Own A Drone? You May Need An FAA Drone Pilot Certificate

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After looking at the new rules and requirements for drone operators, something tells me there are going to be a lot of "illegal" drone operators out there. :(

The new rules do require a commercial operator to get a Remote Pilot Certificate with a Small Unmanned Aircraft Rating — licensed, current pilots have to pass a simple online test; non-pilots have to pass an aeronautical knowledge test which includes the ability to read aeronautical charts, understand and decipher aviation weather reports, in addition to learning the new operational drone rules. It costs approximately $150 to take the test. After taking the test, would-be drone pilots need to be vetted by TSA to determine whether they are a security risk. Only after that vetting is done will the FAA issue an applicant a certificate to fly a drone.
 
This article is nothing but FUD. The proposed rule has a statement in it that clarifies that hobbyists will not be required to get a license.

188.  Any disparities in operation between pilots of small UAS who are hobbyists and those who are using small UAS for commercial purposes are beyond the control of the FAA—the “carve-out” for hobbyists was not instituted with FAA authority. As stated in the rule, section 336 of Public Law 112-95 specifically prohibits the FAA from promulgating rules regarding model aircraft that meet all of the following statutory criteria:

  • The aircraft is flown strictly for hobby or recreational use;
  • The aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization;
  • 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;
  • The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; and
  • 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.
Therefore, the FAA can only promulgate rules regarding commercial uses of small UAS that are outside the scope of section 336, such as commercial uses.

That being said as a pilot I am rather happy that there are now some actual regulations to point at.
 
kju1, the entire point of the article is that what the FAA is saying is that if you do not meet this stipulation "The aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization;" that you will be subject to Section 107, that you will be required to have the license, and if you don't have the license you could be subject to the fine.

What these laws don't do is specify exactly how this part of Section 336 is to be determined. On the one hand they don't Currently have a list of organizations that qualify, instead they have a set of guidelines for determining if an organization qualifies and say that they will make that determination at the time if this issue comes up. Now I am not a flier myself but from what I have read, the AMA is the most notable such organization around but I do read this and wonder exactly what determines if;

1. The aircraft is operated in accordance with a community-based set of safety guidelines...
and...
2. within the programming of a nationwide community-based organization.

Now the first part is fairly clear, you don't have to be an actual member of the AMA as long as you are observing their safety and operation guidelines. But the second part, what exactly does it mean to be "within the programming of ......" Does that mean that the AMA has some training program or knowledge base program that members must learn or conform to in some way, and that a hobbyist must be able to show that he follows along and meets their requirements for their membership, or do they need to actually be a member of the AMA or another suitable organization? It sounds to me like the safe road is to become an AMA member and actually follow their safety and operating guidelines.

On the other hand. If I was a young person that needed a new career, drone pilot looks like a new and wide open field. Get your license and get a job.
 
CacaSapo said:
The key here is "$150 to take the test."
Easy money.
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Exactly. The part where the TSA vets you is also funny. Anyone who is up to no good is not going to bother and since you can get a drone anywhere, what are they expecting to find? Someone stupid enough to be on a watchlist and apply for a cert is not smart enough to pull off an attack.
 
Spidey329 said:
Exactly. The part where the TSA vets you is also funny. Anyone who is up to no good is not going to bother and since you can get a drone anywhere, what are they expecting to find? Someone stupid enough to be on a watchlist and apply for a cert is not smart enough to pull off an attack.
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100% true and accurate, which is why people get so damn mad about gun grabbing. It is just a way for them to make MORE money off of us and make it harder to do the things we like. This hurts poor people the most, unfortunately minority's mostly.
 
Mugato said:
100% true and accurate, which is why people get so damn mad about gun grabbing. It is just a way for them to make MORE money off of us and make it harder to do the things we like. This hurts poor people the most, unfortunately minority's mostly.
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The fees go to a 3rd party for taking the test. Either CATS or LaserGrade.
 
Unless I read incorrectly it appears that by just having a FPV setup on your UAS will bump you into the commercial classification in which case you would need to be licensed or have a waiver. They have a waiver system in place to allow commercial entities to avoid the licensing process for commercial purposes. Additionally it states that you are not allowed to fly over those not participating in the operation of the UAS or are not under a safety structure or vehicle. So if I am flying in a park and some people run across the park and are under my flight path could I then be fined? I am sure it is at the discretion of the officer who would be writing the ticket.

I'm concerned that safety and privacy is not the utmost priority here as opposed to carving out airspace for commercial use and ensuring its not crowded with civilian traffic.
 
Spidey329 said:
Exactly. The part where the TSA vets you is also funny. Anyone who is up to no good is not going to bother and since you can get a drone anywhere, what are they expecting to find? Someone stupid enough to be on a watchlist and apply for a cert is not smart enough to pull off an attack.
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Actually, you are wrong. They can be stupid enough. Ask around.

Besides, you are only looking at it in one direction, a bad guy that gets a license and a drone.

But what about a case where a guy with a drone, gets a license, and then decides to do something bad.
 
So I have one of these. Since I fly it FPV, I need a Drone pilot's license ? :) crazy ...

TinyWhoop_s.jpg
 
"The new rules do require a commercial operator to get a Remote Pilot Certificate with a Small Unmanned Aircraft Rating" COMMERCIAL. Are you using your dinky spycam quadcopter for business purposes? No? Then this doesn't apply to you.
 
Good luck enforcing this new law. I am not paying " letting you rape me" you $150. Now if I decide to run a commercial business and make this a drone pilot business license then I would comply.
 
[21CW]killerofall said:
Drone: a remote-controlled pilotless aircraft or missile.

They ARE drones.
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Well, if you want to speak to legalities, you might want to start using the term UAS for Unmanned Aircraft System. I mean, if that's what the FAA has decided to call them then you can hardly be wrong.
 
People will put more energy into fighting what word is used to describe something than fighting against the proposals to limit your legal usage of said item.
 
Why not just require anyone who doesn't own a drone to carry a gun at all times? Seems like the most American way to solve this problem.
 
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