Is it true about the new regulations starting August 29th regarding Part 107? Do we now have to get a certified drone pilots license? I hope not, or is it just for commercial use?

Aloha cimino,

     No, only commercial operators will need to get certified.  The Part 107 rules are for Small Drones and their operators.  Small drones are between 55 pounds and 4.4 pounds.  To fly an Inspire commercially, you will need to get certified under Part 107.  To fly a Phantom commercially, you will have to get a Part 107 exemption because it is under 4.4 pounds (micro drone class).  The guidelines for the Part 107 exemption will probably also be out on August 29th with new rules to follow in a year or so.  Recreational operators will use the existing rules for recreational RC users up to aircraft of 55 pounds.  Recreational use will not be allowed for aircraft over 55 pounds.

     Hope this helps!

Aloha and Drone On!

Yes, thank you very much

As Cateman said, if you have no intention of flying commercially then you are fine. Though you are supposed to do the FAA sUAS registration.
https://registermyuas.faa.gov/

There is no separate requirement for a "microUAS" in part 107. All sUAS flown for commercial use fall under part 107. As indicated by page 10 of THIS LINK. (14CFR Part 107). This rule only provides an upper limit of weight (55 lbs) and no lower limit. There is no process to get a part 107 waiver for micro drones. There was discussion that described what a microdrone is HERE   (<4.4 lbs, speed <30MPH...etc) but part 107 makes no mention of the classification.

My disgusting amount of research on this topic is derived from defending myself from the local FSDO (FAA field office) where I live.

dak162 Posted at 2016-8-26 02:23
There is no separate requirement for a "microUAS" in part 107. All sUAS flown for commercial use fal ...

Aloha dak,

     So, were you successful in defending yourself?  Come on now, admit that you learned plenty in that process.  I hope you did find at least some of it interesting.  I am proud of you for just defending yourself in the complaint!

     And the 333 exemption was never mentioned in the 333 rules but there were 333 exemptions.  Part 107 is not in effect yet, at least for a few more days.  If you look on the FAA web site, they list a dozen or so waivers they plan to allow for micro drones in the Part 107 exemption process.  They also mention that they will not address the exemption process until after Part 107 goes into effect.  The FAA is not going to be unreasonable.  They are tasked with developing fair and equitable practices.

     Below is a screen capture of the FAA web page in question.

Aloha and Drone On!

Cetaman Posted at 2016-8-26 07:04
Aloha dak,

     So, were you successful in defending yourself?  Come on now, admit that you learn ...

I also heard that the FAA is going to be VERY strict with compliance and offenders face some serious fallout.

Cetaman Posted at 2016-8-25 19:04
Aloha dak,

     So, were you successful in defending yourself?  Come on now, admit that you learn ...

I was successful because the inspector underestimated the amount of research I did before flying (I have laminated copies of Public Law-112-95, a screenshot of the FAA fly for fun webpage and applicable portions of 14 CFR 333 and the proposed 14 CFR 107. I also was able to step my way through each). The research coupled with my preflight checklist basically left the inspector baffled, he expected a slack-jawed, ignorant moron, I guess.  

There is no mention of micro drones on this page. The waivers mentioned will be entertained for any commercially used drone.

On a similar note, I asked (talked with directly) the FSDO (district office) yesterday about how part 107 will affect hobbyists. At first they said it was not applicable, but the conversation ended very discouragingly. This is due to the statement in public law 112-95 that defines a "drone flown for recreation or hobby".

They went on to say that the statement of "the aircraft is operated in accordance with a community-based
set of safety guidelines and within the programming of a nationwide community-based organization;" basically meant that the drone operator would have to be a member of a nationally recognized club or organization that adheres to a set standard of rules and safety observances.

Lay-mans terms from this lady was, "you need to be part of the AMA or some other club to fly drones as a hobby or have a part 107 remote pilot certificate or you could be fined"

She refused to endorse a club (because the government can't legally do that), but she did indicate that if a hobbyist was approached by a credentialed FAA inspector, he/she can ask you to prove you are a member.

I, personally, have taken the approach of getting my part 107 certificate. That should cover my bases. My test is next week.

Oh, other things she mentioned,
- FPV racing requires a part 107 certificate  (haven't seen this written anywhere, but she was adamant about it)
- If microdrone waivers are approved the operator will be limited to
        - No FPV headsets
        - < 30 MPH (13.5 m/s)
She pointed me to the below link from a discussion concerning micro drone rules. Keep in mind no policies are currently in place.

MicroDrone FAA Discussion

dak162 Posted at 2016-8-26 05:39
I was successful because the inspector underestimated the amount of research I did before flying ( ...

dak162 and Cetaman. Thanks for the great information.

I have been trying to figure out where to get training and go take the test. I see "stuff" all over the Internet, including one place that wanted $300 for the training. Is it possible to buy a book and study for the test or do you have to go get training? Also, I think the rules say you have to be vetted by the TSA, but I can't find where to do that. I've called the TSA and sat on hold for 30 minutes and finally had to give up.

Thanks in advance for any information.

dak162 Posted at 2016-8-26 17:39
I was successful because the inspector underestimated the amount of research I did before flying ( ...

Aloha dak,

     That is great news!  We are all proud of you!  Somebody has to stick up for us!

     "There is no mention of micro drones on this page. The waivers mentioned will be entertained for any commercially used drone."
Yes, just as there was no mention of small UAS in the 333 waivers in the 333 exemption process.  These are waivers and if you make a reasonable case, they will waive almost any regulation.  That is what gets you the exemption.  The exemption process is what sets the stage for new regulations.  In our case, the microdrones.  The FAA discussed this process for microdrones in the proposed rulemaking document for Part 107.  Just as the pilot's license requirement was an outstanding issue, there are other microdrone issues that are just as egregious compared to small UAS.  Mahalo for the MicroDrone FAA Discussion link.  I think this is the one they referred to in the proposed rulemaking.

     This is funny, I just got done writing a post regarding a thread about the FPV and AMA issues.  Here is the link.  If you are not too burned out, give it a read.  DJI-Ken contributed some good information and his link has even more links.

http://forum.dji.com/thread-61865-1-1.html

     Congratulations on putting up the good fight!

Aloha and Drone On!

ccbiggz Posted at 2016-8-26 17:51
dak162 and Cetaman. Thanks for the great information.

I have been trying to figure out where to g ...

Aloha biggz,

     As I mentioned to dak, check out this thread.  DJI-Ken offers a really good link that also has good links in it.  These are study materials for the Part 107 test.

http://forum.dji.com/thread-61865-1-1.html

Aloha and Drone On!

ccbiggz Posted at 2016-8-26 05:51
dak162 and Cetaman. Thanks for the great information.

I have been trying to figure out where to g ...

The TSA background check occurs after you pass your Remote Pilot knowledge test. Only after that check are you licensed.

ccbiggz Posted at 2016-8-26 17:51
dak162 and Cetaman. Thanks for the great information.

I have been trying to figure out where to g ...

Aloha biggz,

     To supplement dak's information, the FAA vets you with the TSA after you pass the test and without any input from the applicant.  Only if the applicant is denied can the applicant act in the process.  The TSA vetting should not be a concern for you.  (Very hush, hush behind the scenes.)  They will let you know how you do.  If you try to get involved, it will hurt your chances of getting licensed.

     Hope this helps.

Aloha and Drone On!

dak162 Posted at 2016-8-27 01:58
The TSA background check occurs after you pass your Remote Pilot knowledge test. Only after that c ...

You've got to laugh at this.
For some bizarre reason the FAA feels it's very important that they prevent anyone on a terrorist watch list from getting involved in commercial drone photography but it's not a concern for recreational drone flying.
Having to pass a TSA check is going to make sure that no terrorists are doing the occasional real estate shoot.

You've got to question the intellectual process that came up with this.

labroides@yahoo Posted at 2016-8-28 04:26
You've got to laugh at this.
For some bizarre reason the FAA feels it's very important that they p ...

I thought the same thing. But then I watched the guy below on Youtube using Litchi to disconnect his aircraft from the RC and fly it to the building he worked over a mile away. I know it sounds stupid, but imagine attaching a payload of nefarious design to such an aircraft and then flying it to a populated place. Then imagine the feds trying to explain why they didn't catch that "this guy" when he applied for and received a Part 107 certificate.

Bottom Line: I believe they are covering their rear ends...
He starts talking about it at about 4:30

The video is

dak162 Posted at 2016-8-28 22:25
I thought the same thing. But then I watched the guy below on Youtube using Litchi to disconnect hi ...

You're joking aren't you?
1.  Anyone with the intention to do anything like that won't bother about any certification at all.
2.  Anyone can go Litchi flying without commercial certification
It's a hangover from the old days when they couldn't differentiate flying a Phantom from flying a 747 and asked flyers to have a real plane licence to shoot a few real estate photos.

Making commercial drone flyers undergo a TSA clearance achieves nothing but that the FAA believes this is important shows you they have a very tenuous grasp of the issues involved in commercial drone flying.

labroides@yahoo Posted at 2016-8-28 17:40
You're joking aren't you?
1.  Anyone with the intention to do anything like that won't bother abou ...

Having a comment/opinion about the USA TSA/FAA policy when you live in Australia would lead me to ask the same question with which you began this discussion.

But I will retort...
You missed the bottom line..."Bottom Line: I believe they (TSA/FAA) are covering their rear ends..."

It is so if someone does (or does not) follow the rules the TSA can say, "We have a process , they did not follow it, we did what we could".


And since we like numbered lists:
1. The high-jackers who were responsible for 911 followed the Government's process to get licensed to fly aircraft. There were individuals in the group who took lessons to fly in this country (US). Soooo...never underestimate the mental model of a driven individual.

2. There are also several LARGE companies that are trying to use drones, not just individuals taking pictures for real estate and weddings.

3. I spend a lot of time around government officials. A great deal of what they do is prepare to answer questions from the public when something goes wrong.

Editorial:
I also believe the FAA in the US is moving toward the point of placing hobby drone (aerial camera/multi-rotor copter) flyers in a category that does not fall within PL 112-95 (model aircraft). The discussions I've had with the FAA district office have often included how, "drone flyers can fly anywhere they want to within reason...model aircraft operators typically fly in a field. It is very rare to see a model airplane or helicopter on the coast, around the beach, at a wedding, next to a river..."

There are people in the US government who are pushing for the TSA background check for everyone who registers a drone in the US.  The requirement for commercial operators is the groundwork.

This is my opinion only based on discussion with the FAA district office where I live. In fact this entire post is my opinion. Which I rarely joke about.

Aloha labroides and dak,

     Come on guys, this is not about stopping terrorism, it is about sharing airspace.  The FAA is only concerned about the fair and equitable use of the Nations air space.  Under US law, because we are at war with terrorism, the TSA has to get involved with our FAA involvement.  It really is simple when you think about it.  Even in Australia, the government inserts itself when there is a possibility that a terrorist might be thwarted.  Do not let this impetus of government distract you from the basic concept that we need to share the airspace safely.  If a terrorist really wants to screw you up, they will screw you up.  Done.  But as long as it is not the whole country, the country will recover from the attack and the terrorist will not win (other than a recent suicide battle in the news).  So, please, you guys are very talented.  Do not let this BS distract you from what you do best.

Aloha and Drone On!