The U.S. Department of Transportation's Federal Aviation Administration (FAA) has 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.
Compliance with these rules for model aircraft operators has been required since the Act was signed on Feb. 14, 2012, and this notice does not change that fact. The FAA explains it is issuing the notice to provide clear guidance to model operators on the rules 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.
“We want people who fly model aircraft for recreation to enjoy their hobby – but to enjoy it safely,” says Anthony Foxx, transportation secretary.
In the notice, the FAA restates the law’s definition of “model aircraft,” including requirements that they do not interfere with manned aircraft, are flown within sight of the operator and are 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.
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.
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 this enforcement authority is designed to protect users of the airspace, as well as people and property on the ground.
The FAA says it 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 FAA is also developing a plan to work with the law enforcement community to help them understand the rules for unmanned aircraft systems, as well as the special statutory rules for model aircraft operators, so they can more effectively protect public safety.
While the notice is immediately effective June 20, the agency is accepting public comments for 30 days.
The FAA's notice can be found here.