107 Operators Did You Know

[Jagerbomb52]

A conversation going on at UAV Legal News facebook page if 107 pilots can fly under 101 rules. You would think it would be simple and I guess it is if you can fly under 101 rules (also called 336). You must abide by all 5 of those stipulations (eCFR — Code of Federal Regulations), or you must be flying under 107 rules.

Here is the official [email protected] reply to that question.

"Sir, Here is the clarification between 101 and 107"

"Each flight has to be conducted under one or the other (can’t start out as a 101 and then say midflight that you are now 107). If he is operating under 101, he must meet every part of 101, otherwise the operation defaults to 107."

"Thank you for contacting the FAA's Unmanned Aircraft Systems (UAS) Support Center."

 

[LuvMyTJ]

Yes, part 107 cert holders can also decide to fly as part 101. All you need to do is decide which you will be flying as, for fun, or for work and stick to that. One can't bleed into the other.

 

[Jagerbomb52]

Yes the reason this has come up on that legal news facebook page is because there is a fellow named Gerald that works for the FAA and when asked questions he has no clue and gives wrong answers. Many have gone over his head to get clarification and he has been dead wrong so if you have or do have dealings with this guy I would double check anything he tells you.

"specifically asked Gerald at the FAA UAS if you have a 107 can you fly as a hobbyist and his exact response was no. He stated that the FAA has no way of determining if an incident happens what your intent was while the incident occurred."

 

[Busdriver]

Yes the reason this has come up on that legal news facebook page is because there is a fellow named Gerald that works for the FAA and when asked questions he has no clue and gives wrong answers. Many have gone over his head to get clarification and he has been dead wrong so if you have or do have dealings with this guy I would double check anything he tells you.

"specifically asked Gerald at the FAA UAS if you have a 107 can you fly as a hobbyist and his exact response was no. He stated that the FAA has no way of determining if an incident happens what your intent was while the incident occurred."

Seems we may agree to disagree. In my world, landing on a taxi way is No Bueno. Assuming no one or property were damaged, as a recreational pilot, I might get a talking to or be required to pass a check ride. As a current ATP licensed pilot, I will get my ticket suspended or revoked altogether. Same plane, same circumstances. So, can a 107 pilot choose to operate as a 101 pilot as he/she sees fit? I'd ask my aviation attorney but at the moment she's in court defending a clown who did something stupid with his UAV and was initially cited with a $250 fine. When they found out he was was 107 certified, they jacked the fine to $1,000.

 

[Jagerbomb52]

I have no way of knowing who is write or who is wrong from the FAA but the reason I posted this is to make 107 pilots aware the FAA depending on who you talk to has two sets of rules. Like I said double check the information you get and get it in writing might be a better idea.

 

[Busdriver]

I have no way of knowing who is write or who is wrong from the FAA but the reason I posted this is to make 107 pilots aware the FAA depending on who you talk to has two sets of rules. Like I said double check the information you get and get it in writing might be a better idea.

Good point.

Actually, in my experience, asking 5 FAA employees the same question will get you 6 answers. Here's the method I have used in the past with them - It makes my fellow hanger rate shut up every time (he really works for the FAA). I ask them, "Show me the code?" (ala Jerry McGuire style). 1 of 3 things will happen as a result; 1) They will give you chapter and verse from the appropriate FAR 2) They will give you an interpretation from the appropriate FAR or 3) They will shut up and go away.

I really like to context of this thread. As long as it doesn't morph left and right and keeps on a regulatory-based topic. Thanks

 

[arto.inetco]

Im 107 Cert and fly for work, but on weekends I fly recreationally under 101. I still follow airspace rules and notify towers and such. Our Department has Divisions that fly under Letters of Authorization (LOA's) with 107 cert pilots. The LOA's which where negotiated last year are identical to the new LAANC maps, which are a great guide on what the FAA is looking at implementing, bringing 107 and 101 under one roof......ArcGIS Web Application

Also, the airmap app (Home - AirMap) is providing LAANC authorizations in some areas on a trial basis for 107 holders...and I like how their app shows the difference between 101 and 107 rules at a specific location, just toggle between the rules to see the difference..it provides the phone numbers right in the app.

 

[Jagerbomb52]

I like airmap, it was updated to show the Canadian rules and the right mileage from airports unlike other apps but there are many that feel airmap is not working for the average drone operator.

BONUS EPISODE: Should drone pilots be supporting Airmap? - Drone U™

 

[arto.inetco]

have you tried the airmap alternatives? I have not, but will do so when I get the chance. thx

 

[Jagerbomb52]

Not may alternatives that work here in Canada. If you go by what transport Canada has on their web page you are lucky to fly anywhere south of the north pole LOL

 

[Tommy Molnar]

Actually, in my experience, asking 5 FAA employees the same question will get you 6 answers.

Gee, this is exactly the same experience I've had talking to the IRS. Must be a government thing.

 

[Busdriver]

I ran into my hanger rate buddy who works for the FAA and asked him what's up with that? He gave me 2 answers. He's useless.

 

[arto.inetco]

I have a commercial drivers license (big rig), but when I drive my car, I'm driving under my private drivers license...I would think the same logic would apply to uas....but the moral is, tell it to the judge....don't do something stupid to begin with....its funny that there exists the situation where I can call ATC recreationally and announce I'm flying, but have to apply for a waiver online and wait for weeks under 107.....Laanc will hopefully clear this up...has anyone out there tried the laanc and real time authorization, where its available?