I find it interesting that the pilots that have a 333 and lic etc put up videos on there facebook pages showing infractions to the 333 exemption. Such as violating #26 500Ft from any non participating party that is not in or behind a barricade. #6 using an observer etc. It seems that it is virtually impossible to do a flight by the rules. This is my first post and I hope I am not coming across the wrong way. I am not looking to start an argument I am just trying to get some clarification on the 333 ruling.
Thanks
WBTRC
I think you are posing a good question and I would like some clarification also, but when i go down to the local FSDO Office and ask the UAV specialist about certain things, like how do I go about x. We will laugh and sometimes he does not have an answer.
When it come to the 500 ft rule, if you look over what they are exempting, I feel there needs to be an interpretation, yes as a UAV you need to ask for that in a waver, since you can not technically fly above 400ft.
The waver for rule 91.119 (c), being able to fly below 500 ft and they make up for the altitude separation by basically saying when flying below this minimum safe flight altitude, we will allow you to do so but since you are coming down below what we require for a safe distance you will now need to make up for it by extending the vertical separation distance outwards, up to 500 ft at ground lever to accommodate what section (c) addresses.
I understand this and I have no issues in the way that it's addressed, if asked I believe that distance rule for UAV's would be better fitted at 300ft. Here's the rub, I feel if you are going to adapt aircraft rule to these devices and we are wavering them (bending - I said it) to operate then we should also include all the rules.
91.119 (d) I find it odd that when they composed 333 operation section they specifically did not include this rule
(d) Helicopters, powered parachutes, and weight-shift-control aircraft. If the operation is conducted without hazard to persons or property on the surface—
(1) A helicopter may be operated at less than the minimums prescribed in paragraph (b) or (c) of this section, provided each person operating the helicopter complies with any routes or altitudes specifically prescribed for helicopters by the FAA; and
(2) A powered parachute or weight-shift-control aircraft may be operated at less than the minimums prescribed in paragraph (c) of this section.
This is exactly what I was getting at in my previous post, if you are going to require a rated pilot to control the aircraft then you also need to allow that pilot to exercise his abilities to make aircraft decisions as they would do in the flying environment for the type of aircraft they are flying.
In this case section d basically says, when flying a helicopter you can bring down that minimum safe distance as long as the operation is performed in a way that if an event happens, the aircraft will not harm any no participating people or structures.
So this is where I think the 500 ft rule is not clear, instead of addressing the type of UAS that we are flying they are just treating the whole category as one. They are applying rules that are written for fixed wing aircraft operating in navigable airspace. I would like to have the rules apply to match the type of aircraft that are being flown.
