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FAQ Series, Part 2: Flying at Night

Stuart Showalter — Mon, 29 Jan 2018 04:38:39 +0000

FAQ Series, Part 2: Flying at Night

This is the second article in our series intended to answer some of the most frequently-asked questions in the recreational and commercial drone communities. What we write is true at the time of publication, but occasionally we may need to go back and update our material as regulations change.

Today, we will address a topic which seems nuanced, but really isn’t: Flying at night. For simplicity’s sake, I’ll answer first for recreational drone users, then for commercial drone users.

But First: What is “Night”?

For the purposes of logging and categorizing your flight time, there’s 14 CFR 1.1: “Night means the time between the end of evening civil twilight and the beginning of morning civil twilight, as published in the Air Almanac*, converted to local time.”
When a manned-aircraft pilot needs to satisfy currency requirements in order to carry passengers at night (as defined above), they must complete three takeoffs and landings during “the period beginning 1 hour after sunset and ending 1 hour before sunrise” (14 CFR 61.57(b)).
And when deciding to turn on the aircraft’s position and anticollision lights, it’s supposed to be “during the period from sunset to sunrise” (14 CFR 91.209(a)).

This is the Air Almanac page for today, and I’ll be honest — I have no idea how to read it, although I understand it helps to have a sextant.

It is simpler and more convenient to simply search for your local sunrise/sunset times in local news sources, or on the Internet.

By the way — for almost every FAA definition of “night,” there’s another way of defining it for Alaska, since there are places in Alaska where the sun literally never sets at certain times of the year, and barely rises at others. So really, there are more like five or six ways to define “night” depending on why you need to define it.

When referring to drone operations, the definition in 14 CFR 1.1 is the one that matters: “the time between the end of evening civil twilight and the beginning of morning civil twilight, as published in the Air Almanac, converted to local time.”

But here are three concepts every drone operator needs to be familiar with, because they define when the rules change for flying:

Sunrise/Sunset. This is a time that draws a line between daytime and what’s called civil twilight.
Civil Twilight: The 30-minute period before sunrise, OR the 30-minute period after sunset.
Night: See above.

Between sunrise and sunset, drone operators may operate as normal. That’s daytime.

During morning and evening civil twilight, certain rules go into effect about how much lighting you are required to have on your drone. Tonight, civil twilight lasted from 5:24 PM until 5:54 PM; I just added 30 to the time of official sunset. Most drone operations can still take place during civil twilight.

Night operations usually require additional lighting and safety measures, and a waiver if you’re working commercially.

Flying for Fun:

Hobbyists must follow the rules in 14 CFR 101 Subpart E, which includes being required to follow the safety guidelines of a community-based organization (like the Academy of Model Aeronautics or the Drone Users Group Network). Since 101 Subpart E doesn’t specifically include any guidance on flying at night, operators need to look at the safety code they’ve chosen to follow. Both the AMA and the DUGN allow flying at night, as long as the aircraft is equipped with lighting that provides the pilot “with a clear view of the model’s attitude and orientation at all times” (AMA) or “sufficient for [the pilot] to see the orientation and flight direction of the drone” (DUGN).

There is no official definition of “night” for hobbyists, but since drones are considered aircraft by the FAA, it’s safe to assume that the definition in 14 CFR 1.1 will suffice. There also aren’t any requirements for how bright the navigation lighting needs to be; it’s up to the pilot’s discretion.

By the way, the DUGN code also suggests evaluating the flight area before it gets too dark to mark any possible obstacles or complications. This is an excellent practice.

Flying for Business:

Commercial drone operations are restricted to periods of daylight by 14 CFR 107.29:

No person may operate a small unmanned aircraft system during night.
No person may operate a small unmanned aircraft system during periods of civil twilight unless the small unmanned aircraft has lighted anti-collision lighting visible for at least 3 statute miles. The remote pilot in command may reduce the intensity of the anti-collision lighting if he or she determines that, because of operating conditions, it would be in the interest of safety to do so.
For purposes of paragraph (B) of this section, civil twilight refers to the following:
Except for Alaska, a period of time that begins 30 minutes before official sunrise and ends at official sunrise;
Except for Alaska, a period of time that begins at official sunset and ends 30 minutes after official sunset; and
In Alaska, the period of civil twilight as defined in the Air Almanac.

So here we see that commercial UAS operations are not permitted after civil twilight has ended, and that during civil twilight, the drones must be equipped with anti-collision lighting of a defined intensity. People seeking more specific instructions for flash rate, light color, and visibility can look at 14 CFR 91 and 14 CFR 27, which provide guidance for lighting systems on manned aircraft.

Of course, under 14 CFR 107.205, it’s possible to apply to have the daylight requirement waived and complete commercial operations at night as defined under 14 CFR 1.1. The process involves taking steps to mitigate the risks the FAA perceives in operating small UAS at night. Until the person or company wishing to fly commercially at night holds that waiver for 107.29, he or she needs to cease operations by end of evening civil twilight, or begin after the start of morning civil twilight.

The nuances and requirements of the 107.29 waiver application will need to wait for another post.
Summary

Although there are several different definitions of “night,” drone operators use the one found in 14 CFR 1.1, which places it between the end of evening civil twilight and the beginning of morning civil twilight.
Hobbyists are permitted to fly at night as long as they follow the safety rules of a CBO, which may require extra lighting to ensure the pilot can discern the drone’s position and orientation.
Commercial operators can only fly at night if they hold a waiver for the daylight restriction. They can fly during civil twilight when their drones are equipped with additional lighting, whose intensity requirements are defined in 14 CFR 107.29.

Above all, fly safe.

The Christmas Drone – First Steps for First-Time Drone Owners

Stuart Showalter — Tue, 19 Dec 2017 07:41:37 +0000

The semi-autonomous multi-rotor kits that the Federal Aviation Administration calls “small unmanned aerial systems” and most people call “drones” are expected to be a hot gift item this holiday season, just like they were last season. Nevertheless, a recent survey by the Pew Research Center shows that only 8% of Americans own drones, and only about 60% have even seen one in action.

So if you receive a drone as a Christmas gift this year, or if you’re giving one away, here is some information you should probably have, and our suggestions for the first steps to take with your first drone.

1. Check Your Airspace

In the USA, the Federal Aviation Administration (FAA) is responsible for the safety and security of the National Airspace System (NAS). The Feds define the NAS as pretty much any air that’s outside a vertical overhead enclosure, without making distinctions for what’s over private property (although this has become a topic of greater discussion with drone technology becoming more accessible).

Drones are legal to fly in the majority of the airspace in the USA, even near airports, as long as the drone owner calls the airport first to let them know about the flight and listens to any advice the airport has to give about flying there. Right now, the rule is that people who want to fly within 5 miles of an airport have to make the call to the airport before flying.

The best way to check whether you’re allowed to fly in a given location is by checking the FAA-published VFR sectional charts. But if you’ve never had to read one before, they’re pretty much impossible to decipher. Thankfully, there are a number of sites and apps that will give you airspace information with street-level detail.

AirMap

If you visit AirMap’s web app, you can search for street addresses and easily see what airspace is overlapping your prospective flight area. Their mobile app behaves pretty much the same. AirMap even takes a guess at the best contact number for a given area of airspace. It also shows areas where flight may be prohibited due to sections of special-use airspace, like restricted areas or sensitive infrastructure. AirMap is free, does not require a subscription, and offers flight-planning, traffic-reporting, and digital notification tools to account holders.

UAV Forecast

This mobile app gathers information about your geolocation and opens the main screen with a go-no-go notification based on your user settings. It also allows you to browse a map showing airport and helipad locations.

B4UFly

This is the FAA’s official mobile app for drone users, and the one they want you to use. Since its release, it has improved significantly, but it may give you the impression you are not allowed to fly in locations where you actually are permitted to. The main screen will give you notifications about any extra steps you might have to take to fly where you intend to.

The FAA’s GIS Site

The FAA has created a GIS interface that allows users to toggle layers of airspace and search for address-specific locations. It does require at least a passing familiarity with airspace classes, though.

Restricted and Security Zones

There are a handful of restricted and security areas around the country where drones are not welcome. All National Parks, for example, forbid the launching and landing of drones within the park limits. Restricted and Prohibited zones may exist over sensitive government and military installations, like Camp David and Fort Meade in Maryland. The B4UFly app and the GIS interface are both good resources to explore these security areas.

2. Know the Rules That Apply to Recreational Drone Users

If you’re flying a drone commercially, that’s a whole different set of rules, and requires a license; but if you’re just having fun with your new drone, Congress made a Special Rule for Model Aircraft to keep the FAA from over-regulating the fun you can have with your drone. However, in order to keep the protection afforded to hobbyists by this Special Rule, hobbyists have to meet the conditions listed below. Failing to do so allows the FAA to prosecute the operator under commercial rules (14 CFR 107) in the event of an incident.

Make sure it’s just a hobby

Intent matters to the FAA, and as long as you’re just flying with no other intent but to have fun, you’re safe. As soon as your motivations change, and it can be proven that you’ve turned your flight into something that can be used in furtherance of a business, institution, or organization, the FAA requires you to hold a commercial Remote Pilot’s license.

Follow a code of safety conduct from a community-based organization

People have been flying model aircraft for decades, and the FAA wants you to be following a set of rules established by one of their organizations. The Academy of Model Aeronautics is the big one, with a well-established safety code that’s easy to understand and follow. As an alternative, the Drone Users Group Network has a safety code that’s designed specifically for multirotor aircraft, and has several perks like flying at night and flying over people in some conditions. If you don’t feel like following one of these codes, the FAA has released a list of its own conditions that it wants recreational operators to meet.

Keep it limited to aircraft under 55 lbs unless you have special certifications

Most off-the-shelf drones sold in the USA are smaller than 55 lbs, so it’s not a problem staying under the limit. But if you want to go large or carry a heavy payload, you may require extra licensing, certification, and registration to fly craft over 55 lbs.

Make sure to give way to manned aircraft

As a drone operator, you have the fewest rights in the sky and must make sure you can see and avoid other traffic in the air. You’d think this would be a no-brainer, but the NTSB just finished investigating a case where a recreational drone pilot accidentally flew his drone into an Army helicopter in New York (spoiler: The drone pilot was found to be at fault). The simplest way to do this is to keep the drone within line of sight, which is probably required by the safety code you’re following.

Also, be aware of situations where manned aircraft are more likely to show up, like wildfires or emergency situations (like traffic accidents). It’s best to stay away from first responders.

Call and inform any airports within 5 miles

It’s already been mentioned in the Airspace section above, but make sure you do your diligence in contacting airports within 5 miles of your operation. Failing to do so, or flying after the airport has told you it’s not a good idea, could put you in violation of the rule requiring you to give way to manned aircraft and allow the FAA to penalize you as a non-hobbyist.

Register your drone

Although the registration requirement was temporarily overturned in the Spring of 2017, a recent bill signed by the President is bringing it back. Go to registermyuas.faa.gov and enter your information. After paying $5, the site will give you a number that you need to put on your drone somewhere readable. As a hobbyist, you only need to do this once, and then you can use the same number on all your drones. Your information is kept in a database that isn’t accessible except to people with the right authorizations.

Check local ordinances and flight restrictions

This can be tricky, as the information you need isn’t all in one place. The B4UFly app is very good at notifying you of special airspace rules, but won’t tell you about city, county, or state laws that might prohibit launching and landing from certain properties. Be aware that there are usually flight restrictions around active sporting events, government buildings, military facilities, and critical infrastructure like power plants or electrical relay stations.

There are also several large Special Flight Rules Areas and Flight Restriction Zones around the country, including around Washington, DC. Flying a drone within about 15 miles of Reagan National Airport is currently illegal, and there are a small handful of conditions to be met when flying 15-30 miles from Reagan National Airport, too.

3. Try Out a Simulator

A handful of drone manufacturers have included a training simulator with the drone, but if they haven’t, here’s a short list of free drone simulator programs that are specifically designed to give operators practice with the control systems and reactions they’re likely to encounter. Drone sims are a risk-free way of building up muscle memory for drone control, and many will allow you to experiment with the drone’s various settings and systems, including automated flight modes.

4. Assume You’ll Crash the First Few Times

Even drones designed to be easy to fly out of the box are likely to crash in the hands of a novice, just because of the way the human brain has to get used to manipulating an object in space and remembering how it will move. Choose the location for your first flight with the assumption that you’ll need extra room to recover control, and make sure it’s over forgiving terrain. For example, flying out over a lake the first time using the drone is not a good idea, but an open field of long grass or sand would be an optimal choice. Choose a location which is unlikely to bring you into contact with people or property which could be injured or damaged.

5. Remember a Few Key Concepts

MOCA: Minimum Obstacle-Clearing Altitude. This is the altitude where you can fly your drone in a straight line without having to worry about it hitting anything, like power lines, houses, or treetops. If your drone has an automatic return-to-home feature that you can activate if you lose control, make sure the drone climbs to the MOCA before flying back to you, if that’s a setting you can control.

ADM: Aeronautical Decision-Making. Although the phrase seems high-handed in the context of small drones, the concept of an accident happening because of one bad decision is well-established in the world of aviation. If you have doubts about trying something, it’s a good idea to listen to your concerns and give it a pass the first time, or work up to it slowly.

CRM: Crew Resource Management. It’s always a good idea to bring someone with you when you go out to fly, especially the first few times. Having someone with you can be a big help if you’re approached by a member of the public, or if you just need someone to keep an eye on the world around you while you watch the drone. Sometimes you can have line of sight on the drone, but not be able to see the sky immediately around you. It wouldn’t be the first time a helicopter has snuck up on a drone meet.

6. Read the Manual

One of the main reasons drones crash or don’t fly is because the operator hasn’t read the manual. Drone manufacturers may have built limitations or safety features into the aircraft that you need to know about, like a “beginner mode” that keeps the drone within 150 feet of the controller, or a mode that changes the way the drone tracks its heading. The manual is especially helpful in learning about and using the automated features programmed into the flight controller. It’s also going to be where to find information about troubleshooting, regular calibration, and maintenance.

7. Join a Community

A quick search on social media will show you there is probably an enthusiastic drone community in your area already, with regular meeting locations and well-informed members who can help you with your questions. Many local clubs are also members of nation-wide community-based organizations like the Drone Users Group Network. These organizations can give you access to special flying locations, provide representation for your hobby when dealing with municipal government, and even give you special deals on insurance for your drone and access to educational programs.
At Hover Solutions, we have a lot of fun flying, and we want to welcome careful, considerate pilots to a field with a lot of potential for education, expansion, and creation. Please don’t hesitate to contact us via social media, our Contact page, or by emailing info@hoversolutions.biz with any questions.

Hover Solutions also offers personalized training for people who want to learn how to fly their drones safely, effectively, and beautifully.

Happy flying!