FAA Issues Clarifications for Model Aircraft Users

FAA Issues Clarifications for Model Aircraft Users

FAA restates authority to take enforcement action against hazardous operation of UAS and model aircraft

The U.S. Department of Transportation's Federal Aviation Administration this week published a Federal Register notice on its interpretation of the statutory special rules for model aircraft in the FAA Modernization and Reform Act of 2012.

The guidance comes after recent incidents involving the reckless use of unmanned model aircraft/ UAS near airports and involving large crowds of people, FAA said.

Compliance with these rules for model aircraft operators has been required since the Act was signed on February 14, 2012, and the explanation provided doesn't change that, FAA said. I

FAA issues interpretation of 2012 Reauthorization Law, restates authority to take enforcement action against hazardous operations.

The notice is being issued to "provide clear guidance to model operators on the 'do's and don'ts' of flying safely in accordance with the Act and to answer many of the questions it has received regarding the scope and application of the rules."

Related: FAA Approves First Commercial UAS Flight Over Land

"We want people who fly model aircraft for recreation to enjoy their hobby – but to enjoy it safely," Transportation Secretary Anthony Foxx said Monday. "At DOT, we often say that safety is a shared responsibility, so to help, we are providing additional information today to make sure model aircraft operators know exactly what's expected of them."

Defining the rules
In the notice, the FAA restates the law's definition of "model aircraft," including requirements that they not interfere with manned aircraft, be flown within sight of the operator and be operated only for hobby or recreational purposes.

The agency also explains that model aircraft operators flying within five miles of an airport must notify the airport operator and air traffic control tower.

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The FAA reaffirms that the Act's model aircraft provisions apply only to hobby or recreation operations and do not authorize the use of model aircraft for commercial operations. The notice gives examples of hobby or recreation flights, as well as examples of operations that would not meet that definition.

"We have a mandate to protect the American people in the air and on the ground, and the public expects us to carry out that mission," said FAA Administrator Michael Huerta.

Related: Groups Ask for Faster Rulemaking on UAS Use

The law is clear that the FAA may take enforcement action against model aircraft operators who operate their aircraft in a manner that endangers the safety of the national airspace system.

In the notice, the FAA explains that the enforcement authority is designed to protect users of the airspace as well as people and property on the ground.

Engagement plans
The FAA will be working with its inspectors and model aircraft operators across the country to ensure they give standard information to the public on how to satisfy these statutory requirements and avoid endangering the safety of the nation's airspace, the announcement said.

The FAA is also developing a plan to work with the law enforcement community to help them understand the FAA's rules for unmanned aircraft systems, as well as the special statutory rules for model aircraft operators, so they can more effectively protect public safety.

The notice is effective immediately, FAA said, but the public can provide comment on the Federal Register. The comment period for the notice will close 30 days from publication in the Federal Register.

Source: FAA

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