Interesting that in granting the exemption, the FAA says:
"FAA does not possess the authority to exempt the petitioner from the statutory requirement to hold an airman certificate, as prescribed in 49 USC § 44711.2 Although Section 333 provides limited statutory flexibility relative to 49 USC § 44704 for the purposes of airworthiness certification, it does not provide similar flexibility relative to other sections of Title 49."
Yet, from the FAA's own documents:
ULTRALIGHT VEHICLE Date: 1/30/84 AC No: AC 103-7
13. SINGLE OCCUPANT.
a. The Rationale for Allowing Single Occupant Operations Only, One aspect of the rationale for allowing ultralight vehicles to operate under special rules
which do not require pilot and aircraft certification is the single-occupant limitation. The assumption is made that a person who elects to operate an uncertificated vehicle alone is aware of the risks involved. This assumption does not necessarily hold true for a passenger. Because the pilot qualifications for ultralight vehicle operations are not Federally controlled or monitored, the single-occupant requirement is a necessary component to the continuation of the policies and regulations which allow the operation of ultralight vehicles free from many of the restrictions imposed on the operation of certificated aircraft.
Part 103-Ultralight Vehicles
Adopted: July 30,1982 Effective: October 4,1982 (Published in 47 FR 38770, September 2,1982)
A Part 103 Ultralight Aircraft is defined as "an empty weight of 254 pounds has a fuel capacity not exceeding 5 U.S. gallons; is not capable of more than 55 knots airspeed at full power in level flight; and has a power-off stall speed of 24 knots or less."
The FAA has chosen not to promulgate Federal regulations regarding pilot certification, vehicle certification, and vehicle registration, preferring that the ultralight community assume the initiative for the development of these important safety programs. The ultralight community is expected to take positive action to develop these programs in a timely manner and gain FAA approval for their implementation. Should this approach fail to meet FAA safety objectives, further regulatory action may be necessary.
So, what the FAA is saying is that it's OK to strap a lawnmower engine with a 6-foot aircraft propeller to your back, put on a parachute and go fly without any aircraft or pilot certification or training, but a three-pound plastic drone with no accident history involving serious injury or death despite tens of thousands of flight hours requires a Private Pilot's License.
This is legal and no license is required.
Many people are unaware that there are two lesser pilot's licenses that would both exceed anything the small UAV knowledge requirements, the Recreational Pilot Certificate and the Sport Pilot Certificate. The Recreational Pilot Certificate is a bit of a joke. It's basically seen as an advanced Student Pilot License that permits passengers and requires 30-hours of flight training. (A Private Pilot's License requires 40 hours of instruction, but is otherwise identical). The Sport Pilot Certificate requires no FAA Medical Certificate and only 20 hours of flight instruction.
Then there is the Part 103 Ultralight Aircraft.
Part 103 has no requirement for any training or aeronautical knowledge.
Part 103 has no requirement any kind of aircraft inspection, certification, or registration.
Part 103 aviators are not required to follow Part 91 rules, with the exception of a few, which are specifically spelled out in Part 103. In Fact, Part 91.1 exempts Part 103 operators.
Under Part 103, pilots can fly into any airspace (Class A,B,C,D) as long as permission is obtained. Sport Pilot, Recreational Pilot, and Private cannot fly into Class A (this requires an instrument rating). Sport Pilots and Recreational Pilots must first have training, and a logbook endorsement before they are allowed to fly into airspace requiring ATC control (Class B, C, D). Part 103 requires nothing. Will ATC ever grant a Part 103 ultralight clearance into Class A, B or C? Probably not, nor do they belong there, but legally, it is possible.
There is no limit to the distance a Part 103 pilot can legally fly. Recreational pilots cannot fly more than 50 miles from their departure airport, unless they have received navigation training, and a logbook endorsement. Part 103 has no such restriction.
Part 103 does not limit the size or complexity of our engine(s), or the complexity of the plane (adjustable prop, retractable gear, etc). As long as its single seat, 254 lbs, 55 kts, etc, its legal. Sport and Recreational Pilots cannot fly planes with retractable gear, or "adjustable props". They also cannot fly multi-engine planes.
Under Part 103, pilots can fly with visibility as low as one mile. Sport and Recreational Pilots can not.
Under Part 103, pilots can fly 1/2 hour before sunrise, and 1/2 hour after sunset, if the ultralight is equipped with appropriate lighting. This is longer than Recreational pilots, and on many days, its even longer than Sport pilots can fly. Recreational pilots can not fly past sunset, or before sunrise. Sport pilots can fly during the period of "civil twilight", with appropriate lighting on their aircraft. (Ironically, even Sport pilots have more privileges than Recreational pilots, since they can fly at the beginning of civil twilight in the morning, and the end of civil twilight in the evenings, which is past sunset)
Under Part 103, pilots have no maximum altitude restriction. To fly above 18,000 feet MSL, pilots just need permission. Under Part 91, only instrument rated pilots can fly above 18,000 feet, when on an instrument flight plan. Recreational and Sport pilots are limited to 10,000 MSL, or 2,000 AGL, whichever is higher.
For reference, the general limitations for Sport Pilots, is defined in 14 CFR 61.315. The limits for Recreational Pilots, is defined in 14 CFR 61.101. The limits for private pilots is defined in 14 CFR 61.113.
I am looking into what it would take to get my Phantom defined as an Part 103 Ultralight Aircraft. It has a single seat, weighs less than 254 pounds has a fuel capacity of zero, is not capable of more than 55 knots airspeed at full power in level flight, and has a power-off stall speed of 24 knots or less.
