div8&node=14:2.0.1.3.10.2.4.10

military and police helicopters though can

snowbird pilot Posted at 2-20 17:33
military and police helicopters though can

Right and emergency flight helicopters that fly to hospitals. News helicopters also.

Federal Aviation Regulations
Home > Aviation Regulations > Parts Index > Part 91 > Sec. 91.119 - Minimum safe altitudes: General.
Sec. 91.119 — Minimum safe altitudes: General.
Except when necessary for takeoff or landing, no person may operate an aircraft below the following altitudes:

(a) Anywhere. An altitude allowing, if a power unit fails, an emergency landing without undue hazard to persons or property on the surface.

(b) Over congested areas. Over any congested area of a city, town, or settlement, or over any open air assembly of persons, an altitude of 1,000 feet above the highest obstacle within a horizontal radius of 2,000 feet of the aircraft.

(c) Over other than congested areas. An altitude of 500 feet above the surface, except over open water or sparsely populated areas. In those cases, the aircraft may not be operated closer than 500 feet to any person, vessel, vehicle, or structure.

(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to persons or property on the surface—

(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and

(2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.

[Docket No. 18334, 54 FR 34294, Aug. 18, 1989, as amended by Amdt. 91–311, 75 FR 5223, Feb. 1, 2010]

Obviously, military is different...I flew A-10s out of Myrtle Beach AFB, South Carolina and we flew low altitude tactical navigation (LATN) in a three state region down to 100'.  We would takeoff and fly two hours at 250 knots and never get above 300' except when we hit the gunnery range to shoot the 30mm or drop practice bombs.  If we accidentally approached a congested area, we'd haul back on the stick and pop up to 1000' in an instant.

MccloudSpark Posted at 2-20 12:55
The reason that it is 400 ft limit is because all normal aircraft must remain 600 ft AGL (or more).  This gives a 200 ft buffer zone.

to all pilots , be aware if you are flying below 400 ' and a helicopter or low flying plane comes into your air space and they collide with your drone or RC plane you are still at fault , just be careful . it a good thing to have a spotter with you . where i fly we have a lot of low flying helicopters and when the city is spraying for west Nile virus they are flying real low  .

Well - I think we covered that pretty well!  I love this forum and it's members

snowbird pilot Posted at 2-20 14:47
well, not necessarily. i've seen many helicopters flying under 600 ft AGL.

That is because you are at fault, anyway, with an UAV ;-)

This was a great discussion, thanks to all for sharing, a lot of good information to digest

S-e-ven Posted at 2-20 22:47
That is because you are at fault, anyway, with an UAV ;-)

correct, sadly

Sayhelloforme Posted at 2-20 17:53
Right and emergency flight helicopters that fly to hospitals. News helicopters also.

yep seen that too

snowbird pilot Posted at 2-20 14:47
well, not necessarily. i've seen many helicopters flying under 600 ft AGL.

Helicopters don't have to stay above 600 ft AGL, or the 1000 ft AGL in 'built up areas'.  I have a friend who is a helicopter pilot and he told me they don't have to follow that rule, that's only for fixed wing. I was like, dude,  WTF am I supposed to do with my drone then if I hear a helicopter? Fly up?

Rustic17 Posted at 2-20 18:16
Obviously, military is different...I flew A-10s out of Myrtle Beach AFB, South Carolina and we flew low altitude tactical navigation (LATN) in a three state region down to 100'.  We would takeoff and fly two hours at 250 knots and never get above 300' except when we hit the gunnery range to shoot the 30mm or drop practice bombs.  If we accidentally approached a congested area, we'd haul back on the stick and pop up to 1000' in an instant.

Warthog v. DJI Spark.... Warthog wins

Does anyone know of a way to travel back in time about 20-30 years with a DJI Spark so it can be flown with fewer regulations? Asking for a friend.

Soiboy Posted at 2-24 16:17
Helicopters don't have to stay above 600 ft AGL, or the 1000 ft AGL in 'built up areas'.  I have a friend who is a helicopter pilot and he told me they don't have to follow that rule, that's only for fixed wing. I was like, dude,  WTF am I supposed to do with my drone then if I hear a helicopter? Fly up?

annoying...

Soiboy Posted at 2-24 16:19
Warthog v. DJI Spark.... Warthog wins

warthog? like the animal?

Soiboy Posted at 2-24 16:19
Warthog v. DJI Spark.... Warthog wins

oh, nevermind the A-10 warthog