Got my Section 333 Exemptions, But now I need a Sport Pilot Cert..... Ugggggg
- Thread starter CoolClownFish
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Yep! They can only do what Congress tells them to do. Look to our "leaderless" leaders for the problem.
Thanks, it could have been worse!Very sorry to hear that Luis.
I still get to fly my P3P with my right hand quite well, so technically I am not "grounded".How about not pay and just fly the **** thing. You want to make money? Charge for the post processing. Or if you're like 99% of everyone else out there, just have them pay in cash. Don't become a huge business, hire people, advertise it, make commercials, have a website etc and not worry about it. Friends of friends, take jobs by referral and the job type. The FAA has bigger issues to worry about.
Which sounds great until they knock on the door. We need to be working with the FAA, not blatantly ignoring them.
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Really? I have spent all this time and money and your telling me that all I had to do was break the law? Risk everything that I have worked for and risk everything I own? WOW.......
That's an old ruse and the FAA sees right through it.
On the other hand, to the best of my knowledge there has not been a single drone operator who has received a letter of violation from the FAA enforcement division.
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I know of 3 here in Utah. I have seen the FAA personally give them out. They have caught several people here in Utah on local classifieds sites.
The Section 333 exemptions require a pilot's license (sorry, FAA-issued Pilot Certificate) because that is what federal law requires in 49 U.S. Code §44703 - 'Airman certificates'. That's not an FAA rule, that's the law from Congress. If you fly commercially, that's air commerce and by law and the International Civil Aviation Organization (ICAO) treaty, anyone flying in commerce is required to be appropriately licensed. The FAA does not have the authority to grant exemptions for the license requirement. Part 107 rules will create a new class of operator certificate that only requires a written test and this will satisfy the terms of the law and of the ICAO.
Actually the FAA is working at bureaucratic light-speed with the Part 107 rules. Most NPRMS take 3 to 5 years to result in new rules, but Part 107 is on track to be finalized sometime next year - the year after it was proposed. That's fast for any rulemaking agency. To show how serious the FAA is about expediting the new rules, just look who asked for an extension for the comment period and were denied: The U.S. Hang Gliding & Paragliding Association, The Helicopter Association International, The Agricultural Retailers Association.
If anyone has actually received a civil penalty letter from the FAA enforcement division, I really want to see it because it has to contain the applicable law, rule, regulation, or order that was presumed violated. No one has received one of these for using their drones in commercial use.
From Peter Sachs at DroneLawJournal.com:
The FAA has not attempted to enforce its long-claimed commercial use ban. Not once. Unless someone operates recklessly, at most they will receive an "educational letter" sent by FAA non-attorneys, that are carefully worded to encourage, but never order the recipient to do or not to do anything. Only FAA legal may issue such orders to do or not to do something, despite non-attorney FAA employees having issued such orders wrongfully and repeatedly over the past few years.
Here is an article in DIY Drones about the FAA Cease and Desist letters. [link]
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I'm not going to go asking the FSDO who it was that received them when I was there. However if you want the regulations on sUAS then you can read for hours [here]
You may feel that you are exempt from the rules, regulations and laws in that link but I would love to see you in front of the FAA explaining why. I prefer to do my business in accordance with the laws and regulations so that I can prosper as a business, not keep paying all my profits in fines, fees and bail. And if there is any doubt in your mind about the classification of a drone:
A UAS is an Aircraft that Must Comply with Safety Requirements
A UAS is an “aircraft” as defined in the FAA’s authorizing statutes and is therefore subject to regulation by the F AA. 49 U.S.C. § 40102(a)(6) defines an “aircraft” as “any contrivance invented, used, or designed to navigate or fly in the air.” The FAA’s regulations (14 C.F.R. §1.1) similarly define an “aircraft” as “a device that is used or intended to be used for flight in the air.” Because an unmanned aircraft is a contrivance/device that is invented, used, and designed to fly in the air, it meets the definition of “aircraft.” The FAA has promulgated regulations that apply to the operation of all aircraft, whether manned or unmanned, and irrespective of the altitude at which the aircraft is operating. For example, 14 C.F.R. § 91.13 prohibits any person from operating an aircraft in a careless or reckless manner so as to endanger the life or property of another.
" That's fast for any rulemaking agency" Yes it is, Steve, AFTER they decided it was time to get off their butts.
I know the regulations quite well - probably better than you. If the FSDO personnel were issuing the letters, they were most certainly not from the enforcement division.
This is likely what was being passed out. It is not an enforcement letter. It is carefully written to scare you into compliance with rules that don't exist. When the FAA Enforcement and Compliance division sends a civil penalty letter to a person charged with a violation, the civil penalty letter will contain a statement of the charges, the applicable law, rule, regulation, or order. No one has been able to tell me what law, rule, regulation or order would be indicated on the letter for commercial flight.
There is no law, rule, regulation or order on this letter, so, what is the violation?
Well, lets look at your link to the FAA. There are three regulations referred to in the link.
The first is Part 1, 'Definitions, Civil Aircraft, section 1.1'. OK, by regulation our small drones are aircraft.
Next are two sections of Part 21, 'Certification Procedures for Products and Parts'. OK, if you want to spend many tens of thousands of dollars to get your aircraft certified, go right ahead. But the FAA has already determined that pursuant to the FAA Modernization and Reform Act of 2012, Section 333 (b)(2) "whether a certificate of waiver, certificate of authorization, or airworthiness certification under section 44704 of title 49, United States Code, is required for the operation of unmanned
aircraft systems identified under paragraph (1)."
That's it. There are no other rules in the link.
The FAA interpretation of the “Special Rule for Model Aircraft", which the FAA tried to enforce as a rule without the normal NPRM and comment period as required for a federal agency by the Administrative Procedure Act was challenged by three groups with petitions for review of administrative action in the United States Court of Appeals for the D.C. Circuit. (The AMA, The UAS America Fund and the Council on Government Relations). In at least one case a court order of abeyance was obtained. [link]
Nothing is illegal solely because a government agency claims that it’s illegal. The FAA cannot just make up regulations as it goes along, to enforce activities that it simply wishes to enforce. There must exist an actual statute or regulation for the FAA to enforce. Congress cannot create rules, notwithstanding the title of Section 336 of FAA Modernization and Reform Act of 2012. The FARs are the only federal regulations that exist pertaining to aviation, and are the only regulations that are legally enforceable.
So, I ask again.
What law, rule, regulation or order is the violation for operating your drone commercially?
...posted in the local classifieds...wow
Hey officer I have some weed want to buy some?
Is it going to be your sole source of income? Going to advertise? If you answered no to any of those questions then don't worry about it.
Family business or friends have a local business and want some video/photos done? Not talking about giant corporations. Sure as hell not going to sweat the FAA tracking me down and definitely not going to going to pay $5k for a pilots license to fly my remote controlled quadcopter around. Don't advertise it, tell the business the "FAA guidelines" and just make them aware. Rest assured they won't care if you're upfront. Been working like that for years and haven't had any issues yet.
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Yes it is going to be an actual business. And yes I will be advertising. Ignorance of the law don't make it alright to break, it only makes you a criminal. Don't like the laws then change them but I have a family to worry about and plan on making the money to support them not pay fines, fees or bail.
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Ok so in your first sentence you showed that the "Drone" is in fact an aircraft right? In Title 14 CFR Chapter 1 Subpart D Part 61 it states that in order to fly an aircraft in the NAS (National Air Space) you must have a valid Pilots Certification. There is your law that you so ignorantly and biasly want to skip over every time someone mentions it. So you can understand it better see the diagram below.
Drone = Aircraft and To fly an aircraft in NAS you need a Pilots Certificate BY LAW (Title 14 CFR Chapter 1 Subpart D Part 61)
Your bias argument = Flawed.
Conclusion = You are wrong.
So as I said before you do things your way and I will do things mine. Don't come crying to me when you get in trouble for it. I plan on doing things legally so my business can grow.
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