9 usc, the code us code 44809 there’s nine things that you have to do and i’m going to highlight those nine things in this video, so let’s get started. Music. All right, we’ve been getting a lot of questions about how and what you need to do to fly. Your drone and these questions came after the fa, released trust very recently and we’ll talk about what trust does, because it’s actually one of these nine items, but before we dig in and before we talk about these nine items, i want to talk about the difference between Flying for recreational purposes and then not flying for recreational purposes and actually i’m going to flip this over on its head, because because here’s, how it works. Okay, the faa created this regulation for everyone to follow. If they’re going to fly their drone in the united states and that regulation is called part 107 and you can say well greg isn’t part 107 for commercial flying, well, kind of kind of and that’s, where the confusion comes in, think about as part 107 is the Umbrella it’s, the overall regulation that everyone has to follow in the united states if they want to fly their drone, but but the faa decided to carve out a little section of it called 44809 usc 44809, which is an exemption it’s. An exemption from part 107 for people who want to fly their drone for fun. The fa basically said well actually, if they didn’t say that, but uh congress basically said well uh.
If somebody’s going to fly their drone for fun, they don’t need to follow a part. 107, they need to follow a different set of regulation, which is a little bit simpler. Okay. So when we talk about part 107 and when we talk about 44 809, the the exemption for recreational flying there are two different sets of regulation. There’S, two different things that you need to follow so i’m, going to talk about today, 44 809, i’m. Going to tell you how and what things you have to do to qualify for the exemption and if you don’t qualify for all nine of these things. Guess where you belong. You belong in part 107, and this is very important. This is something that’s very tricky, because if you decide not to follow one of these nine things, the faa could technically come back and say: well, you don’t qualify for the exemption. You don’t qualify for all the things in 4409. Therefore, you now must follow the rules of part 107 and i’m going to say where’s your par 107 certificate and you’re going to say. Well, i don’t have one i’m flying for fun. Well, not according to this because you’re not following all this regulation. So i want to make this clear. I want to really highlight the difference between part 107 and recreational flying, because there’s there’s, a clear line between the two and some people have asked me. Where do these nine things come from a little bit of history? These nine things that that are in 44 809, they came from congress congress mandated that the faa puts these rules in place after the reauthorization act of 2018.
. So after that happened, the fa was basically mandated. They were given a list of things to do a honeydew and then they’ve been checking off these items, one after the other and out of these nine items there were two of them that were left until recently. One of them was trust. Trust was actually released and now is available. This is a test that you’re going to have to take, and then the last one was and still is as i’m recording. This is the cbo, the community based organization so i’m going to talk about cbo’s in a second. I want to give you a little bit of history and really make sure that we delineate the difference between part 107 and recreational flying. So let’s dig in let’s talk about these nine rules that you have to follow. If you want to qualify for the exemption, if you want to qualify for not having a part 1 center certificate and the first one is very well it’s, very straightforward on paper, but really in real life, it’s, not straightforward, and that rule is, you must be flying. You drone strictly for recreational purposes and it’s been the subject of many debates: lots of wrong information out there flying for recreational purposes, it’s all about the intent of the flight. You grab your drone. Okay, i have drawn right here. I grab my drone and i say: i’m, just going to go out and i’m going to fly for fun i’m going to enjoy flying my drone around that’s, the purpose of the flight that’s, the intent of the flights you fly for recreational purposes.
Well, guess what that qualifies for this first bullet point: what doesn’t qualify is if you say your friend comes over and say hey, you know. I just started this business and i really need somebody to do drone footage, so i can put them on my website. Can you do that and you’re going to say? Well? No, because i don’t have my part 107, because that is an activity that requires part 107. Why? Because the intent of the flight is no longer to fly for recreational purposes. The intent of the flight now is to get out the door and capture footage for somebody else. Are you getting paid it doesn’t matter? Are you doing this for your church? Are you doing this for a not for profit organization? Out of your goodwill, it doesn’t matter because the intent of the flight is to capture footage it’s not to go and fly for recreational purposes. So there’s been a lot of discussion about youtube channels. People saying well i’m going to put my footage on on youtube. Uh. Do i need a part 107, and the answer is in most cases: no, you don’t, because you may still be flying. You may still be recording footage. Recording footage in itself does not require part 107. Okay, the intent of the flight. The reason why you record the footage really is now a lot of people are also going to argue and say: well, how do you prove intent and you’re right? You can’t – and this is something that’s going to be very difficult, but if you decide to go fly for recreational purposes, you have a youtube channel, that’s, monetized, guess what monetize and all of a sudden you’re not really doing this for fun.
You’Re doing this to put on your channel that’s, making you money now we drew a line. Now we are flying under part 107.. So make sure you understand this. Quite frankly, part 107 i’ve been arguing this for years and years, not a bad thing to get. If you are interested in flying your drone for more than just flying for fun, it’s an exam it’s, a 60 question exam it’s. If you study properly, then it’s something that you can pass, the investment is rather minimal. It’S 173 dollars for the test as i’m. Recording this and then, if you use a course, uh it’s about 150. This is the course that we provide 150. So all in all you’ve got a three hundred dollar investment, and then you can fly under part 107 and forget about everything that i’m talking about right. Now, okay, but number one let’s go to bullet number two right now, which is the one that the fa hasn’t put in place yet, but they have a way to comply with it, which is you must follow community based organization guidelines. Now i said that the fa still has one task item that they need to complete and that’s the one right here. They haven’t sat down with the community based organization or with the error, modeling organizations that exist at the moment and uh, and they need to do that so that’s next on their list and when that happens then we’ll have a set.
We’Ll have a list of acceptable community based organizations that you can follow in order to uh to get a set of guidelines now i’ve had several people asking questions and said: do i need to join a cbo and pay the fee? The monthly fee of the yearly fee – and the answer is no, you just say you declare that you’re using their guidelines. They should be available on their website for free and, if they’re not available on their website for free, look somewhere else, because somebody else is going to have those guidelines. We actually recommend that you look at the flight test community association, the ftca. These guys are great they’ve, been doing this for a long time, and not only that but they’re a ton of fun because they, if you’ve ever seen, flight tests, which is the company flight test community association, is their not for profit. That is helping people uh build up and and and get into the hobby. So these guys they they create all these awesome, uh fixed wing aircraft that they fly around uh that they chase each other uh. If you haven’t watched them go and have i’m sure you have, if you’re on this channel i’m sure you’ve seen flight tests, but anyway flight test, community association has a set of guidelines that you can use and um, and you can follow that and and they’re working. Obviously, on becoming a cbo when the faa is going to approve the cbo, so if you don’t want to pick a cbo, the fa also said that you can use the guidelines at the moment at the moment.
Until the there are cbo’s that are selected, you can use the guidelines in the advisory circular 9147. Bravo, and there is a set of guidelines in there that you can use. So if the fa pulls you over or comes and have a chat with you and they say well, what kind of guidelines are you using and you can say, flight test, community association or you can say, i’m using the advisory circular 9147. Bravo – and this right here bullet number two is one of the most ignored, maybe or or unknown rule in 44, 809. So make sure that you have a backup plan make sure you can say hey. This is this is who i’m following this is? Who i’m using bullet number three pretty straightforward, maintain visual line of sight? There’S? Not much more that i can say about this. You have to keep the drone within line of sight, which means that you can go miles and miles away where you can’t see the drone. You have to maintain visual line of sight because the fa wants you to be able to look around and make sure that there’s no other traffic that’s dangerous. Now, if you rely only at looking on your screen, then this angle of view on the screen is not wide enough to see everything around you so that’s, not good enough. You need to make sure that you have line of sight and that you can see what’s going on.
In addition, if you’re flying fpv first person view, you also need to have a visual observer with you to act as your eyes in the sky. If you want the fa said that if you’re, basically removing your goggles, you know if you’re flying fpv and you remove your goggles, you should have the ability to basically see the drone out there. So that’s bullet number two right here now. Do you have to stare at the aircraft the entire time? No, you don’t! You can take you off your eyes off of the aircraft to look at your screen, maybe to look for traffic. You look for people that are on the ground to talk to your crew. Whatever it is, but at all time, if you look up, you should be able to see it. That’S that’s the way uh to uh to qualify for visual line of sight bullet number. Four bullet number four is, do not interfere, and this is do not interfere with men aircraft. You have to make sure that you stay out of the way of man. Aircraft drones are basically at the bottom of the totem pole in terms of priority balloons. Helicopters airplanes. You name it. Everything else has more priority than we do so. If you see a helicopter approaching at low altitude, you have to give them way you have to get out of the way, so don’t interfere with their operation now. I’M. Going to add something to this as well interfering doesn’t mean that you need to be on the collision path with the aircraft.
It doesn’t mean you need to be right next to it to interfere. Okay, if you get and fly really close to an airport and you land on the runway and there’s airplanes that are in the pattern and uh and it’s reported that there’s a drone on the runway. Well that’s interfering with man aircraft, even though you were not right. Next to them, you’re interfering with the operation so stay out of airports if possible. Unless you have a really good reason to be there um and and be careful with this okay, the next one is get authorization to fly in the airspace and there’s two types of airspace, we’ve got controlled airspace and we have uncontrolled airspace. Controlled airspace is near airports. Think about it this way. Okay, uncontrolled airspace, is pretty much everything else. So if you’re near an airport, chances are there’s going to be an area where you need to get approval and the way that you know that is you’re going to look at lance lence is a program that the fa put in place. There’S, a bunch of grids when you look at lance and these grids they’re going to tell you how high you can fly once you get approval. For example, i was flying this morning. We were in the grid that was 400 feet, so we could fly up to 400 feet after we requested authorization. How did i request authorization? I went right in there and i went into my aloft app and i put in my request and within several seconds i get a text message that said: you’re good to fly up to 400 feet, it’s, not difficult it’s.
You can find all the information right there and then and then you can get your approval now. This is not the video for it, but actually we we released a free course a couple days ago on recreational flying made easy that’s, the name of the course in there. I talk a lot more about how you’re going to get in it’s a free course. If you want to enroll i’m going to put a link down here, and if you want to get more information on this, if you don’t know how to do it, go check it out. It’S uh it’s just a great resource because again we’re getting so many questions that we decided to do something about it. I want to mention that you should never call air traffic control to get approval. You should never give them a phone call that’s, not what they’re here, for there is a process in place using lens. Some airports are not part of lance, in which case you need to go to the drone zone. Again in the course, i show you how to submit lance request and how to submit drones on request just to give you an idea of how this works. The next one bullet number six we’re already at number. Six number six do not fly higher than 400 feet in uncontrolled airspace as a matter of fact, never anywhere even in controller space, never fly above 400 feet 400 feet above the ground in control in uncontrolled airspace.
We call it class golf in uncontrolled airspace. It’S pretty much everywhere in the country that doesn’t have an airport nearby is going to be class. Golf is going to be uncontrolled airspace, so you don’t need approval. You can just get up. You can go up to 400 feet, don’t exceed 400 feet and yeah that’s that’s. Really it right here. The 400 feet limit is kind of important. Now you may say why 400 feet can i go to 1500 feet above the ground? No, you can’t because well, because there is other people flying in that airspace. Most manned aircraft except helicopters fly no no lower than 500 feet above the ground. So 400 feet is a good limit. There’S, a 100 foot buffer that’s the reason the fa did it the way that they did and uh, and that way you know we can all share the air space. The next bullet point is number seven and number. Seven is something that just came out it’s the trust exam trust is the recreational uas safety test, and this is and – and i wish we would call it safety training because that’s really what it is. It’S training to help. You understand all these rules. Everything i’m talking about here is going to be covered on the trust, exam there’s, a quick exam at the end, it’s 23 questions when you’re done you get a certificate. That little certificate is the proof that you meet. This requirement right here.
Bullet number: seven, you print it, you save it as a pdf, you put it in your fly bag. You put it on the lanyard. I don’t really care what you do with it, but make sure you have it available. We are in well. I need to add this. The best part is this is free. The trust training is free, the it takes about 15 to 30 minutes to complete and you can’t fail it. So this is something that you need to be doing, and you can only do it at a trust approved website. We actually pirate institute is a trust approved site by the faa. So we have the ability to provide you with that test. We have the ability to give you a certificate and once that certificate is issued, it’s good forever and you just meet the requirements as a matter of fact, right here, i’m going to put a link to the video. So you guys can see a video that we posted on trust if you have more questions about trust just head over to that link and then you’ll be able to get all that information all right. The last thing, the next thing – there’s one there’s, two more eight – is you need to register your drone. If your drone is more than 250 grams and less than 55 pounds, it needs to be registered with the faa. So how does that work? You go on fa. Drone zone that’s their website it’s a gov website.
If you find anything else, that’s, not that gov walk away, find a gov website i’m going to put a link down in the description as well. It’S one registration per person, it’s good for five for three years and it’s, only five dollars when you’re done what you’re going to get is a number and that number you’re going to put it on the drone see i use a little label maker right here to Print my label for my drone and uh and you’ll be able to put it on there. Every drone that you own, you put the same number on it as a recreational flyer. You get one number you apply to all of your drones, as i said, it’s good for three years, it’s only five dollars. If someone is trying to charge you more than five dollars, you walk away: okay, you’re in the wrong place, so always with a gov on the outside. The last thing bullet number. Nine is a really important. One. Do not operate your drone in a dangerous manner, and that encompasses a lot of different things, but the first one is stay away from emergency response vehicle from law enforcement activities. Anything that is going on you want to stay away from forest fires is a perfect example. Large events like super bowl, for example, that have a temporary flight restriction. You need to stay away from all of this. We cover all of these restrictions in the course actually.
The course i mentioned earlier make sure you you enroll in that. If you want more information, there’s a restriction over washington dc there’s restrictions over parks like disney, for example, there’s temporary flight restriction. When the president travels, when we have hurricane events, when we have just something that you really need to be aware of, because you don’t want to get caught doing this, and the last thing is flying dangerously, which is uh, should be common sense. Don’T fly under the influence of drugs, don’t fly under the influence of alcohol and just keep it clean. Keep it safe use your brain use, your common sense right and uh, and then everything will be fine, so that’s all i have that’s. I wanted to cover all these things because i know there’s always a bunch of questions, but as long as you meet all nine of these requirements, you qualify for the exemption from part 107. Not moves you into 44 809, where you’re able to operate as a recreational flyer. If you miss any of these, you no longer qualify for 44. 809. Now you fall back under part 107 and you need to make sure you have a certificate all right, so it’s like a checklist, it’s all or nothing. If you’re not miss. If you’re not checking all nine of these, then you don’t qualify. You fall into part 107.. All right, i know you’ll, have comments, leave them down in here i’m happy to respond, make sure you enroll in that course.
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