FAA fine against drone photographer dismissed.
#1352
Senior Member
Join Date: Nov 2010
Location: Round Hill, VA
Posts: 1,359
Likes: 0
Received 0 Likes
on
0 Posts
From the published guidelines, it would appear as long as you are following the AMA guidelines, do not exceed 400', remain line of sight, fly in Type G airspace outside of an airport, they plan to leave us alone. Aircraft are limited to 55#, unless certified thru an agency (AMA is the only one I know of that currently has a program in the US). The next paragragraph after that basically creates whisteblower program that allows those who feel you are going outside those rules to notify the local FAA office for investigation. Sounds to me like they followed the AMA guidelines pretty closely, and are very adamant about recognizing commercial vs. non-commercial intentions. From my comprehension of this, there is more to come, and if you plan on doing anything for compensation you will require a license from some entity. It is not explained yet.
#1354
The fact that it does not limit the authority does not mean that it adds to the authority. They had guidelines before and the Judge threw out the case. However, the interpretation does put us and others on notice. I think the sUAV croud will have alot of comments. For models all they can do is publish guidelines as the example in the article I was refering to, becasue they cannot regulate model aircraft.
Last edited by Sport_Pilot; 06-24-2014 at 05:50 AM.
#1355
Senior Member
Join Date: Nov 2010
Location: Round Hill, VA
Posts: 1,359
Likes: 0
Received 0 Likes
on
0 Posts
The fact that it does not limit the authority does not mean that it adds to the authority. They had guidelines before and the Judge threw out the case. However, the interpretation does put us and others on notice. I think the sUAV croud will have alot of comments. For models all they can do is publish guidelines as the example in the article I was refering to, becasue they cannot regulate model aircraft.
The FAA can regulate any aircraft that violates the rules in the FAR and that is where this special rule is going. I advise you to download it and read it carefully.
#1356
My Feedback: (102)
SP don't confuse the issues. If you are classified as a "hobbyist" they will not prosecute. Take money or act otherwise and they will do so. It might be an extremely costly endeavor to pursue.
G
ENERAL.—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 communitybased
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 administered
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
G
ENERAL.—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 communitybased
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 administered
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
#1357
Senior Member
Join Date: Nov 2010
Location: Round Hill, VA
Posts: 1,359
Likes: 0
Received 0 Likes
on
0 Posts
SP don't confuse the issues. If you are classified as a "hobbyist" they will not prosecute. Take money or act otherwise and they will do so. It might be an extremely costly endeavor to pursue.
G
ENERAL.—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 communitybased
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 administered
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
G
ENERAL.—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 communitybased
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 administered
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
#1358
Actually, the judge threw out the case because the events took place before law was even signed.
#1359
Actually, the judge threw out the case because the events took place before law was even signed.
You are confusing the issue. My pirate joke is about the guide lines they issued. You are discussing the congressional law they are interpreting. But anyway the CBO rules are not laws. The FAA can only step in when you fly in front or near full scale aircraft. Well my interpretation anyway.
#1360
Senior Member
Join Date: Nov 2010
Location: Round Hill, VA
Posts: 1,359
Likes: 0
Received 0 Likes
on
0 Posts
The time the law was signeed doesn't matter. The issue is tha there was no regulation. A notification explaining their interpretation is not a regulation. Necessary step before writing a regulation perhaps.
You are confusing the issue. My pirate joke is about the guide lines they issued. You are discussing the congressional law they are interpreting. But anyway the CBO rules are not laws. The FAA can only step in when you fly in front or near full scale aircraft. Well my interpretation anyway.
You are confusing the issue. My pirate joke is about the guide lines they issued. You are discussing the congressional law they are interpreting. But anyway the CBO rules are not laws. The FAA can only step in when you fly in front or near full scale aircraft. Well my interpretation anyway.
As long as you fly according to CBO rules you are safe. Any accident will be just that and covered by insurance either your own home owners or the clubs insurance.
If you read the special rule, you will see that it is going into the FAR and will be enforceable. As I have told others it is now time for public responses to the FAA. You have 30 days.
#1362
Senior Member
Join Date: Nov 2010
Location: Round Hill, VA
Posts: 1,359
Likes: 0
Received 0 Likes
on
0 Posts
It is pretty reasonable. The only flaw that I have noted is that the LOS requirement will kill recreational FPV operations. They don't have an exception for the use of a buddy box. Cest la Vie!
#1363
https://www.facebook.com/dronelawyer?fref=nf
FAA's "interpretation" asserts for 1st time ever that model aircraft contests & sponsored pilots are prohibited http://t.co/EfwYbiR6Et
Last edited by bradpaul; 06-24-2014 at 03:24 PM.
#1364
Senior Member
Join Date: Nov 2010
Location: Round Hill, VA
Posts: 1,359
Likes: 0
Received 0 Likes
on
0 Posts
Well depends if you fly FPV, are a sponsored pilot or fly in competitions...................................... ....... this is from Brendan Schulman the lawyer that defended Trappy in the FAA case.
https://www.facebook.com/dronelawyer?fref=nf
FAA's "interpretation" asserts for 1st time ever that model aircraft contests & sponsored pilots are prohibited http://t.co/EfwYbiR6Et
https://www.facebook.com/dronelawyer?fref=nf
FAA's "interpretation" asserts for 1st time ever that model aircraft contests & sponsored pilots are prohibited http://t.co/EfwYbiR6Et
#1365
My Feedback: (3)
Well, I guess you won't mind if I hope you get the chance to experience a similar incident when with friends and family. Apparently according to your take (and that of others here), it should be safe enough - right?
I wonder how long it will be before the operator presses charges for the destruction of his/her property. Any bets?
#1366
Just what we did not need and the FAA wanted .................................................. ........
Quote from article: "The Pirates say once confronted, the man flying the drone admitted to doing it, saying he thought it would be fun."
http://pittsburgh.cbslocal.com/2014/06/27/man-flies-drone-over-pnc-park-during-game/
How STUPID do you have to be to fly a FPV multirotor at a major league baseball park over 36,000 spectators?
But as the article went on to explain (see the video), he may not have broken any laws or regulations.
Probably a member of "The Black Sheep Squadron".
Quote from article: "The Pirates say once confronted, the man flying the drone admitted to doing it, saying he thought it would be fun."
http://pittsburgh.cbslocal.com/2014/06/27/man-flies-drone-over-pnc-park-during-game/
How STUPID do you have to be to fly a FPV multirotor at a major league baseball park over 36,000 spectators?
But as the article went on to explain (see the video), he may not have broken any laws or regulations.
Probably a member of "The Black Sheep Squadron".
#1369
Member
Here's a interesting example - posted by a TV station, obviously FPV control, probably lower than 400 ft most of the time (but I dont know what height the firworks are usually set for). I doubt any manned aircraft could get the shots, and it is probably "art". https://www.youtube.com/watch?featur...&v=a9KZ3jgbbmI
#1370
Senior Member
My Feedback: (3)
Join Date: Apr 2003
Location: Orlando,
FL
Posts: 287
Likes: 0
Received 0 Likes
on
0 Posts
This is is why regulation is needed. Sorry, but it needs to be said. There's a difference between flying RC planes at a model flying field and stuff like this. Did the pilot consider any risks to the public? The AMA wants to defend people like this.
Here's a interesting example - posted by a TV station, obviously FPV control, probably lower than 400 ft most of the time (but I dont know what height the firworks are usually set for). I doubt any manned aircraft could get the shots, and it is probably "art". https://www.youtube.com/watch?featur...&v=a9KZ3jgbbmI
Last edited by jonnyjetprop; 07-05-2014 at 04:32 PM.
#1371
My Feedback: (4)
Well depends if you fly FPV, are a sponsored pilot or fly in competitions...................................... ....... this is from Brendan Schulman the lawyer that defended Trappy in the FAA case.
https://www.facebook.com/dronelawyer?fref=nf
FAA's "interpretation" asserts for 1st time ever that model aircraft contests & sponsored pilots are prohibited http://t.co/EfwYbiR6Et
https://www.facebook.com/dronelawyer?fref=nf
FAA's "interpretation" asserts for 1st time ever that model aircraft contests & sponsored pilots are prohibited http://t.co/EfwYbiR6Et
i see zero evidence that normal model competitions for trophies or awards is affected.
Full scale air racing private pilots are currently allowed to have equipment and cash sponsorships.
Another easy solution for current sponsored RC pilots is to assert that they are not getting free equipment that could be called reimbursement, but that they are in fact doing reviews, durability testing and in service testing of aircraft and equipment. An occasional report to the manufacturer should be easy enough. How could the FAA prove otherwise?
Last edited by Thomas B; 07-06-2014 at 07:12 AM.
#1373
My Feedback: (4)
Given the extreme inconsitency of the FAA response when compared to other policies that the FAA has, I predict much of their position will not stand up in the enevitable legal proceedings.
#1374
Thread Starter
I would say, that it doesn't matter if the competitor is given something for winning a match, or wins a free car wash. It's still likely to be considered by the FAA as a "demonstrating acrobatics on a model plane for pay" or something like that. I'll voice my opinion here: I think the AMA and that congressman should have stepped out of the rule making progress. Had it not been for 336, I'm sure the modelers would have far fewer restrictions. And who knows? Maybe Dominos could have been delivering pizzas without weaving through traffic by now.
#1375
Had it not been for 336, I'm sure the modelers would have far fewer restrictions.