The change from 500ft to 400ft makes sense in that there is a buffer zone now between drones and fixed-wing manned aircraft. See 14 C.F.R. 91.119 which places fixed-wing aircraft at a minimum of 500ft in non-congested areas. Remember that altimeters for manned aircraft can be incorrect sometimes, especially when going from high pressure to low pressure or high temperature to low temperate. (High to low, look out below.)
These regulations are going to set the framework for future enforcement actions. Recently released FOIA documents showed that the FAA has done at least 23 enforcement actions against drone operators. I wrote an in-depth article analyzing those actions. Out of the multiple regulations cited against drone operators that I graphed out, the FAA used traditional regulations from mostly Part 91. It will be interesting to see how things go forward under 107 because in at least two places Part 107 references some ideas that are Part 91 such as where it claims FPV racers cannot see-and-avoid, 14 CFR 91.113 reference, and the prohibition on flying your aircraft in a careless and reckless manner, 14 CFR 91.13. This creates a situation where aviation attorneys defending Part 107 drone operators could look to Part 91 case law interpreting those passages.
In summary, it looks like the FAA has cleared for take-off the drone regulations which will usher in a new era of the drone industry. I hope this summary will help you in making business decisions. Keep in mind that as everyone runs into Part 107, you might want to try to separate yourself from the competition by getting approval for non-107 operations. Contact me if you are interested in those operations ([email protected] or 561-222-6979). As always my friends, fly safe and when choosing an attorney for help navigating airspace and the regulations, don’t hire a poser – hire a pilot. Why? Posers will keep you grounded – while a pilot will help your ideas soar.
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