To fly or not to fly, that was my question! I know it’s a cliche and cheesy opening question for my first blog ever, but it was actually my question! I was heading to Key West, a picturesque paradise, but my dilemma, can I fly my drone there? Fairly new to the drone scene, I find that flying is an amazing almost addictive experience yet the rules of recreational flying can seem confusing and even slightly intimidating. The ambiguity surrounding where you can and cannot fly can be daunting with forums and chats offering conflicting advice. If you dig a little deeper however, you will find that the rules of flying a drone are pretty straight forward, and the policies in place are clearly outlined. Which brings me back to the original question, can you fly a drone in Key West? Understanding Section 349…
Good morning downtown Key West!
Can you fly a drone in Key West? Understanding section 349
Sadly, I’m disappointed to report that AS OF TODAY, May 17th, 2019, recreational flyers can no longer gain permission to fly in Key West. According to the FAA, before May 17th, recreational flyers were able to request and be granted permission to fly in some areas of Key West legally and safely. This blog was originally a step by step guide of the process to gain such permission. Ready to publish, I learned that the next day (May 17th) a portion of section 349 was to be implemented, which made my blog obsolete! Devastated, I turned one blog into two; how Canadians like myself can fly recreationally in the US, https://jenzjourneys.com/how-to-fly-a-beaver-in-the-bald-eagles-airspace-steps-for-a-canadian-to-fly-their-drone-recreationally-in-the-usa/ and explaining section 349. So let’s get to it!
What was section 336?
In order to understand section 349 let’s take a look at section 336, the section now completely repealed and superseded by section 349. Section 336 was the law in place that successfully challenged drone registration. It also removed the FAA’s rights to regulate model aircrafts. It seems some of the confusion surrounding drone laws stem from the transition of implementing the changes in section 349.
What is section 349?
The repeal of section 336 means that the FAA now has the right to regulate recreational drones. Section 349 outlines those rules for flyers in the United States. Parts of section 349 are currently in place and enforced and other changes are forthcoming.
What changed on May 17th, 2019?
The morning of May 17th, the Federal Register published an action which was the notice implementing the exception for limited recreational operations of unmanned aircrafts. Umm, simple English, Jen, please??? According to the FAA prior to May 17th, Air Traffic Control towers could grant permission to recreational flyers to fly in their Class D airspace through portals on the airports’ websites. Key West is entirely in Class D airspace and therefore all recreational drone flights had to receive permission from Air Traffic Control. As of May 17th this process was eliminated. Air Traffic Control can no longer grant permission to recreational flyers to fly in controlled airspace anywhere in the USA.
Are there exceptions that allow recreational flyers to fly in controlled airspace?
Yes, under section 349 recreational drone operators can fly in Class D airspace if they are at a recreational flyer fixed site that has an agreement with the FAA. 
Note: Key West does not have an AMA flying field so currently recreational flyers cannot legally fly anywhere in Key West.
Is this change permanent?
No! There is already an online system in place for certified Part 107 drone pilots (commercial drone pilots) to request automated controlled airspace authorizations. This system is known as LAANC (Low Altitude Authorization and Notification Capability). The FAA is working on upgrading the system to include recreational drone pilots. Another forthcoming change!
Are there any other major changes coming?
Yes! In fact the most significant change of section 349 is still yet to come. Similar to our rules here in Canada, the FAA will soon be implementing an electronic Aeronautical Knowledge test for recreational flyers.
What else should I know as a recreational flyer?
Visit the FAA website before you fly if you are unsure of the rules! https://www.faa.gov/uas/recreational_fliers/.
