What FAA Says You Can Do with Your Model Aircraft

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I was noodling around on the FAA website and came across this one.
http://www.faa.gov/uas/publications/model_aircraft_operators/
I haven't seen it previously posted on this forum. It's interesting for how few restrictions the FAA places upon hobbyists. The page was last modified as recently as August 2014, so maybe we can take heart and hope the FAA retains this level of guidelines when it finally gets around to enacting regulations as Congress has mandated.
 
Most of the "don'ts" make perfect sense. the "Don't fly model aircraft for payment or commercial purposes" just doesn't fall into the same reasoning as the others......What's up with that?? I understand there is likely a very large aircraft lobby supporting this "rule".

My 2 cents
 
bald1eagle said:
the "Don't fly model aircraft for payment or commercial purposes" just doesn't fall into the same reasoning as the others......What's up with that??
Per 49 USC§ 44711:

A person may not serve in any capacity as an airman with respect to a civil aircraft, aircraft engine, propeller, or appliance used, or intended for use, in air commerce without an airman certificate authorizing the airman to serve in the capacity for which the certificate was issued
See more here:
http://www.law.cornell.edu/uscode/text/49/44711

Here's a typical FAA comment from one of the exemptions they've recently approved:

Regarding the petitioner’s requested relief from 14 CFR 61.113(a) and (b) Private pilot privileges and limitations, Clayco requested regulatory relief to operate its UAS without an FAA - certificated pilot. Although Section 333 provides limited statutory flexibility relative to 49 USC§ 44704 for the purposes of airworthiness certification, it does not provide flexibility relative to other sections of 49 USC. The FAA does not possess the authority to exempt from the statutory requirement to hold an airman certificate, as prescribed in 49 USC§ 44711.

the FAA is requiring a pilot certificate for UAS operations for two reasons, the first of which is to satisfy the statutory requirements as stated above. The second is because pilots holding an FAA issued private or commercial pilot certificate are subject to the security screening by the Department of Homeland Security that certificated airmen undergo. As previously determined by the Secretary, the requirement to have an airman certificate ameliorates security concerns over civil UAS operations conducted in accordance with Section 33.
 
I find the reasoning in second paragraph below comical. My reasoning?? A person with malicious intent is not going to get the certification anyway. If the FAA believes that they will make our homeland more secure with a statutory requirement, then I believe they are in dream land. Criminals or terrorists will not care about pilot certifications.

msinger said:
Here's a typical FAA comment from one of the exemptions they've recently approved:

Regarding the petitioner’s requested relief from 14 CFR 61.113(a) and (b) Private pilot privileges and limitations, Clayco requested regulatory relief to operate its UAS without an FAA - certificated pilot. Although Section 333 provides limited statutory flexibility relative to 49 USC§ 44704 for the purposes of airworthiness certification, it does not provide flexibility relative to other sections of 49 USC. The FAA does not possess the authority to exempt from the statutory requirement to hold an airman certificate, as prescribed in 49 USC§ 44711.

the FAA is requiring a pilot certificate for UAS operations for two reasons, the first of which is to satisfy the statutory requirements as stated above. The second is because pilots holding an FAA issued private or commercial pilot certificate are subject to the security screening by the Department of Homeland Security that certificated airmen undergo. As previously determined by the Secretary, the requirement to have an airman certificate ameliorates security concerns over civil UAS operations conducted in accordance with Section 33.
 
FAA is just another out of control federal agency... Like most of our government, their responses to citizens requests to legalize something so simple as taking pictures of houses with permissions has to become a victim of twisted logic and government uber control of society.

Drones are just one aspect of out of control government. Its getting worse every day.

IMO.
 
msinger said:
bald1eagle said:
the "Don't fly model aircraft for payment or commercial purposes" just doesn't fall into the same reasoning as the others......What's up with that??
Per 49 USC§ 44711:

A person may not serve in any capacity as an airman with respect to a civil aircraft, aircraft engine, propeller, or appliance used, or intended for use, in air commerce without an airman certificate authorizing the airman to serve in the capacity for which the certificate was issued
See more here:
http://www.law.cornell.edu/uscode/text/49/44711

Here's a typical FAA comment from one of the exemptions they've recently approved:

Regarding the petitioner’s requested relief from 14 CFR 61.113(a) and (b) Private pilot privileges and limitations, Clayco requested regulatory relief to operate its UAS without an FAA - certificated pilot. Although Section 333 provides limited statutory flexibility relative to 49 USC§ 44704 for the purposes of airworthiness certification, it does not provide flexibility relative to other sections of 49 USC. The FAA does not possess the authority to exempt from the statutory requirement to hold an airman certificate, as prescribed in 49 USC§ 44711.

the FAA is requiring a pilot certificate for UAS operations for two reasons, the first of which is to satisfy the statutory requirements as stated above. The second is because pilots holding an FAA issued private or commercial pilot certificate are subject to the security screening by the Department of Homeland Security that certificated airmen undergo. As previously determined by the Secretary, the requirement to have an airman certificate ameliorates security concerns over civil UAS operations conducted in accordance with Section 33.


Thanks msinger for your links...

I see myself as a generally informed person....more than some, less than others. They say ignorance of the law is no excuse. (who are "they" by the way) Here comes Mr & Mrs consumer wanting to get involved in a hobby for the family. WOW they say, look at these cool flying machines....be it planes, helicopters, quads or whatever. They buy said flying machine and just happen to have what use to be called "common sense". They realize said machine could bring harm to many things and we must be very careful where we fly. They have no idea about the actual "laws" of flying. Their flying machine just so happens to have camera on board!!! Wow look at these great photos and video they proclaim!!! Next thing you know they are photographing all the neighbors block parties, bday parties, weddings and so forth as a hobby, yet they are getting paid to do so from grateful folks. STILL no actual knowledge of the laws prohibiting them from doing so. This great family will never know that what they are doing is illegal and live in bliss. They're certainly not "stupid" for not knowing, they just live in their world.....

This goes on all around us. "Us" being the ones that have a hint of knowledge of the actual laws and shiver in the corners for fear of the horrible things we're doing with our flying machines....taking photos!!!! Gasp!!!!!

I for one literally fall asleep whenever I try to read any of the regulations. I have had the best naps this afternoon reading the links you brought forward....again thanks.

2 more cents
 
bald1eagle, I bet that exact scenario is going on all over the US. Also, there are many people doing it who know it's not legal and their clients don't care either. The problem is that it's impossible to get some types of clients because of things like this:

http://www.realtor.org/articles/nationa ... l-vehicles

But, depending on who your clients are, you could certainly get away with using a Phantom for commercial use in many places. Like the cops looking for speeders on the road, the FAA does not have time to catch everyone. Many will be able to fly under the radar it they don't cause a disturbance.
 
I know a lot of realtors in my area that will no longer hire people to do aerial work after the NAR issued that statement.
 
realtors hate to hire anyone if it cuts into their commission. They are notoriously cheap. They spend a day or two and want a 20,000 dollar commission. And I get it that you don't need quality aerial shots for spec houses on master-planned communities, But drone shots are ideal for larger estates and country property. It is ridiculous that the FAA is on a witch hunt for people who know what they are doing. It's an amazing technology. Why don't focus on enforcing GPS tracking on planes so they don't disappear.
 

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