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Have FAA rules been relaxed for hobbyists?

Discussion in 'General Discussion' started by MacDyver, Feb 22, 2016.

  1. MacDyver

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    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 adminis- tered 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.

    (c) MODEL AIRCRAFT DEFINED.—In this section, the term ‘‘model aircraft’’ means an unmanned aircraft that is—

    (1) capable of sustained flight in the atmosphere;

    H. R. 658—68

    (2) flown within visual line of sight of the person operating the aircraft; and

    (3) flown for hobby or recreational purposes.

    Section (2) does have me a wee bit concerned, Are hobbyists now MANDATED to join the AMA to be considered recreational users / hobbyists?

    I also see there is no longer any prohibition for night operations.

    Local and State agencies do appear to be increasingly creating strict guidelines on where we can takeoff, operate and land, I wonder how this will be interpreted by the FAA as far as being the only agency to regulate airspace and challenges over aerial photography and videography.

    I am aware this topic has been beaten like a red headed step child but it is in fact a fluid and relevant topic!
    (Why red HEADED, instead of red Haired? Now thats a topic to discuss!)

    Anyway the changes were dated 1/11/2016
     
  2. RaptorMan

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    It's more like the rules making is a matter of throwing stuff against a wall and seeing what sticks. It's pretty much impossible to keep up with this and with every third day some new statement or rule or proposal is floated. Add if the state and local rules, which now seem to be taking on greater weight if the statement "(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;" is to be taken literally, we can now expect 50 different state rules and potentially thousands of different local rules. If this is what we're getting no lawyer on the planet would be able to keep up so everyone will be in violation whether they know it or not.

    It's looking more and more like the only folks that will be able to comply will be high paid pro's that can afford an on staff lawyer and can bring with them security personnel and equipment to marshal the area being flown in. And, the cost differential between helicopter operation and drone operation is rapidly disappearing and could in fact wind up with drone operation being more expensive.


    Brian
     
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  3. slim.slamma

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    The FAA's consideration of BVLOS operations comes amid intense pressure from Congress and companies who say the technology, originally developed for the military, is already being used in other countries. Failure to adopt the technology, they argue, could stifle the nascent U.S. market for commercial drones.

    Busine$$ always trumps safety.

    But the Air Line Pilots Association, which opposes beyond line of sight operations because of safety reasons, said such operations would come with "unacceptable risk
     
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  4. slim.slamma

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    Mandated or follow FAA guidelines
    Same thing but I'm starting to think a community based organization might mean like Amazon delivery or as @damoncooper mentioned a bvlos group on a long distance thread. Organizations testing new tech
    Intel and AT&T working on 4G LTE enabled drones for higher, longer flights | #MWC16
     
    #4 slim.slamma, Feb 24, 2016
    Last edited: Feb 24, 2016
  5. MacDyver

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  6. kcobello

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    Look at the new Micro Drone rule being proposed. Basically lets you 4.4lbs and under do anything outside the 5 mile airport rad. Under 400' LOS, etc, but you can commercial it, (take payments) with NO cert, FAA docs, no anything and it kinda just pisses me off. Sorry.. I hope I am wrong.....
     
  7. Bryan Conover

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  8. slim.slamma

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    knitting/knitwear might help:D
     
  9. slim.slamma

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