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Spoke with FAA about airport within 5 miles rule

RBC

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I thought this information would be helpful for those of you who are hobbyists and/or want to fly within 5 miles of an airport.

I initially called the FAA UAS Help Desk to get some questions answered. Because I have 2 airports within 5 miles of where I live and fly my H, I was concerned to know more about the notification rule. The person I initially spoke with was not an expert on the rules and chose to weave her own interpretation. By the way, the people manning this desk are not FAA employees but are contractors trained to answer questions about small UAS for callers.

One airports near me is a semi-active Army Heliport and the other is a small air park that is part of a residential community with its own runway. I had already called the air park and to inform them I was flying a drone in my community 3 miles from their airport. I had also called the Army Heliport several times and got a voicemail message and left messages about flying a drone in my community within 5 miles of their location. I had not heard back from the Army Heliport at that point so I wanted to confirm with the FAA my right to fly in my community. The FAA contractor on the help desk said if I had not heard back from the Heliport, I did not have their permission to fly, I asked her to cite the rule that stated this. She said it was printed on my FAA registration. I told her all that said was that I had to notify the airport within 5 miles. She said the airport was under no obligation to respond to me and if I had not heard from them I had no right to fly. So I called one of the FAA field offices in my city and spoke to their UAS expert. He told me the only obligation a UAS hobbiest has is to inform the air operation within 5 miles of where you are flying. There is no obligation to get their explicit permission allowing you to fly. If you leave a message and they do not call you back, you have fulfilled the FAA requirement of notification. If they later call you back and object, then you need to comply or risk being fined by the FAA. However their objection has due explicitly explain what the safety concern is; they must support their position. After all of this, I was finally able to reach the Army Heliport. I explained where I lived and asked if this would be ok to fly. The official I spoke with told me their helicopters fly at 500 ft and therefore he did not see any concern. He asked if the H had an altimeter and I told him it did as well as had a governor so it would not fly higher than 400 ft.

So, the good news, I am still free to fly my H in my community. Everyone fly safely!
 
I thought this information would be helpful for those of you who are hobbyists and/or want to fly within 5 miles of an airport.

I initially called the FAA UAS Help Desk to get some questions answered. Because I have 2 airports within 5 miles of where I live and fly my H, I was concerned to know more about the notification rule. The person I initially spoke with was not an expert on the rules and chose to weave her own interpretation. By the way, the people manning this desk are not FAA employees but are contractors trained to answer questions about small UAS for callers.

One airports near me is a semi-active Army Heliport and the other is a small air park that is part of a residential community with its own runway. I had already called the air park and to inform them I was flying a drone in my community 3 miles from their airport. I had also called the Army Heliport several times and got a voicemail message and left messages about flying a drone in my community within 5 miles of their location. I had not heard back from the Army Heliport at that point so I wanted to confirm with the FAA my right to fly in my community. The FAA contractor on the help desk said if I had not heard back from the Heliport, I did not have their permission to fly, I asked her to cite the rule that stated this. She said it was printed on my FAA registration. I told her all that said was that I had to notify the airport within 5 miles. She said the airport was under no obligation to respond to me and if I had not heard from them I had no right to fly. So I called one of the FAA field offices in my city and spoke to their UAS expert. He told me the only obligation a UAS hobbiest has is to inform the air operation within 5 miles of where you are flying. There is no obligation to get their explicit permission allowing you to fly. If you leave a message and they do not call you back, you have fulfilled the FAA requirement of notification. If they later call you back and object, then you need to comply or risk being fined by the FAA. However their objection has due explicitly explain what the safety concern is; they must support their position. After all of this, I was finally able to reach the Army Heliport. I explained where I lived and asked if this would be ok to fly. The official I spoke with told me their helicopters fly at 500 ft and therefore he did not see any concern. He asked if the H had an altimeter and I told him it did as well as had a governor so it would not fly higher than 400 ft.

So, the good news, I am still free to fly my H in my community. Everyone fly safely!
Thanks for the info brother... I'm calling my local community airport by the end of the month.. I have plenty of places to fly, but where I like to test color is at the schools. 2 miles from the small airport.
 
To really cover your butt,
Go to the local airport with a map printout that shows the airport and your house.
highlight the area around your house with a note that simply states DRONE ACTIVITY, 0 to 400' AGL and the possible times you may be flying.
Most local airports have a bulletin board for posting such info.
The local ANG base may be a harder nut to crack, and may take several phone calls or a visit to get through. I would be worried about flying under the helicopter downwash.
 
I fly LOS unless I lose sight of it and if so I do a RTH. I've only seen military helicopters once flying over my area. Two were in formation. I think the chances of being under helicopter wash are less than a near miss with a crop duster. But I know I need to keep my eyes wide open as anything is possible. LOL.
 
Great info RBC. I live less than 3 miles from a Medical Heli based at our city hall. No tower no nothing..I contact the local fire service.
 
The authority of the FAA to register and regulate etc. hobby drones under 15 pounds flying less than 70mph is 'up in the air' so to speak. And yes that is no typo - the weight limit is 15 pounds not .55 pound (per section 336).

Research FAA Section 336. eg. Special Rule for Model Aircraft (336) Remains Federal Law 2012.

Special Rule for Model Aircraft Remains Federal Law | AMA Government Relations Blog

It seems the the FAA like most government agencies are writing their own laws directly in the face of existing laws specifically limiting the FAA's right to do so. Of course there are appeals and all that legal stuff going on to straight this mess out.

Having said that it is best to 'cover your butt' and follow the new 'illegal' FAA rules. You may want to join the AMA in the meantime also . . . Academy of Model Aeronautics

As authorities write drone rules, model airplane hobbyists take on the FAA | AMA Government Relations Blog

336 | AMA Government Relations Blog

I'm not a lawyer and I don't have any answers . . just more questions. So please do your own research and make your own choices.

This whole FAA drone regulation and registration confuses the **** out of me and there are tons of details for the devil to hide.
 
Don't get caught under helicopter rotors. I can tell you from experience the event is "destabilizing".

The FAA has been making sUAS stuff up as they go for awhile now. Although the sUAS registration rule has not been legally implemented I don't know that I'd want to be the one funding a legal team to defend me.
 
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Don't get caught under helicopter rotors. I can tell you from experience the event is "destabilizing".

The FAA has been making sUAS stuff up as they go for awhile now. Although the sUAS registration rule has not been legally implemented I don't know that I'd want to be the one funding a legal team to defend me.

I agree - COMPLETELY
 

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