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FAA Issues "Interpretation of the special rule for model aircraft"

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FAA Issues "Interpretation of the special rule for model aircraft"

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Old 07-10-2014, 05:34 PM
  #376  
r_adical
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Originally Posted by Bob Pastorello
cj_ - ANY event, of any kind, with prizes offered will be hard-pressed to *not* be "Commercial", and since LHS', and manufacturers' and distributors *provide* such prizes, under the current interpretation - ALL of that is dead meat, fini, DONE. If the FAA doesn't carve out an "exemption" for model aircraft activities.

Since the FAA doesn't know come here from sic' em about how the REAL RC industry operates,
I expect, as many do, that they will ignore the carving out requests, continue on with the unilateral prohibition of all "commercial" operations and treat ALL of them as FAR Part 91 operations, just like their Full Scale counterparts.

In essence, party over, fat lady sung, last one out turn off the lights.
While I sincerely respect your opinion I hope you are wrong
Old 07-10-2014, 05:47 PM
  #377  
Bob Pastorello
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Originally Posted by r_adical
While I sincerely respect your opinion I hope you are wrong
Believe me, ** I ** sincerely hope that I am wrong, and would be THRILLED to be wrong.

My pessimism is due, in part, to the fact that we ( the RC model world in the US ) have the AMA to do battle with "Big Brother". How's that gonna go, ya think?
Old 07-10-2014, 05:55 PM
  #378  
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Originally Posted by Bob Pastorello
Believe me, ** I ** sincerely hope that I am wrong, and would be THRILLED to be wrong.

My pessimism is due, in part, to the fact that we ( the RC model world in the US ) have the AMA to do battle with "Big Brother". How's that gonna go, ya think?
Like the Titanic merging with ice!!! Especially if they don't separate the modeling aspect from the FPV/ UAV aspect.
Old 07-10-2014, 07:03 PM
  #379  
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Originally Posted by Bob Pastorello
Believe me, ** I ** sincerely hope that I am wrong, and would be THRILLED to be wrong.

My pessimism is due, in part, to the fact that we ( the RC model world in the US ) have the AMA to do battle with "Big Brother". How's that gonna go, ya think?
You have the option to make your case in comments directly to FAA for a another week or two. It doesn't take thousands of replies that say "'you guys suck" or the frequent armchair lawyering. One concise and well thought out request for considering the unwanted side effects of their interpretation as stated would probably be more likely to get results. They may not even have considered the impact on vendors to our hobby it would have. I didn't until you replied to my query, and I'm no stranger to the hobby, but don't often attend events where sponsored pilots do their thing. FAA needs to be able to distinguish between our RC models and civil or public sUAS that may be physically identical in all respects, even the same aircraft taken from the recreational flying role into a commercial pursuit like AP for a realtor, and back again to recreational use. The same model in commercial pursuit probably will break the most basic safety guidance "don't fly over people or their property" that is accepted standard for recreational use that probably doesn't get violated very often. If you can provide any answers to as to how commercial activities you want to happen can remain clearly separable from those that pose more of a safety hazard and so should be regulated, you might have a winner. I used 'you' in the collective sense, and expect that vendors with special interest in this issue probably already have.
AMA bigshots may be doing battle with 'Big Brother' but I don't believe FAA considers model airplane operators and suppliers as adversaries. They haven't acted like they do................yet.

cj
Old 07-10-2014, 08:49 PM
  #380  
Bob Pastorello
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I sent my comment several days ago, and did include suggestions about how they could carve out exemptions for the incorrectly labeled commercial ops. So have others: we all must wait.
Old 07-11-2014, 04:49 AM
  #381  
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And Happy Friday....another saga of multiple issues from New York City. Interestingly, the writer has the regs and status of current operations correct. Go figure.
BAD press, because it highlights misuse....GOOD press because they aren't even mentioned or referred to at all as "models"....Enjoy!

http://news.yahoo.com/york-police-se...l?soc_src=copy
Old 07-11-2014, 07:22 AM
  #382  
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[h=1]Amazon seeks US permission for drone tests:[/h]
http://finance.yahoo.com/news/amazon...134852775.html
Old 07-11-2014, 10:12 AM
  #383  
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Originally Posted by HoundDog
Amazon seeks US permission for drone tests:


http://finance.yahoo.com/news/amazon...134852775.html
Bezos just wants publicity. If he were serious, he could go to any of the official test areas with a proposal and start testing. The jerk doesn't have a clue.
Old 07-11-2014, 10:40 AM
  #384  
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Originally Posted by JohnShe
Bezos just wants publicity. If he were serious, he could go to any of the official test areas with a proposal and start testing. The jerk doesn't have a clue.
But he is a mega Democratic donor/fund raiser and a friend of POTUS................. wonder how that will figure into getting an exception from the FAA?????
Old 07-11-2014, 11:10 AM
  #385  
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Originally Posted by bradpaul
But he is a mega Democratic donor/fund raiser and a friend of POTUS................. wonder how that will figure into getting an exception from the FAA?????

He doesn't need and exception, 4 of the 6 test areas are open. He just has to takes his toys there and start playing.
Old 07-11-2014, 11:15 AM
  #386  
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http://www.forbes.com/sites/gregorym...limit-flights/

Not many responses
Old 07-11-2014, 11:47 AM
  #387  
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Originally Posted by mr_matt
The idiot who wrote that post can't be playing with a full deck. He conflates drone with model aircraft incorrectly in several different ways. He assumes that there are an incredible number of drone users effected by a recreational model aircraft ruling, when only model aircraft users are effected. He doesn't have a clue what the FAA modernization act actually says. Should I go on?

Maybe he is right about one thing. Only 3200 people have responded to the FAA interpretation of section 336. Considering the number of AMA members, that is pretty pathetic. All yo guys have been complaining about the FAA where are you? Now is your Chance to have a voice.
Old 07-11-2014, 11:49 AM
  #388  
Thomas B
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Over 3200, now.

Not nearly enough, even though the comments are unlikely to change anything. We still need to express ourselves and get on the record.

This will get litigated at some point and we will have to hope for the best.
Old 07-11-2014, 11:58 AM
  #389  
Thomas B
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Originally Posted by Bob Pastorello
Believe me, ** I ** sincerely hope that I am wrong, and would be THRILLED to be wrong.

My pessimism is due, in part, to the fact that we ( the RC model world in the US ) have the AMA to do battle with "Big Brother". How's that gonna go, ya think?
Given that the FAA carved out over time a number of interesting exceptions for Private pilots being compenstated for their flying activities, there will be some precedent to challenge the FAA on this topic and to carve out some exceptions for modelers as well.

I posted elsewhere about some of these. The exceptions include:

Pivate pilots can tow gliders and banners and get paid to do it.
Private pilots can give aircraft demo rides for sales and publicity purposes.
Private pilots can participate in various competitions such as air races and precision flying competitions while having paid sponsors and the ability to win cash prizes.

I think the FAA will not be able to successfully defend their position on their interpretation of model related commercial activities in court.

I agree that we need to focus on the R/C demo pilots and prize area and work for action from the FAA on this. The other items in the letter will ahve to be whittled at over time.
Old 07-11-2014, 11:59 AM
  #390  
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Originally Posted by Thomas B
This will get litigated at some point and we will have to hope for the best.

I am starting to think this way as well.
Old 07-11-2014, 12:32 PM
  #391  
Bob Pastorello
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Originally Posted by mr_matt
I am starting to think this way as well.
If it ends up like other FAA precedents developed from case findings....it means poor schmucks will have to get "tagged", violated, fined, and prosecuted and it will be THOSE INDIVIDUALS' BURDENS to handle the litigation per case. I'm betting there won't be an AMA attorney within a zillion miles of those as they arise, but as you all know by now, I'm pretty pessimistic about "AMA Activism and Advocacy".

What I foresee are nolo contendere pleas bargained for reduced fines by individuals alleged to have violated something-or-other because average Joe Schmuck (me, absolutely) couldn't raise capital for extended us-v.s.-them legal battles.

(For additional insight, see my signature )

Last edited by Bob Pastorello; 07-11-2014 at 12:34 PM.
Old 07-11-2014, 12:38 PM
  #392  
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Originally Posted by Thomas B
Based on this quote from a FAA lawyer, I have to agree with you that the comments are unlikely to do much. The FAA has made up its mind and we will have to fight the good fight.

"Although the public is invited to comment (the deadline is July 23), don’t expect a lot of changes, Mark Bury, a lawyer in the FAA Chief Counsel's office told a June 26 symposium on unmanned aircraft sponsored by the law firm of McKenna, Long & Aldridge. “We’ve laid down our interpretation of the statute,” said Bury, who is a lead attorney on UAS matters in the FAA. “That is our interpretation that we’re going to apply moving forward. So we’re looking for comments to see if there are any ways that we need to modify that interpretation, to address unintended consequences, for example. But that interpretation, we don't expect it to change very much, if at all, from what is published in the Federal Register.”"

The full article and these comments can be found at:

http://www.insidegnss.com/node/4074
I agree that the FAA is highly unlikely to give up their crusade based on these comments. However, as Mr. Bury says, the FAA may make small changes to avoid "unintended consequences." These changes could mean a lot. I have a hard time believing that the FAA wants to prohibit MA manufacturers from paying their staff to flight test and demonstrate their products for hire. I think the intent of the interpretation is to prevent people or companies from flying model aircraft as a means of directly generating revenue in a commercial endeavor (e.g. commercial aerial photography, or a news station using a drone to provide live video coverage of a news story.) the If enough people comment that the current interpretation is too broad, perhaps they will modify the interpretation to something a little more reasonable (e.g. "individuals who are employed by or sponsored companies that develop and manufacture model aircraft [or accessories for model aircraft] may be compensated for flying model aircraft, provided that (1) the aircraft is being developed solely for hobby and recreational use, and (2) provided that the flight is conducted solely for research and development or demonstration purposes.") Furthermore, comments may help the FAA realize that asking R/C pilots to call a busy FAA control tower every time they want to take off and land could lead to a high call volume, which may have an adverse effect on control tower operations.
Old 07-11-2014, 03:48 PM
  #393  
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Originally Posted by Thomas B
I think the FAA will not be able to successfully defend their position on their interpretation of model related commercial activities in court.

I agree that we need to focus on the R/C demo pilots and prize area and work for action from the FAA on this. The other items in the letter will ahve to be whittled at over time.
Perhaps you're right about the need to take FAA to court to fight the travesty of FAA interpretation of 336 as it affects the demo pilots and contest prizes. What else are the AMA lawyers to do now?

I note a deafening silence in this thread about the specter of the NPRM and the all its evils FAA would unleash on modeldom, and what AMA lobbied Congress to protect us from, proactively. I take it that nobody here gives a tinker's dam about that anymore, since 336 prevents FAA from regulating MA when the operators are in accordance with AMA safety guidelines and programming. That preempts any oppressive FAA regulation AMA envisioned was in store for us via sUAS rulemaking, no?

AMA WON! I don't understand why all the mewling from the peanut gallery after the dragon has been slain. There ought to be jubilation! What Ingrates we are....tsk....bunch of guys that can't take 'Yes' for an answer.

cj
Old 07-12-2014, 04:36 PM
  #394  
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Default "flown within visual line of sight"

interesting comment from another web forum.......

I oppose FAA's new "definition" of model aircraft, specifically the banning FPV flight. The reasoning to outlaw FPV is based on the wording of "flown within visual line of sight of the person operating the aircraft".


The entire argument is based on the idea that if you are wearing goggles you are not flying the aircraft using visual line of sight. Flown within visual line of sight does not mean flown using visual line of sight. This is slight but very important difference. Flying within line of sight is referring to a distance and environment not a method of flight.


An example:
If I fly in an empty field and fly within the range I can see, I'm flying "within visual line of sight". Regardless of using "goggles" or not. If I do something reckless the FAA still has the authority to prosecute me under the premise that I would be endangering the NAS. There is no need to redefine what a model aircraft is when flying "within visual line of sight" is already clear.
Old 07-12-2014, 05:47 PM
  #395  
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Ye gads! Not to start anything but, to me, that sounds like another example of "what is the meaning of 'is'"? To me, and I may be wrong, VLOS means I'm standing there - watching my aircraft. To me, it's quite simple. But, I may be wrong.
Old 07-12-2014, 06:10 PM
  #396  
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Thanks Bradpaul for re-posting. Personally I think that is the dumbest interpretation I have ever read!

Met with a couple of full scale commercial pilots today (also R/C'ers) and they agree with the FAA interpretation concerning FPV.Your re-post would make them laugh!

An FPV pilot CANNOT see the full sky surrounding their model aircraft, period! Full scale pilots need their head on a swivel to see & avoid other aircraft. Looking through FPV goggles does not provide that capability no matter how one wants to defend FPV flying.

They also thought the compensation part was overreaching for modelers, however they noted if a full scale pilot with a private ticket accepts any form of compensation they are violating FAA rules. You must have a commercial ticket to legally do that. Not saying it does not happen but FAA will pull your ticket if reported or caught.

Based on their years of dealing with FAA rules they think (and agree) the FPV interpretation will stick. The compensation part may find some wiggle room.
Old 07-12-2014, 08:03 PM
  #397  
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Originally Posted by Dick T.
They also thought the compensation part was overreaching for modelers, however they noted if a full scale pilot with a private ticket accepts any form of compensation they are violating FAA rules. You must have a commercial ticket to legally do that. Not saying it does not happen but FAA will pull your ticket if reported or caught.
Not exactly true. A private pilot is allowed to be compensated by a passenger for the passenger's fair share of expenses....half the fuel cost, for example.
Old 07-12-2014, 08:37 PM
  #398  
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Originally Posted by radfordc
Not exactly true. A private pilot is allowed to be compensated by a passenger for the passenger's fair share of expenses....half the fuel cost, for example.
True. Private Pilots can also get reimbursed expenses in many other situations as well.

The AMA made a good point: when it comes to compensation for pilots, the FAA is trying to put more restrictions on modelers that they impose on private pilots.
Old 07-12-2014, 09:06 PM
  #399  
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Originally Posted by JohnShe
The idiot who wrote that post can't be playing with a full deck. He conflates drone with model aircraft incorrectly in several different ways. He assumes that there are an incredible number of drone users effected by a recreational model aircraft ruling, when only model aircraft users are effected. He doesn't have a clue what the FAA modernization act actually says. Should I go on?

Maybe he is right about one thing. Only 3200 people have responded to the FAA interpretation of section 336. Considering the number of AMA members, that is pretty pathetic. All yo guys have been complaining about the FAA where are you? Now is your Chance to have a voice.
Actually he seems to have it correct. Those rules against model aircraft would likely apply to sUAV as well, So the drone fans should be commenting as well. I think many have resigned to the fact that this will have to be done in court. But the court fees will mean higher AMA fee's.
Old 07-12-2014, 09:11 PM
  #400  
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Originally Posted by skylark-flier
Ye gads! Not to start anything but, to me, that sounds like another example of "what is the meaning of 'is'"? To me, and I may be wrong, VLOS means I'm standing there - watching my aircraft. To me, it's quite simple. But, I may be wrong.
.

VLOS is not an aviation term but is borrowed from the electronics industry. A GPS satellite is VLOS but you will not be able to see it without a telescope.


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