Part 107 operate as hobbyist?

[BigAl07]

Wow! I don't really get that at all. If that's the case then one could fly at night with a 107 and not have a waiver. And just say I'm a hobbyist that night? How does that work msinger?

Huh? I don't think you have a firm grasp of Part 107 and how "waivers" work. With any aspect of Aviation you don't mix & match rules, regulations, waivers to fit your needs. If flying Part 107 you don't fly at night unless you have a valid 107.29 in your name.

You could fly at night as a hobbyist but if the "intent" of the flight is to take pic/video to for commercial purposes then the flight is NOT a hobby flight.

 

[BigAl07]

Gotcha. I need to go ahead and get the 107 done but I'm wanting to fly some night stuff this summer and it's a good drive for me too. But the night waiver takes almost 3 months. So I may wait til late summer to do it.

You're required to "allow for" 90 days for waivers but one I just helped a fellow UAS operator apply for got hers in 27 days. Because they say to ALLOW for 3 months does not mean it's currently taking 3 months. Mine took 32 days.

 

[KevMo Photog]

You're required to "allow for" 90 days for waivers but one I just helped a fellow UAS operator apply for got hers in 27 days. Because they say to ALLOW for 3 months does not mean it's currently taking 3 months. Mine took 32 days.

Thx so much for that info BigAl107! That is good to know. How long does the waiver last for? And is it good for specific location only?

 

[BigAl07]

Thx so much for that info BigAl107! That is good to know. How long does the waiver last for? And is it good for specific location only?

I only applied for Class G Airspace because that's where I operate 95% of the time. I'm not sure if they are allowing 107.29 in other airspace or not.

Mine is dated for (2) years.

 

[Rob Levine]

You're required to "allow for" 90 days for waivers but one I just helped a fellow UAS operator apply for got hers in 27 days. Because they say to ALLOW for 3 months does not mean it's currently taking 3 months. Mine took 32 days.

Any chance you'd post your application for a waiver?

 

[BigAl07]

Any chance you'd post your application for a waiver?

I think this will help serve as a guide more than my actual waiver would:

 

[T963]

Soon we will need to have a log like the truckers do.

 

[Richard R]

I keep a log already, just like I do when flying a 'real' aircraft. good to have for my own purposes and the goto document if the FAA should ever come calling.

 

[SteelFlyer]

I keep a log already, just like I do when flying a 'real' aircraft. good to have for my own purposes and the goto document if the FAA should ever come calling.

I do this as well and in my pre-flight checklist I document whether or not the flight is for hobby or commercial purposes.

I would recommend that anyone with a Part 107 certificate keep a log. I can easily see the day where there will be more endorsements you can get for things like night flying or beyond VLOS and they could come with minimum flight hours requirements. Without a log, it would be hard to prove your experience.

 

[GadgetGuy]

That's not what we're recommending here though. You would not be able to sell that footage.

Not true. If you shot the flight recreationally, then you did not have a business intent for that flight. Recreational footage may legally later be sold, as long as that was not your intent at the time of the flight, whether you have a 107 or not.

 

[Rob Levine]

Not true. If you shot the flight recreationally, then you did not have a business intent for that flight. Recreational footage may legally later be sold, as long as that was not your intent at the time of the flight, whether you have a 107 or not.

What is your source for that? That's not my understanding.

 

[GadgetGuy]

That's a great question. I have no idea how the FAA manages to keep track of things like this.

If the flight was shot at night, and there is no 107 waiver for the flight, it would be a hobbyist flight, and hobbyists can sell their footage, as long as that was not their intent at the time of the flight. Shooting for recreation does not prevent you from selling your images later.

 

[GadgetGuy]

What is your source for that? That's not my understanding.

FAA. That has always been the case. It is the intent of the pilot at the time of the flight that controls. No business or commercial intent, then no 333 or 107 necessary, and hobbyists may later sell their images and videos, as long as that was not their intent when they were shot. Very few commercial drone pilots shoot on spec. They contract for services prior to the flight. Fairly easy distinction.

 

[FLYBOYJ]

"Flight Standards Information Management System (FSIMS) is a Flight Standards directive, which aviation safety inspectors use as the system of record for all Flight Standards policy and guidance."

Aside from the FARs I use this when I deal with FAA inspectors and we are at a disagreement. It's long boring reading but can be helpful in understanding FAA policy and procedures. See volume 16.

http://fsims.faa.gov/PICResults.aspx?mode=EBookContents&restricttocategory=all~menu

 

[AmbitDrone]

I thought if you registered your drone for commercial usage, you are required to only fly commercially. Is that not true? I can't remember where I read it, but I am pretty sure I may have.

 

[Crack The Sky]

Soon we will need to have a log like the truckers do.

Just like real pilots have needed, since shortly after Orville & Wilbur.

 

[sar104]

I thought if you registered your drone for commercial usage, you are required to only fly commercially. Is that not true? I can't remember where I read it, but I am pretty sure I may have.

You may well have read it - it's been frequently asserted. It's not correct though - nowhere in Part 107 does it say that you may only fly under Part 107. If you are Part 107 certified then you can still fly under Part 101 if you choose to.

 

[Crack The Sky]

I thought if you registered your drone for commercial usage, you are required to only fly commercially. Is that not true? I can't remember where I read it, but I am pretty sure I may have.

sar104 is correct. Registering the sUAS commercially allows you to use it commercially. You may also use it for Part 101.

 

[GadgetGuy]

sar104 is correct. Registering the sUAS commercially allows you to use it commercially. You may also use it for Part 101.

Indeed. You have to make the election before takeoff, and then must fly under the appropriate rules for that election. You cannot change the flight purpose while already in flight. You would have to land, and then relaunch.

 

[Richard R]

Indeed. You have to make the election before takeoff, and then must fly under the appropriate rules for that election. You cannot change the flight purpose while already in flight. You would have to land, and then relaunch.

As I commented in another thread on the same general topic, I actually posted this question to the FAA via their webpage and the answer tha came back from their sUAS Integration office confirmed exactly what Sar104 and Gadgetguy have said - Part 107 pilots and aircraft can fly under hobby rules if that decision is made prior to take off and all 101/336 rules are followed for the duration of the flight.