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Criminal charges ..yikes

What's the point of the 100 ft buffer if were going to always bear the burden of an incident?
 
Isn't this analogous to semi-trucks always having the right of way on the roads.
I guess you could use that analogy as most likely your drone will get the worst of it should you collide, but I think a better analogy would be giving way to an emergency vehicle.
 
As noted by @DoomMeister all UAV's MUST yield airspace to manned aviation. On the surface this may not always seem 'fair' or reasonable, after all if a UAV pilot is following the rules and flying safely and then a manned aircraft breaks one of their rules and comes into our airspace it's their fault right? Wrong.

First, we are not obeying the rules if we 'let' a manned aircraft anywhere near a drone in flight - Rule #1 is to see and avoid them - thats our responsibility. This is why VLOS is so important. It's not only so we can see our aircraft, it is so that we have situational awareness of the airspace we fly in - so as to accomplish 'see and avoid'.
 
As noted by @DoomMeister all UAV's MUST yield airspace to manned aviation. On the surface this may not always seem 'fair' or reasonable, after all if a UAV pilot is following the rules and flying safely and then a manned aircraft breaks one of their rules and comes into our airspace it's their fault right? Wrong.

First, we are not obeying the rules if we 'let' a manned aircraft anywhere near a drone in flight - Rule #1 is to see and avoid them - thats our responsibility. This is why VLOS is so important. It's not only so we can see our aircraft, it is so that we have situational awareness of the airspace we fly in - so as to accomplish 'see and avoid'.
In my case I was flying alongside a river which is heavily wooded with large and tall trees. I couldn't see or hear the plane until it was on top of my drone.

This makes situational awareness useless and also makes the logic for this being our responsibility useless.

There's a reason for the buffer. The helicopter that services our local hospital is much easier to hear at low altitudes even through trees etcetera.

With this line of reasoning you've eliminated all hearing impaired fliers. So now can we not fly in wooded areas because some other idiot goes for a joy ride at 300 feet we now have to take our eyes off of the drone to do constant 360 scans.

I do agree that we give right of way to ambulances but every dive bomber is not acting like an ambulance!
 
Sorry for the long post but I felt this topic could use a little further clarification. ?

There is no 'logic' for this being our responsibility, it just is - law, and while many of us have experienced an event such as you describe (myself included) it does not, and will not change the fact that; in the event of a collision between a manned aircraft and a drone, the drone flyer will be found at fault in nearly every circumstance. If you can't provide situational awareness for for your flight then there was no way to 'see and avoid' and therefore the drone pilot will be found at fault.

Unfortunately it is not a drone operator's prerogative to assign which manned aviation we give way to, the FAA says ALL. And nowhere in either the Recreational or in the Commercial rules is a type of manned aircraft (ambulance or otherwise) mentioned when outlining the yielding of airspace in general operations.

I offer the following sections from the 107 (Commercial Operations) as a means to show all pilots how the FAA frames the rules and responsibilities of commercial UAV operations and would suggest that recreational pilots see and understand these responsibilities as they reflect on this discussion.

The wording for 107 pilots is as follows :

§107.19 Remote pilot in command.​

(a) A remote pilot in command must be designated before or during the flight of the small unmanned aircraft.

(b) The remote pilot in command is directly responsible for and is the final authority as to the operation of the small unmanned aircraft system.

(c) The remote pilot in command must ensure that the small unmanned aircraft will pose no undue hazard to other people, other aircraft, or other property in the event of a loss of control of the aircraft for any reason.

(d) The remote pilot in command must ensure that the small UAS operation complies with all applicable regulations of this chapter.

(e) The remote pilot in command must have the ability to direct the small unmanned aircraft to ensure compliance with the applicable provisions of this chapter.

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Keep in mind that we as UAV pilots are not aware of everything going on with every other aircraft in the sky. I do not have a certification for GA but I do have my 107 and there is a very specif part of the rules that state the following:

§107.21 In-flight emergency.​

(a) In an in-flight emergency requiring immediate action, the remote pilot in command may deviate from any rule of this part to the extent necessary to meet that emergency.

(b) Each remote pilot in command who deviates from a rule under paragraph (a) of this section must, upon request of the Administrator, send a written report of that deviation to the Administrator.

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


Like you I have found myself on several occasions suddenly approached by low flying aircraft, once by helicopter (police) and several by light sport aircraft such as a Cessna 182. Here are the Rules for a commercial UAV flight and right-of-way definition and I would suggest that recreational pilots use this as a guideline.

§107.37 Operation near aircraft; right-of-way rules.​

(a) Each small unmanned aircraft must yield the right of way to all aircraft, airborne vehicles, and launch and reentry vehicles. Yielding the right of way means that the small unmanned aircraft must give way to the aircraft or vehicle and may not pass over, under, or ahead of it unless well clear.

(b) No person may operate a small unmanned aircraft so close to another aircraft as to create a collision hazard.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 
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With this line of reasoning you've eliminated all hearing impaired fliers. So now can we not fly in wooded areas because some other idiot goes for a joy ride at 300 feet we now have to take our eyes off of the drone to do constant 360 scans.
I'm hearing impaired, so no. ? I think your trying to find ways to suggest the rules are somehow not applicable for this type of flight or that type of person or whatever and I am not here to suggest the rules are perfect or righteous or 'fair' or anything like that. I am merely trying to shed light on a very serious subject in order that more pilots understand their responsibilities (here in the US) as governed by our laws so that perhaps events like the one discussed in this thread can be reduced or eliminated so as to NOT have more rules made. ;)
 
Sorry for the long post but I felt this topic could use a little further clarification. ?

There is no 'logic' for this being our responsibility, it just is - law, and while many of us have experienced an event such as you describe (myself included) it does not, and will not change the fact that; in the event of a collision between a manned aircraft and a drone, the drone flyer will be found at fault in nearly every circumstance. If you can't provide situational awareness for for your flight then there was no way to 'see and avoid' and therefore the drone pilot will be found at fault.

Unfortunately it is not a drone operator's prerogative to assign which manned aviation we give way to, the FAA says ALL. And nowhere in either the Recreational or in the Commercial rules is a type of manned aircraft (ambulance or otherwise) mentioned when outlining the yielding of airspace in general operations.

The wording for 107 pilots is as follows :

§107.19 Remote pilot in command.​

(a) A remote pilot in command must be designated before or during the flight of the small unmanned aircraft.

(b) The remote pilot in command is directly responsible for and is the final authority as to the operation of the small unmanned aircraft system.

(c) The remote pilot in command must ensure that the small unmanned aircraft will pose no undue hazard to other people, other aircraft, or other property in the event of a loss of control of the aircraft for any reason.

(d) The remote pilot in command must ensure that the small UAS operation complies with all applicable regulations of this chapter.

(e) The remote pilot in command must have the ability to direct the small unmanned aircraft to ensure compliance with the applicable provisions of this chapter.

-------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------

Keep in mind that we as UAV pilots are not aware of everything going on with every other aircraft in the sky. I do not have a certification for GA but I do have my 107 and there is a very specif part of the rules that state the following:

§107.21 In-flight emergency.​

(a) In an in-flight emergency requiring immediate action, the remote pilot in command may deviate from any rule of this part to the extent necessary to meet that emergency.

(b) Each remote pilot in command who deviates from a rule under paragraph (a) of this section must, upon request of the Administrator, send a written report of that deviation to the Administrator.

-----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------


Like you I have found myself on several occasions suddenly approached by low flying aircraft, once by helicopter (police) and several by light sport aircraft such as a Cessna 182. Here are the Rules for a commercial UAV flight and right-of-way definition and I would suggest that recreational pilots use this as a guideline.

§107.37 Operation near aircraft; right-of-way rules.​

(a) Each small unmanned aircraft must yield the right of way to all aircraft, airborne vehicles, and launch and reentry vehicles. Yielding the right of way means that the small unmanned aircraft must give way to the aircraft or vehicle and may not pass over, under, or ahead of it unless well clear.

(b) No person may operate a small unmanned aircraft so close to another aircraft as to create a collision hazard.

------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Ty Pilot, I m not in any way arguing with you or anyone else about this issue. My issue is with the fact that the FAA is the only government agency that had a single cell of common sense remaining.

We fliers are responsible individuals. Having the FAA make us responsible for any incident is another reason for me to never trust any government agency.

This is an easy way for them to take away another right from us. I'm sure I'm coming across as a tin foil hat conspiracy theorist but I'm tired of the government telling us to wear a face diaper, how to raise our kids, how many people can come over for holidays, when we can open our businesses etcetera.

They're doing everything they can to gain more control everyday. I'm guessing this rant will get me booted once again but this rant shouldn't offend anyone.
 
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Ty Pilot, I m not in any way arguing with you or anyone else about this issue. My issue is with the fact that the FAA is the only government agency that had a single cell of common sense remaining.

We fliers are responsible individuals. Having the FAA make us responsible for any incident is another reason for me to never trust any government agency.

This is an easy way for them to take away another right from us. I'm sure I'm coming across as a tin foil hat conspiracy theorist but I'm tired of the government telling us to wear a face diaper, how to raise our kids, how many people can come over for holidays, when we can open our businesses etcetera.

They're doing everything they can to gain more control everyday. I'm guessing this rant will get me booted once again but this rant shouldn't offend anyone.
Ty I don't want to kiss the government's booty so they don't write more rules to control us more. They are writing more rules daily to get rid of guns. Writing rules to stop criminals killing people is like eliminating forks to stop people from getting fat.
 
Same here. Like you I also am getting very tired of the ever-encroaching regulatory behemoth that is the US government. I could go off on that tangent but I am sure I would get a talking to by a mod ? and it wouldn't be the first time.

Not here to ague with you either as I respect and understand your views. I am just offering some explanation with specifics for any new flyers (or old) that may want to see clarification.
 
Same here. Like you I also am getting very tired of the ever-encroaching regulatory behemoth that is the US government. I could go off on that tangent but I am sure I would get a talking to by a mod ? and it wouldn't be the first time.

Not here to ague with you either as I respect and understand your views. I am just offering some explanation with specifics for any new flyers (or old) that may want to see clarification.
besides im way to old to learn any new tricks
 
Same here. Like you I also am getting very tired of the ever-encroaching regulatory behemoth that is the US government. I could go off on that tangent but I am sure I would get a talking to by a mod ? and it wouldn't be the first time.

Not here to ague with you either as I respect and understand your views. I am just offering some explanation with specifics for any new flyers (or old) that may want to see clarification.
Just got off of my Covid deathbed so I thought I'd throw in my 2 cents worth of how I hate the government. I truly appreciate your candor and feedback. This election and mandatory face diapers has put me into a foul mood. I enjoy your insight.
 
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Reactions: Ty Pilot
Just got off of my Covid deathbed so I thought I'd throw in my 2 cents worth of how I hate the government. I truly appreciate your candor and feedback. This election and mandatory face diapers has put me into a foul mood. I enjoy your insight.
I hear ya, living here in Florida I am so thankful we have a governor with most of his pink matter in tact and for the most part we are up and running at 100% other wise I might do a ‘Shining ‘ re-enactment

Hope all is well and i am constantly reminded of why this is my favorite forum.
 
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I hear ya, living here in Florida I am so thankful we have a governor with most of his pink matter in tact and for the most part we are up and running at 100% other wise I might do a ‘Shining ‘ re-enactment

Hope all is well and i am constantly reminded of why this is my favorite forum.
I do admire your governor. I just moved from MN with emperor Walz. The state was using extortion to get me to put on 4 license plates on my 1 minivan. Moved to SD where we have a governor that realizes that us humans don't need the government to raise our kids, tell us when and where we can eat, force us to wear a face diaper etcetera.

Love the shining. All work and no play makes Jack a dull boy.
 

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