Night flight

APR

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Phantom 3 Standard. Just registered my drone, dont get home till late why no flying at night?? As long as it's low, in sight it should be ok??

Sent from my LGMS550 using PhantomPilots mobile app
 
Regardless of the FAA's rules, if you're a new pilot you probably shouldn't be learning to fly in the dark anyway. It's a good way to fly into a power line, tree or other other obstacle you can't see, even if you think you know the area well.
 
Welcome to the forum APR .
I hope you will find our site helpful and look forward to any input , photo's/video's you might post .
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This bunch here are the smartest you will find anywhere :)
 
Actually, you can indeed fly at night. Let's examine why (along with other rules) from a US legal perspective:

When you fly, you and your flight fall under one of two sets of FAA regulations: Part 101 (recreational flight) or Part 107 (non-recreational & commercial flight). There are some exceptions to this rule, but if you are just getting started, it's virtually certain you fall under one of these. It also stands to reason that you are flying for recreation, and thus are under Part 101. It says:

§101.41 Applicability.
This subpart prescribes rules governing the operation of a model aircraft (or an aircraft being developed as a model aircraft) that meets all of the following conditions as set forth in section 336 of Public Law 112-95:

(a) The aircraft is flown strictly for hobby or recreational use;

(b) The aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization;

(c) The aircraft is limited to not more than 55 pounds unless otherwise certified through a design, construction, inspection, flight test, and operational safety program administered by a community-based organization;

(d) The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; and

(e) When flown within 5 miles of an airport, the operator of the aircraft provides the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice of the operation.

This is the main body of the rules. The only rules given here are that you cannot interfere with manned aircraft and that you must notify the airport and tower when flying within 5 miles. However, that's not the end of the story. First, the law that this section stems from is the "FAA Modernization and Reform Act of 2012", which defines a "model aircraft" as:

"an unmanned aircraft that is--
(1) capable of sustained flight in the atmosphere;
(2) flown within visual line of sight of the person operating the aircraft; and
(3) flown for hobby or recreational purposes.
So, here's another rule - flight within visual line of sight - which the FAA interprets to mean that you can see the aircraft - without aids beyond glasses/contacts. Seen all those videos posted here and elsewhere that show folks in the US flying beyond line of sight, a half-mile or more away? That operation is illegal, no matter how much they protest.


Now, let's look at section (b): "The aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization"

This means that you have to follow the safety rules of such an organization (which you need not be a member of). The way it is defined, that pretty much means one organization - the Academy of Model Aeronautics - the AMA. Their safety rules are found at:

http://www.modelaircraft.org/files/105.pdf

Those safety rules state (in part):

Model aircraft pilots will:

(c) Not fly higher than approximately 400 feet above ground level within three (3) miles of an airport without notifying the airport operator.

1. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or structures and shall avoid endangerment of life and property of others.

8. RC night flying requires a lighting system providing the pilot with a clear view of the model’s attitude and orientation at all times. Hand-held illumination
systems are inadequate for night flying operations.

9. The pilot of an RC model aircraft shall:
(a) Maintain control during the entire flight, maintaining visual contact without enhancement other than by corrective lenses prescribed for the pilot.
(b) Fly using the assistance of a camera or First-Person View (FPV) only in accordance with the procedures outlined in AMA Document #550.
(c) Fly using the assistance of autopilot or stabilization system only in accordance with the procedures outlined in AMA Document #560.
I chose these to highlight since they are the most violated/least understood by the drone community. Let's examine them:

400 feet: There is a hard limit (generally) of 400 feet for Part 107 (non-recreational) flights. Here, for recreational flight, it's 400' within 3 miles without notifying the airport operator of higher flight.

Night flying: Permitted, but requires the stated lighting system. Part 107 flight are prohibited at night without a waiver.

Line of sight - here's an interesting one. First, it starts out like the FAA - maintain visual contact without binoculars, etc. But then, it discusses First Person View, and mentions (in the referenced document) that a spotter can be used to maintain visual contact. This is contrary to the law, which (again) states: "flown within visual line of sight of the person operating the aircraft". Legally speaking, anyone operating the aircraft without actually looking at the aircraft is no longer flying a "model aircraft", and therefore has no authorization to fly at all. I think the AMA missed that part.

Now, you can fly the aircraft and someone ELSE can view the camera through goggles, etc.. But the person with hands on the sticks must maintain visual contact.

Part 107 changes that up... You still must have someone maintaining visual contact, but that can be one or more spotters, who have to "maintain communication" with the operator.


So, as you can see, it's a little tough to follow sometimes, but hopefully this gives you a good understanding for what you can and cannot do.

One final point that I feel compelled to state: I am not a lawyer, and this is not legal advice.

 

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