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Clarification of Part 101 vs 107 rules

Kardinal_84

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Jul 6, 2017
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I wanted to double check that I was reading the regulations correctly.

First. I have a Part 107 license. I understand I can choose to fly under either part 101 or 107 ( I understand I can't fly for commercial projects under 101).

There is an area that is Class E airspace to the surface.

All the Part 101 FAQ's and the Airmap and B4UFly app say all that is required is notification of the airports within 5 miles. So I can fly in that area under Part 101 non commercially, correct?

If I want to fly commercially under part 107, I need to apply for an airspace waiver via the FAA automated system, correct?

So in this particular case, it is more restrictive to fly under 107 than 101, correct?

Just as a interesting note (at least it was for me) I applied for the Part 107 licenses in part because in many areas, there are literally a dozen "airports" (Most Class E with 700 ft floor or Class G) that must be notified about anywhere I want to fly as it seems like everyone has a runway in their backyards. Much of the area on the picture along major roadways that don't have the airports are essentially National wildlife refuges or State Parks where you can't fly. I am little surprised airmap doesn't shade it red like they do for the Kenai Fjord National Park below.

 

FatherXmas

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May 31, 2017
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I wanted to double check that I was reading the regulations correctly.

First. I have a Part 107 license. I understand I can choose to fly under either part 101 or 107 ( I understand I can't fly for commercial projects under 101).

There is an area that is Class E airspace to the surface.

All the Part 101 FAQ's and the Airmap and B4UFly app say all that is required is notification of the airports within 5 miles. So I can fly in that area under Part 101 non commercially, correct?

If I want to fly commercially under part 107, I need to apply for an airspace waiver via the FAA automated system, correct?

So in this particular case, it is more restrictive to fly under 107 than 101, correct?

Just as a interesting note (at least it was for me) I applied for the Part 107 licenses in part because in many areas, there are literally a dozen "airports" (Most Class E with 700 ft floor or Class G) that must be notified about anywhere I want to fly as it seems like everyone has a runway in their backyards. Much of the area on the picture along major roadways that don't have the airports are essentially National wildlife refuges or State Parks where you can't fly. I am little surprised airmap doesn't shade it red like they do for the Kenai Fjord National Park below.

The FAA webpage for sUAS doesn't mention Part 101 - if you read Part 101, it's for balloons, kites, para-sails, etc. The FAA FAQ says recreational drones are under Section 336 of P.L. 112-95 and commercial drones fall under Part 107. Also according to the FAA FAQ, 'The decision as to which option to follow is up to the individual operator.' for recreation If you're flying commercially, you have to follow Part 107.
 

Texy

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Jul 9, 2017
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Those little airstrips in Class G don't need to be notified, but you should listen in on their channels.
 

Kardinal_84

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Jul 6, 2017
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Thanks! I probably should have said recreation/Hobby vs Part 107. I was thinking 101 applied in part to statements like this on FAA's site.

Unmanned Aircraft Systems (UAS) Frequently Asked Questions

Does the new Small UAS Rule (part 107) apply to recreational UAS operations?
Part 107 does not apply to UAS flown strictly for fun (hobby or recreational purposes) as long as these unmanned aircraft are flown in accordance with the Special Rule for Model Aircraft (Section 336 of P.L. 112-95). Visit our "Fly for Fun" webpage for safety rules and guidelines that apply to recreational UAS operations. The small UAS rule codifies the provisions of section 336 in part 101 of the FAA's regulations, which will prohibit operating a UAS in manner that endangers the safety of the National Airspace System.
 

Texy

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At this time there are no rules for hobbyists except for Part 101. You should follow safety guidelines just like in Part 107 for all of our sakes. The court struck down 107 for hobbyists and now we are in this situation. The FAA will revise 107 soon, hopefully to loosen up the restrictions and apply the hobbyists to 101, is my opinion, but it is all up in the air.
 

gnuPilot

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Jul 24, 2017
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The language on the FAA website is confusing. Do Spark drone operators need to have a license to legally fly them? Do you really need to register them?
 

FatherXmas

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May 31, 2017
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The language on the FAA website is confusing. Do Spark drone operators need to have a license to legally fly them? Do you really need to register them?
No and no - unless you accept compensation, then yes and yes.
 
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