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May I suggest those interested investigate further the FAA discussion at https://www.faa.gov/uas/media/model_aircraft_spec_rule.pdf, which states in part:
"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.[3] 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.'
“[3] In construing statutory language, agencies should assume that the ordinary meaning of the language accurately expresses the legislative purpose of Congress. Agencies are also permitted to presume that Congress was aware of the agencies’ administrative or adjudicative interpretations of certain terms and intended to adopt those meanings. See BedRoc Ltd. v. U.S., 541 U.S. 176, 183 (2004); see also Haig v. Agee, 453 U.S. 280, 300 (1981); Lorillard v. Pons, 434 U.S. 575, 580-81 (1978).” et seq.
It seems to me the answer as to what is commercial v. recreational is not strictly contained within either FAA parts 107 or 336, but within the common dictionary meanings of the terms, and then, when there still are ambiguities in the law, one must first look to the intent of Congress, and of course, any case law.
"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.[3] 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.'
“[3] In construing statutory language, agencies should assume that the ordinary meaning of the language accurately expresses the legislative purpose of Congress. Agencies are also permitted to presume that Congress was aware of the agencies’ administrative or adjudicative interpretations of certain terms and intended to adopt those meanings. See BedRoc Ltd. v. U.S., 541 U.S. 176, 183 (2004); see also Haig v. Agee, 453 U.S. 280, 300 (1981); Lorillard v. Pons, 434 U.S. 575, 580-81 (1978).” et seq.
It seems to me the answer as to what is commercial v. recreational is not strictly contained within either FAA parts 107 or 336, but within the common dictionary meanings of the terms, and then, when there still are ambiguities in the law, one must first look to the intent of Congress, and of course, any case law.
