I spoke with and emailed a FAA personal today and this is what his reply to me was.
My email is in blue and his response in black.
To: Hanes, Steven A (FAA)
Subject: Re: FAA UAS Policy / Regulations
Hello Mr. Hanes,
I wanted to take the time to thank you for your quick telephone response this morning. It was greatly appreciated. As mentioned, I currently hold my AMA and am very active within the radio control community and have been flying all variations of model aircraft safely and respectfully for approximately 15 + years now.
In addition, I am also currently flying quadcopters weighing less than 5 pounds under 400 feet altitude away from airports per FAA guidelines that carry a camera. Lately I have been requested to take aerial photographs for realtors to use in their listings.
After our conversation, I took out of it that the FAA is currently not searching or seeking out people who are doing this. Although if someone has a credible complaint, then will the FAA contact the person who is flying the UAS and ask for them to stop.
Also mentioned, I have a link I am forwarding to you of an attorney who closely follows UAS's as it regards to what is actually written in law.
As I have read the link several times, it appears that there is no law that forbids the use of quadcopters or UAS's for use of commercial purposes.
Could you be so kind to fact check this as it pertains to the actual law?
http://dronelawjournal.com
Thanks again for your time Mr. Hanes.
Respectfully yours,
An interesting interpretation from his perspective however despite his argument that there is no public law establishing regulations pertaining to UAS / Droned /Radio control model aircraft he also does not make mention that On February 14, 2012 the President signed into law the FAA Modernization and Reform Act of 2012 (PL 112-95), which established in Section 336 a “special rule for model aircraft.” This provision defines model aircraft as aircraft. Commercial UAS operations are prohibited without FAA authorization. The statute requires model aircraft to be flown strictly for hobby or recreational purposes and within the operator’s Visual Line of Sight (VLOS).
PL 112-95 Section 336:
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 of
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.
Therefore, if flown in accordance with the conditions of 1 thru 5 the FAA does not get involved. Outside of conditions 1 thru 5 a UAS / Drone would be considered a Drone.
And in the end, the FAA’s current policy regarding interpretation of the term “for hobby or recreational use” means no operations for hire or in the promotion of or furtherance of a business.
Steve Hanes
Supervisory Inspector