The FAA published updated guidance on model aircraft operations Sept. 2 that reflect current law governing hobby or recreational use of unmanned aircraft.
Advisory Circular (AC) 91-57A replaces a previous guidance written in 1981.
The updated advisory circular reflects rules Congress wrote into Section 336 of the FAA Modernization and Reform Act of 2012, according to agency officials.
The updated advisory circular details the 2012 law’s description of a “model aircraft operation”:
- The aircraft is flown strictly for hobby or recreational use;
- The aircraft operates in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization (CBO);
- 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 CBO;
- The aircraft operates in a manner that does not interfere with, and gives way to, any manned aircraft;
- When flown within five miles of an airport, the operator of the model aircraft provides the airport operator or the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice of the operation; and
- Model aircraft operators flying from a permanent location within five 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).
The guidance stresses model aircraft operators must comply with all Temporary Flight Restrictions (TFR), that they may not fly in any type of restricted airspace without prior authorization, and that they should be aware of Notices to Airmen (NOTAMS) that address flights near federal facilities, stadiums, and other public and industrial areas.
The guidance also makes it clear that model unmanned aircraft operations that endanger the safety of the nation’s airspace, particularly careless or reckless operations and interference with manned aircraft, may be subject to FAA enforcement action.
FAA’s new “model aircraft” guidance does not reflect current law. Section 336 of the FAA Modernization and Reform Act of 2012 defines “model aircraft” and provides that, if a remotely piloted or autonomous aerial vehicle conforms to that definition, it is exempt from FAA regulation. You can read Section 336 here: http://www.gpo.gov/fdsys/pkg/CRPT-112hrpt381/pdf/CRPT-112hrpt381.pdf. FAA’s assertion that Section 336 prohibits anything, or requires anything, is absurd. It will be interesting to see what a Federal district court or a Federal court of appeals says about FAA’s “interpretation” of Section 336; courts give deference to Federal agency interpretations of statutes in their areas of expertise, but not to rank distortions.
Great! But the real question is, who knows or is even reading anything about these FAA UVA rulings besides the pilot population? The FAA needs to contact the Ad Council to do a national safety advertising campaign for the general public.