Rules, Regulations and Confusion

[2edgesword]

I'm reading a section of the FAA reauthorization act and found what appears to be conflicting statements. The bolded statements in the heading and section (a) appear to be in conflict with the bolded statements in section (7). How can it say in one section "without specific certification" and then make a requirement that the operator must have passed an aeronautical knowledge test for "recreational" operations?

44809. Exception for limited recreational operations of unmanned aircraft

‘‘(a) IN GENERAL.—Except as provided in subsection (e), and notwithstanding chapter 447 of title 49, United States Code, a person may operate a small unmanned aircraft without specific certification or operating authority from the Federal Aviation
Administration if the operation adheres to all of the following limitations:

‘‘(1) The aircraft is flown strictly for recreational purposes.

‘‘(2) The aircraft is operated in accordance with or within the programming of a community-based organization’s set of safety guidelines that are developed in coordination with the Federal Aviation Administration.

‘‘(3) The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer colocated and in direct communication with the operator.

‘‘(4) The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft.

‘‘(5) In Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, the operator obtains prior authorization from the Administrator or designee before operating and complies with all airspace restrictions and prohibitions.

‘‘(6) In Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace restrictions and prohibitions.

‘‘(7) The operator has passed an aeronautical knowledge and safety test described in subsection (g) and maintains proof of test passage to be made available to the Administrator or law enforcement upon request.

‘‘(8) The aircraft is registered and marked in accordance with chapter 441 of this title and proof of registration is made available to the Administrator or a designee of the Administrator or law enforcement upon request.

 

[Fly Dawg]

How can it say in one section "without specific certification" and then make a requirement that the operator must have passed an aeronautical knowledge test for "recreational" operations?

The "Knowledge and Safety Test" is NOT a certification or Licence, nor does it give "operational authority" from the FAA. Fairly straight forward to me.

 

[MapMaker53]

I believe new requirements yet to be enacted will be for recreational fliers to pass a basic knowledge and safety test of some sort, probably as part of the process of registering their UAV with the FAA. I doubt it will be as comprehensive as the Part 107 Exam that all commercial operators must Pass which results in a certificate.

 

[BigAl07]

Here's how I interpret it (not legal advice):

Recreational Operators will not be required to have Part 107 (or higher) credentials but will be required to take and pass some type(s) of test(s).

What this does is pretty much require most everyone (who is willing to fly legally) at least be exposed to and agree to FAA rules & regulations. This way when something goes wrong very few people can say, "Oh I didn't know that..." because now they have at least been exposed to it at some very small level.

 

[2edgesword]

The "Knowledge and Safety Test" is NOT a certification or Licence, nor does it give "operational authority" from the FAA. Fairly straight forward to me.

Certification or licensing by any other name is still certification or licensing. A requirement for training has been added. Whether or not a piece of government issue plastic is issued acknowledging that requirement doesn't alter the nature of the change.

 

[3rdof5]

Sounds to me that the FAA is making changes similar to Transport Canada. Currently recreational flying requires no test or registration but as of June 1st all recreational pilots will be required to pass a basic test and register their AC to continue to fly legally.

 

[Fly Dawg]

Whether or not a piece of government issue plastic is issued acknowledging that requirement doesn't alter the nature of the change.

I am not saying that. Simply because a "requirement" for training has been added does not mean one is "certified" or "licensed". However, that being said. The second part of the statement ( In Red ) might be considered otherwise as opposed to the portion you highlighted. That does not make it a "certification" however. At best "Proof of completion". One can argue verbiage all day, but the "Intent" of the paragraph is clear. Similar to "hobby" vs "Part 107". At times the verbiage is vague, but the "intent" is clear.

‘‘(7) The operator has passed an aeronautical knowledge and safety test described in subsection (g) and maintains proof of test passage to be made available to the Administrator or law enforcement upon request.

 

[2edgesword]

I am not saying that. Simply because a "requirement" for training has been added does not mean one is "certified" or "licensed". However, that being said. The second part of the statement ( In Red ) might be considered otherwise as opposed to the portion you highlighted. That does not make it a "certification" however. At best "Proof of completion". One can argue verbiage all day, but the "Intent" of the paragraph is clear. Similar to "hobby" vs "Part 107". At times the verbiage is vague, but the "intent" is clear.

‘‘(7) The operator has passed an aeronautical knowledge and safety test described in subsection (g) and maintains proof of test passage to be made available to the Administrator or law enforcement upon request.

It's a distinction without a difference. Whether they call it "certified" or "licensed" the person required to demonstrate some proficiency in an area is being given the blessing of the FAA to go and fly and without their blessing you're not legal. There is going to be some record somewhere that the requirement was satisfied. It sounds like certification or licensing to me.