On June 23, 2014, the U.S. Federal Aviation Administration (FAA) released an interpretation of the special rule for model aircraft in the FAA Modernization and Reform Act of 2012. This clarification followed several incidents involving commercial use of Unmanned Aircraft Systems (UAS) and the FAA’s enforcement authority over these model aircraft.
Section 336 of the Act prohibits the FAA from promulgation rules or regulations for model aircrafts so long that certain statutory requirements are met. The FAA’s interpretation serves to clarify the criterion which constitutes a model aircraft in order to distinguish which UAS the FAA may take enforcement action against.
To be classified as a model aircraft, the aircraft must operate in accordance with a community-based set of safety guidelines within the programming of a nationwide community-based organization, weigh less than 55 pounds at the time of operation, be flown within the visual line of sight of the operator, be operated only for hobby or recreational purposes, and must not interfere with manned aircraft. Model aircraft operators flying within five miles of an airport must notify the airport operator and air traffic control tower.
To be flown within the visual line of sight the aircraft must be visible at all times to the operator through the operator’s own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the aircraft. Persons other than the operator may not be used in lieu of the operator for maintaining visual line of sight. The use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggles designed to provide a “first-person view” from the model are prohibited because they limit the operator’s field of view.
The FAA also clarifies which aircraft operations are considered recreational and which are considered commercial, reaffirming that the Act’s model aircraft provisions apply only to hobby or recreation operations. While the interpretation does not clearly define recreational or commercial operations, it provides several examples to distinguish the two, such as flying a model aircraft at the local model aircraft club versus receiving money for demonstrating aerobatics with a model aircraft. Essentially, operations that are in furtherance of a business, incidental to a person’s business, or that result in some sort of monetary compensation do not qualify as hobby or recreation.
The FAA also emphasizes that the commercial use of model aircraft is unauthorized and that it will take enforcement action against model aircraft operators who fly their aircraft for commercial purposes or in a manner that endangers the safety of the national airspace system.
The FAA interpretation can be found here. The public can comment on the interpretation until July 23, 2014.
For more information please contact Glenn Wicks or Ronce Almond at (202) 457-7790.