FAA Kite regulations

[mwp]

I was asked to leave a park near a small local airport due to FAA regulation. After looking into the law further it seems that the law only covers kites over 5 pounds with a line length greater then 150 feet. It seems like this may be a common misconception?  

http://www.faa.gov/airports/airport_development/omp/FAQ/General_Concerns/#q8

https://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&node=14:2.0.1.3.15#sp14.2.101.b

[Jim Mol]

Being a kite flyer and a former commercial pilot, let me try to shed some light on the issue. Since I do not know where the park lies in relationship to the airport, I can only speak in generalities.

As a pilot, you are constantly looking out for other aircraft so as to avoid collision. You are also dividing your attention to maintain corse to the runway. As you begin your final descent, you may or may not see that kite at the 1000 feet above the ground, maybe pick it up at 500 feet above the ground - remember, as a pilot you main job is getting the plane safely to the ground - so you cannot be looking for the kite all the way down. Even if you know there is a person flying a kite, when you are going through your last 100 feet to the ground, there is nothing more disconcerting than catching something out of the corner of your eye - Was that an airplane coming in low and fast? An emergency landing by a small aircraft? It might distract you for a second, until you verify it is that kite. With two pilots, the non flying pilot can pay more attention to the kite, but the flying pilot could still catch it out of the corner of his eye, and for a moment wonder.

I guess the question you need to ask yourself is would you want to be on an aircraft where the pilot(s) is distracted, for even just a moment, from his primary duty to land the plane safely?

As far as the regs you reference, remember, with the FAA there is alway a catch all. I am surprised that the General Concerns # 8 did not point that out. Going back to the eCRF 0 Code... part 101.11(below) it is the "and" that limits you. "and with additional limitations imposed by the using or controlling agency, as appropriate." So if the control tower or approach control impose a not kite flying limitation, there is not much you can do about it except honor it and try to build some bridges with the appropriate agencies. 

As a kite flyer, I did fly a kite on airport property, once, on the softball outfields after talking to the tower and explaining that I had a 50 foot string and since I was working on stunt maneuvers it would be 40 feet off the ground. It was in an area where the planes would be rolling down the runway as they passed by and I was well away from the runway. Still, as I spoke with a controller afterwards, he mentioned he would rather I did not fly in that area any more. I get it. Imagine how he feels when he is bringing planes in and see something out of the corner of his eye...

What to do: Now that you know someone thinks you are restricted from flying kites near the airport, I would suggest speaking to someone on the airport property as to why they think that - so you can begin to build bridges. Now if the airport manager tells you that, he has authority over the airport but may not be the controlling agency. Unfortunately, these days it is harder to talk to the controllers in the tower with all the extra security, but if there is a tower, ask for a tour so you can understand what is going on as they bring the planes in for a landing - look for a time where there is not much going on to do this. At the end of the tour, you might ask, "How do you feel about all those kite flyers over there?" pointing to the park. Then you will know. Controllers are truly concerned about safety and if a kite on a 35 ft line will not bother them, they will tell you, but if it does , then please honor their request and fly elsewhere. 

Sorry I am so long winded but I hope all have a better understanding from the pilot side of things. 

§101.11   Applicability.

This subpart applies to the operation of moored balloons and kites. However, a person operating a moored balloon or kite within a restricted area must comply only with §101.19 and with additional limitations imposed by the using or controlling agency, as appropriate.

[mwp]

 Thanks for the great reply. Here is a map of the location for reference, the red box was where I was flying with 40 foot lines below even the tree level. The white boxes are where the police officer told me I could fly. I will try to reach out to the control tower and see what their thoughts are.

 

[riffclown]

One small word of advice.. If you do get permission to fly in a specific area, get it in writing and keep a copy with you when you fly.. Will provide much needed clarity in the long run..   It helps to have a memo stating you can fly a specific field with lines not to exceed x number of feet. Also acknowledge the intended use of the field will have priority to avoid any conflicts.. Be a good steward of the space provided and the sport you are promoting..

You are a defacto ambassador for Kiting whenever and wherever you fly.

I fly near an active runway and have to answer the Airfield Management question fairly often that my lines used are less than 100'   I'm also not in line with the runway itself but off to the side like your white boxes would be.

[makatakam]

I believe that the FAA regulations prohibit flying within 5 miles of any airport, without obtaining permission for a specific location in advance, each time you fly. Personally, I wouldn't fly in any place on the map shown, unless they asked me to for some reason. It appears to be less than a mile in any direction. Wouldn't want the liability involved in being that close.

I frequently fly at Meineke Park about a block from my house. It is about 4 miles away from Schaumburg Municipal Airport. There have been occasions when a plane or helicopter has flown over at less than 500 feet. Not an issue with a sport kite on 120-foot lines. If I had been flying a 12-foot SLK delta at 400 feet, it could be dangerous. IMHO, it's not worth the chance. There are other places to fly that are as good or better.

[riffclown]

the 5 mile circle is for drones and R/C type aircraft if I'm not mistaken..

One good example is the Wright Memorial is right next to the Airport.. Flying kites isn't only allowed it's encouraged.. BUT I think except for special events there may be a hard ceiling..

 

[makatakam]

101.7 Hazardous operations.
  
   (a) No person may operate any moored balloon, kite, unmanned
   rocket, or unmanned free balloon in a manner that creates a hazard
   to other persons, or their property.

That includes anywhere. 5 miles or 50 miles. If someone complains or is injured -- guilty. This is from the FAA kite regulations, and although there is no mention of distance from an airport, it's that "creates a hazard" part that will put you in hot water. If there are no problems you didn't create a hazard. As soon as someone complains . . . . . . . . 

[riffclown]

But the ceiling helps mitigate the hazard.. I know the regulations being discussed for drones had the 5 Mile figure attached to it.. That's where I was basing my comment.

 

[mwp]

Thanks guys, will get written permission.

It seems like the 5 mile rule applies to kites with a line length over 150 feet OR over 5 pounds so in most cases a stunt kite would not apply.

(2) Except as provided for in §101.7, any kite that weighs more than 5 pounds and is intended to be flown at the end of a rope or cable.

No person may operate an unshielded moored balloon or kite more than 150 feet above the surface of the earth unless, at least 24 hours before beginning the operation, he gives the following information to the FAA ATC facility that is nearest to the place of intended operation:

 

[Reef Runner]

31 minutes ago, mwp said:

(2) Except as provided for in §101.7, any kite that weighs more than 5 pounds and is intended to be flown at the end of a rope or cable.

No person may operate an unshielded moored balloon or kite more than 150 feet above the surface of the earth unless, at least 24 hours before beginning the operation, he gives the following information to the FAA ATC facility that is nearest to the place of intended operation:

 

Gosh, I suppose I'm guilty.  However, not by myself, not by a long shot.  When I'm at the coast, there are people literally everywhere, up and down the beach, flying SLK's at 200', 300', 400', even 500'.  I must be missing something here, because 150' is nothing ?  I agree, probably shouldn't do this near the airport fence, but really - 150' ?