FAA Issues "Interpretation of the special rule for model aircraft"
#376
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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.
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.
#377
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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?
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?
#379
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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
#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
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
#383
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#384
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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?????
#385
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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.
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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.
#389
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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.
#391
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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 )
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.
#392
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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
"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
#393
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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.
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.
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
#394
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"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.
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.
#395
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.
#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.
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.
#397
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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.
#398
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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.
#399
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.
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.
#400
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.