The statute requires model aircraft to be flown strictly for hobby or recreational purposes. Because the statute and its legislative history do not elaborate on the intended meaning of “hobby or recreational purposes,” we look to their
ordinary meaning and also the FAA’s previous interpretations to understand the direction provided by Congress. A definition of “hobby” is a “
pursuit outside one's regular occupation engaged in especially for relaxation.” Merriam-Webster Dictionary, available at
www.merriam-webster.com (last accessed June 9, 2014). A definition of recreation is “
refreshment of strength and spirits after work; a means of refreshment or diversion.” Id. These uses are consistent with the FAA’s 2007 policy on model aircraft in which the Agency stated model aircraft operating guidelines did not apply to “persons or companies for business purposes.” See 72 FR at 6690.
Any operation not conducted strictly for hobby or recreation purposes could not be operated under the special rule for model aircraft. Clearly, commercial operations would not be hobby or recreation flights. Likewise,
flights that are in furtherance of a business, or incidental to a person’s business, would not be a hobby or recreation flight. Flights conducted incidental to, and within the scope of, a business where no common carriage is involved, generally may operate under FAA’s general operating rules of part 91. Although they are not commercial operations conducted for compensation or hire, such operations do not qualify as a hobby or recreation flight because of the nexus between the operator’s business and the operation of the aircraft.