Hi all. Greetings to all you tech nerds that enjoy using your inalienable rights to life, liberty, and the pursuit of happiness along with some really cool tech. There are constant legal and rules changes in all tech areas that intersect with those rights, so check with legal sources you trust. But, this thread is about drones, which I've been doing research on for myself. I was into drones years ago and dropped it because of FAA (Federal Aviation Administration, USA) (other countries have different rules) rules and the possibility of lithium battery fires (you can YouTube that). Well, the FAA rules are now FAR worse and more invasive.
I'm talking about all RC (remote controlled) aircraft, including but not limited to: RC airplanes, RC sailplanes, quadcopters, tricopters, bicopters, hexacopters, octocopters, helicopters, blimps, balloons, etc. etc. If it's RC and FLIES in the AIR OUTSIDE in the USA, this thread is about it. PERIOD. Other names for drones include UAV (unmanned aerial vehicle) and UAS (unmanned aerial system). And, as the title says, FAA rules are about to bite you if you fly a drone. Some laws even vary by locality. If you own or anyone in your family owns ANY RC aircraft, you need to know this, even the little $ 20 toy that you got for your 8 year old or yourself at Walmart. Yes, the FAA regulates those too.
The topic of the FAA rules is extremely controversial and divisive. It evokes strong emotions. IE, why is the FAA regulating my stinkin' $ 20 (or $ 100 or $ 500) toy? I get it, and I feel that way too. But, this thread is to discuss what the rules are and what the technology is. So, please avoid the political cat fight. I will say this as to the FAA's motives. Their job is to promote a SAFE national airspace system. Not cheap. Not necessarily fun. SAFE! Aside from that, there are huge vested interests like Amazon, Ebay, Fedex, UPS, and others that want to commercialize drones far more than we are now. To do that, we must INTEGRATE all these potentially thousands of drones into the air space system while keeping everybody safe. Also, the FAA reports about 100 drone INCURSIONS per month into restricted airspace endangering manned aircraft. So, stupid people doing stupid things are messing up the hobby for all. So, we get lots of rules and requirements.
Right now, requirements are in effect that you may not know about. And, if you do something wrong with your drone if something goes wrong, you probably don't want to cross a three letter agency. Fines and penalties, should they prosecute you, could be tens of thousands of dollars. Even if you do everything right and legal, things can go wrong. A battery can fail, a wire, a motor, a controller, etc. You can screw up and hit a tree, a fence, a car, a person. The wind aloft can overpower a small drone and carry it away. You can get disoriented and direct the drone the wrong way. If you've followed the rules to the best of your ability, it can make it easier on you if something happens. It is beyond the scope of this post but you may wish to consider drone pilot's insurance by way of AMA (Academy of Model Aeronautics) or another organization, etc.
The following is my understanding based on my research. I'm not a subject expert nor a lawyer. You have to do your homework. I like using YouTube videos as a resource. Just make sure the source is credible.
Here are a bunch of FAA links:
The rules your drone and your flight fall under depend on your INTENT for the flight, which can change. Yes, I know, legal can of worms. They also depend on the WEIGHT of the drone at takeoff. There is RECREATIONAL flight, and everything else.
If your flight is SOLELY, exclusively, only, strictly, and purely recreational, IE for fun, you fall under rules section 44809, which are a LITTLE more relaxed. Why all the adverbs? Because if the intent of the flight contains ANYTHING that's not purely recreational, ANYTHING that includes ANY compensation or gain, ANYTHING that includes any motive other than fun (like helping a charity, selling a house, getting YouTube views [maybe if your channel is monetized]), ANYTHING, you fall under different more restrictive rules of part 107. Part 107 includes things like having a $ 173 LICENSE (or $ 323 with training course) to pilot the drone (including commercially), drone registration, and remote ID beacons. So, let's say you take your son or daughter's $ 20 drone up to get photos of your church to help a bake sale. BOOM, part 107 is in play, not 44809. If you're not compliant, will they catch you? Maybe they will if you post it on social media. Will they prosecute you? Who knows? Will they fine you? Who knows? But, what if it cost you $ 10,000 to get $ 500 for the church? OUCH! They are SERIOUS about this stuff! Don't shoot the messenger. I'm just reporting what I've found out. For what it's worth, I've heard they favor education over enforcement.
Here's a cool video about recreational flying from what appears to be a credible source.
What are the rules to fly your drone in 2023?
So, here are the 9 more RELAXED requirements for solely recreational flyers, based on this video. You MUST follow ALL 9 things to qualify as a recreational flyer under part 44809.
1) You MUST be flying the drone strictly for recreational purposes, as discussed.
2) You MUST follow safety guidelines of a CBO (community based organization) (more rules). You must declare which CBO you're following.
What does this mean for Recreational Flyers? - FAA Community Based Organizations
Good, Bad, and Ugly — What CBO Should You Use?
3) You MUST maintain VLOS, visual line of site, with the drone. If you are flying FPV (first person view, with goggles on), you MUST have an observer WITH YOU that maintains VLOS. Also, there are OTHER special rules for flying over people or flying at night. Don't do that without researching it.
4) You MUST NOT interfere with manned aircraft. Note, colliding is not the only form of interfering.
5) You MUST get permission to fly in controlled airspace. That means you MUST KNOW if you're in controlled airspace. Controlled airspace USUALLY means an airport is nearby. See FAA getting started page, FAA Drone Zone page, LAANC system, Aloft app, B4UFLY app, etc.
6) You MUST NOT fly above 400 feet above the ground. Note that helicopters, balloons, blimps, and other drones can be in the same airspace as you. WARNING, 400 feet is just a bit more than a football field in length. If you just "punch" the throttle and see how high your drone can go and you can still see it, you're almost certainly violating this limit. The drone doesn't care. YOU have to care. The FAA DOES CARE! Also, there are usually much stronger winds up high that can easily carry your drone away.
7) You MUST take the TRUST safety exam, at an APPROVED website, AND carry proof of passing it.
8) You MUST REGISTER your drone ONLY at this site (
https://faadronezone-access.faa.gov/#/ ,
https://faadronezone-access.faa.gov/#/register , $ 5 for three years then renew) and put the serial number on it AND carry proof of registration IF it's >= 250 grams or .55 lbs and < 55 lbs at takeoff. If you've got a 55 lb drone, you have lots more money than me. If the drone is < 250 grams or .55 lbs at takeoff, it does not need to be registered IF it's solely used for recreational purposes (as I understand it). Note that if you have a mini drone under 250 grams or .55 lbs, and you add just about anything to it, you may push it over the weight limit.
9) You MUST NOT fly the drone in a dangerous manner. Avoid ALL incidents involving emergency responders, amusement parks, sports events, political events, concerts, temporary flight restrictions (IE the President is in town), military facilities, etc. Observe the previously mentioned CBO rules. Don't fly under the influence of drugs or alcohol. Don't fly over people. Don't fly at night. Etc.
So, after all this, my response is DANG, I'm glad I ONLY have to comply with all these (not) EASY rules to fly my TOY!!!
But wait, there's more!
10) All drones that have to be registered, IE anything over 250 grams or .55 lbs AND anything used for part 107 non recreational usage, MUST have a remote ID beacon starting in mid September 2023. Most drones manufactured for sale in the USA nowadays will have them built in. This will increase the complexity and cost of your drone and eliminate privacy. It will broadcast your remote ID serial number (not same as registration number) and LOCATION of the PILOT and the DRONE (I think). If you have or buy a drone < 250 grams or build one without a beacon, you CANNOT use it for part 107 flight. If you have a drone you want to add a beacon module to, you can currently do that for about $ 300. Future prices may come down and rules could change.
Remote ID – Is Your Drone Compliant?
Well, that's it. That's all you have to do to legally fly that $ 20 or $ 100 or $ 500 drone you just handed your 8 year old, or yourself. You might want to give this a think before you start. Don't shoot the messenger. I'm just letting you know what's up. This turned out to be long and complicated. Sorry. But, hope it's helpful. I'm going to have to think a good bit about whether I want to buy a new drone, or whether I'll just fly inside.
May your bits be stable and your interfaces be fast.
Ron