Jermz said:
And here's the rebuttle.
Myth 3: irrelevant, they don't control model aircraft
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It's absolutely true that the FAA doesn't
presently control model aircraft ... but they might be able to in the future, at least indirectly. Here's the
complete text of section 336 of the FAA Modernization and Reform Act of 2012, PUBLIC LAW 112–95 (Help yourself at
http://www.gpo.gov/fdsys/pkg/PLAW-112pu ... publ95.pdf - it's only
145 pages!)
SEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT.
(a) IN GENERAL.— Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this subtitle, the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft, if —
(1) the aircraft is flown strictly for hobby or recreational use;
(2) the aircraft is operated in accordance with a community based set of safety guidelines and within the programming of a nationwide community-based organization;
(3) the aircraft is limited to not more than 55 pounds unless otherwise certified through a design, construction, inspection, flight test, and operational safety program administered by a community-based organization;
(4) the aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; and
(5) when flown within 5 miles of an airport, the operator of the aircraft provides the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice of the operation (model aircraft operators flying from a permanent location within 5 miles or an airport should establish a mutually-agreed upon operating procedure with the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport)).
(b) STATUTORY CONSTRUCTION.— Nothing in this section shall be construed to limit the authority of the Administrator to pursue enforcement action against persons operating model aircraft who endanger the safety of the national airspace system.
(c) MODEL AIRCRAFT DEFINED.— In this section, the term "model aircraft" means an unmanned aircraft that is —
(1) capable of sustained flight in the atmosphere;
(2) flown within visual line of sight of the person operating the aircraft; and
(3) flown for hobby or recreational purposes.
Section (a) is routinely quoted as why the FAA can't touch model aircraft. Unfortunately, parts (1) through (5) don't often get mentioned but they are the big IF, i.e., section (a) applies IF parts (1) through (5) are satisfied. Regards part (2), it's not spelled out what "a community based set of safety guidelines and within the programming of a nationwide community-based organization" means. The only identifiable organization that appears to presently fit this description is the AMA (note, it says a pilot has to follow a qualifying organization's guidelines, it doesn't say a pilot has to belong to the organization).
Section (b) might give the FAA a loophole because what actions "endanger the safety of the national airspace" are not defined.
And section (c) might present a problem because it requires that an aircraft be flown "within visual line of sight" to qualify under the law as a "model aircraft", and hence to qualify for protection from FAA regulation.
Things to keep in mind ...
* FAA Modernization and Reform Act of 2012 is already law.
* The FAA has not yet gone through their rule making process to create any regulations under this law which may be impacted by section 336. As the NTSB administrative law judge ruled, there are no enforceable FAA regulations regards model aircraft today. And, per this law, there can be none provided the craft meets this law's definition of model aircraft and is flown per its restrictions (the "if" parts).
* While the wording in this section does not appear all that complicated (i.e., not a lot of "legalese"), as with all laws, the courts will ultimately decide what it means ... and they have been known to come up with some creative interpretations.
By this post I'm not promoting any position over any other ... just thought it useful that we are fully cognizant of the relative law that could conceivably be used either for or against us.