Called FAA today about max ceiling

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I posted a pic on my FB the other day and stated that I took it from 600 feet up. A couple of people warned me that I was only allowed to go up to 400 feet. I shared with them the fact that the 400 foot max was a part 107 rule and hobby fliers do not fall under that category. After a few more posts back and forth I deiced to end the debate and call the FAA UAS center. I explained that I was a hobby flyer, and that I understood that I was not restricted under part 107. He said that was correct. I asked him what my max ceiling was and he said there is none. He stated that they prefer I stay under 400 feet, but there is no law or regulation that says I have to.

Now, with that said, most of my time will be spent well under 400 feet. But I AM going up to at least 1000 feet once to get a few pictures.
 
I posted a pic on my FB the other day and stated that I took it from 600 feet up. A couple of people warned me that I was only allowed to go up to 400 feet. I shared with them the fact that the 400 foot max was a part 107 rule and hobby fliers do not fall under that category. After a few more posts back and forth I deiced to end the debate and call the FAA UAS center. I explained that I was a hobby flyer, and that I understood that I was not restricted under part 107. He said that was correct. I asked him what my max ceiling was and he said there is none. He stated that they prefer I stay under 400 feet, but there is no law or regulation that says I have to.

Now, with that said, most of my time will be spent well under 400 feet. But I AM going up to at least 1000 feet once to get a few pictures.
That is very interesting. The popular misconception is that everyone is limited to 400 ft. I was questioned by the local Barney Fife's here in a public park and assured by them that 400 feet is the LAW .
 
In my limited amount of experience only having a drone for about a month, I'm very pleased with an overall altitude of 300 feet. It clears everything down here in South Florida, but allows you to still get a pretty good definition underneath.
 
That's just something I will never be able to wrap my head around and to be honest, it concerns me greatly. I mean we (the licensed and certified remote pilots) have the 400 ft AGL limit but any Tom, **** and Harry hobbyist (mostly referring to the first timer Christmas 2016 drone owners) can go out and fly irresponsibility, injury themselves or someone else resulting that those who are doing this for our family's livelihood could be at risk of losing everything due to their actions of flying stupid. These "hobbyist" flying restrictions, or shall I say non-restrictions can be a recipe that could force the FAA to impose the harshest of future rules and regulations and possibly even harsher penalties on those who fly commercially by the book.
I say, that anyone who flies a UAV of any kind should be required by law to obtain a license and/or certification just like anyone who operates a motor vehicle on the highways. This accomplishes many things but here are two; It teaches the UAV operator to work within the laws made by the FAA and ,two, it educates the uninformed so they know what things they can and things they can't do. It will prevent more problems than what it might cause IMO. Education is key and for all of our future flyings' sake, we need all the education we can get for those who are uninformed.
 
You can't legislate stupidity, nor stop those who choose not to follow any regulation or law or licensing you impose. Ever see anyone texting and driving, or holding and talking on their cell phone while driving? Even if you outlaw flying drones completely, outlaws will still be flying drones. How does that solve any problem? Education doesn't solve any problem either. The real scofflaws already know they shouldn't be doing what they are doing. :rolleyes:
 
Below are the FAA's guidelines for hobbyist pilots. They can be found here:

Fly for Fun

Before you fly outside you must:
- Register your UAS if it weighs more than 0.55 pounds and less than 55 pounds
- Label your UAS with your registration number
- Read and understand all safety guidelines

Safety Guidelines
- Fly at or below 400 feet
- Keep your UAS within sight
- Never fly near other aircraft, especially near airports
- Never fly over groups of people
- Never fly over stadiums or sports events
- Never fly near emergency response efforts such as fires
- Never fly under the influence
- Be aware of airspace requirements

I suppose it would be possible to interpret "guidelines" in this context as something other than "the law", but considering some of the penalties being assessed by the FAA, that may be risky.

In a broader context, it is important to always consider the impact your actions can have on other drone pilots, hobbyist and commercial. If all of us begin pushing those "guidelines", do we not ultimately impact the hobby/livelihood and enjoyment of everyone else?

Just some friendly and well-intentioned food for thought. :)


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The headline is a mischaracterization of the facts. From the article, there was no official finding of a violation by the FAA, and no admission of any FAA violation by PetaPixel. It was a civil settlement.
========
"In their own statement, SkyPan is quick to point out that the settlement includes no admission or denial of wrongdoing on their end, and no official violation in the FAA’s books.

“While neither admitting nor contesting the allegations that these commercial operations were contrary to FAA regulations, SkyPan wishes to resolve this matter without any further expense or delay of business,” writes the company. “In exchange [for the penalties SkyPan has agreed to pay], the FAA makes no finding of violation.”
 
I shouldn't have posted that link. It was an extreme example of a point I made in the previous post, but goes way beyond the point itself and is not really even relevant to the discussion here. I would remove it, but it has twice been quoted so I'll just ask that you consider it moot and pardon my reference to it.


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I shouldn't have posted that link. It was an extreme example of a point I made in the previous post, but goes way beyond the point itself and is not really even relevant to the discussion here. I would remove it, but it has twice been quoted so I'll just ask that you consider it moot and pardon my reference to it.


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Nothing wrong with the link itself. Just demonstrates that the media is eager to jump on the anti-drone bandwagon at every opportunity to twist the facts in their headlines, in a form of yellow journalism. Clearly, the civil settlement was based upon overwhelming evidence of guilt, even if neither side now acknowledges it! :cool:
 
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Below are the FAA's guidelines for hobbyist pilots. They can be found here:

Safety Guidelines
- Fly at or below 400 feet


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Note, what you included is the "short version". If you read the slightly longer version, you can go over 400ft, if you stay within 400' of a structure - "Maximum altitude of 400 feet above ground level (AGL) or, if higher than 400 feet AGL, remain within 400 feet of a structure." My assumption would be this covers any type of structure/landscape, meaning if you fly over a 1000' cliff, so long as you stay within 400' of the cliff wall, you are ok. The other caution with this is don't lose VLOS as you will likely lose radio contact and your drone will fly into the structure because you really shouldnt set the RTH over 400'
 
Per my conversation with the FAA. VIA a phone call, there is NO altitude limit for hobby fliers. Only commercial fliers. Here is the number I called to get that information.
844-FLY-MY-UA. 877-396-4636

The question I asked him was, as a non-commercial drone pilot, what is my max altitude. His reply, there is no limit. He went on to say that they do suggest pilots stay under 400 feet, but there was no law or regulation that says we have to.
 
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Per my conversation with the FAA. VIA a phone call, there is NO altitude limit for hobby fliers. Only commercial fliers. Here is the number I called to get that information.
844-FLY-MY-UA. 877-396-4636

The question I asked him was, as a non-commercial drone pilot, what is my max altitude. His reply, there is no limit. He went on to say that they do suggest pilots stay under 400 feet, but there was no law or regulation that says we have to.
I would still stay below 30,000 feet, as the commercial airliners seem to like that altitude.:p Verbal statements are worth the paper they are printed on. ;)
 
Note, what you included is the "short version". If you read the slightly longer version, you can go over 400ft, if you stay within 400' of a structure - "Maximum altitude of 400 feet above ground level (AGL) or, if higher than 400 feet AGL, remain within 400 feet of a structure." My assumption would be this covers any type of structure/landscape, meaning if you fly over a 1000' cliff, so long as you stay within 400' of the cliff wall, you are ok. The other caution with this is don't lose VLOS as you will likely lose radio contact and your drone will fly into the structure because you really shouldnt set the RTH over 400'

This is a commercial rule, not for the hobbiest.
 
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The reason behind the 400 foot limit is simple, manned aircraft are limited to no less than 500 feet. One you cross that altitude line, you become a hazard to manned aircraft. I don't want the NTSB investigators to find the remains of my drone inside a crashed private airplane and determine that an air strike with my drone and the injury to the pilot from it caused a crash. That would be a bad day for all drone pilots, commercial or hobbyist.
 
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Keep in mind also for those that choose to ignore it because it's listed as a "guideline". If something goes wrong and it can be shown that you were above that it opens a whole 'nother realm of charges because you flew outside of accepted safety guidelines. While there's a cap on FAA fines there's pretty much unlimited ceiling in civil liability awards
 

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