It's been bantered around that when flying within 5 miles of an airport you have to notify the airport / control tower. That you are not asking permission. That as long as you tell them, it's ok to fly.
I'd like to put forth the actual FAA rule and interpretation as published. You can find the whole document in the Federal Register Federal Register :: Interpretation of the Special Rule for Model Aircraft and the specific part that covers this at https://www.federalregister.gov/d/2014-14948/p-49
"Model aircraft must not interfere with and must give way to any manned aircraft. This requirement needs no further explanation, and the FAA would expect that model aircraft operators abide by it.[8] We note that model aircraft interfering with, or that do not give way to, manned aircraft would be subject to enforcement action under section 336(b), as further explained in section III below."
"Finally, the statute sets a requirement for model aircraft operating within 5 miles [9] of an airport to notify the airport operator and control tower, where applicable, prior to operating.10 [11] If the model aircraft operator provides notice of forthcoming operations which are then not authorized by air traffic or objected to by the airport operator, the FAA expects the model aircraft operator will not conduct the proposed flights. The FAA would consider flying model aircraft over the objections of FAA air traffic or airport operators to be endangering the safety of the NAS. Additionally, we note that following this 5-mile notification procedure would be read in conjunction with FAA rules governing airspace usage discussed below."
Given the above, can anyone say that giving notification a one way conversation? That because you notified your part is done and you have the unequivocal right to fly?
Comments / discussions ?
I'd like to put forth the actual FAA rule and interpretation as published. You can find the whole document in the Federal Register Federal Register :: Interpretation of the Special Rule for Model Aircraft and the specific part that covers this at https://www.federalregister.gov/d/2014-14948/p-49
"Model aircraft must not interfere with and must give way to any manned aircraft. This requirement needs no further explanation, and the FAA would expect that model aircraft operators abide by it.[8] We note that model aircraft interfering with, or that do not give way to, manned aircraft would be subject to enforcement action under section 336(b), as further explained in section III below."
"Finally, the statute sets a requirement for model aircraft operating within 5 miles [9] of an airport to notify the airport operator and control tower, where applicable, prior to operating.10 [11] If the model aircraft operator provides notice of forthcoming operations which are then not authorized by air traffic or objected to by the airport operator, the FAA expects the model aircraft operator will not conduct the proposed flights. The FAA would consider flying model aircraft over the objections of FAA air traffic or airport operators to be endangering the safety of the NAS. Additionally, we note that following this 5-mile notification procedure would be read in conjunction with FAA rules governing airspace usage discussed below."
Given the above, can anyone say that giving notification a one way conversation? That because you notified your part is done and you have the unequivocal right to fly?
Comments / discussions ?
