FAA Issues "Interpretation of the special rule for model aircraft"
#876
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I think this is a good point, from a practical standpoint. If an airport operator really wanted to press the issue and ban nearby model aircraft operations, I am sure the FAA would take the airport's side, rather than siding with an AMA club. Granted, this could lead to a legal battle, and there is no way to tell what a Court would ultimately decide. Is anyone aware of any instances where and airport has successfully banned model aircraft operations?
Frank
#877
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Originally Posted by N410DC
I think this is a good point, from a practical standpoint. If an airport operator really wanted to press the issue and ban nearby model aircraft operations, I am sure the FAA would take the airport's side, rather than siding with an AMA club. Granted, this could lead to a legal battle, and there is no way to tell what a Court would ultimately decide. Is anyone aware of any instances where and airport has successfully banned model aircraft operations?
There was one club a year or two that was shut down in California near LA if I remember right.
Two clubs the AMPS and Sun Vally Flyers in Phoenix have been absolutely limited to 400' max altitude because of an indecent of a 40% just missing a full Scale with an examiner on board at the time. It wasn't the airport or the FAA it was the county because someone went to them and reported the incident and they took the action. These two Fields are on either side of Deer Vally airport in line with the runway at 3 miles and there are 2 flight schools operating out of there and there is quite a bit of traffic.
I think this is a good point, from a practical standpoint. If an airport operator really wanted to press the issue and ban nearby model aircraft operations, I am sure the FAA would take the airport's side, rather than siding with an AMA club. Granted, this could lead to a legal battle, and there is no way to tell what a Court would ultimately decide. Is anyone aware of any instances where and airport has successfully banned model aircraft operations?
There was one club a year or two that was shut down in California near LA if I remember right.
Two clubs the AMPS and Sun Vally Flyers in Phoenix have been absolutely limited to 400' max altitude because of an indecent of a 40% just missing a full Scale with an examiner on board at the time. It wasn't the airport or the FAA it was the county because someone went to them and reported the incident and they took the action. These two Fields are on either side of Deer Vally airport in line with the runway at 3 miles and there are 2 flight schools operating out of there and there is quite a bit of traffic.
#878
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According to 20 USCS § 7801(6), the term “community-based organization” means “a public or private nonprofit organization of demonstrated effectiveness that--
(A) is representative of a community or significant segments of a community; and
(B) provides educational or related services to individuals in the community.”
So per 20 USCS § 7801(6), the AMA is a CBO................ I would speculate that as mentioned in a previous post that the FAA lawyers are correct in that they have no statutory authority to approve a CBO. The AMA can self declare itself to be a CBO under US Code and it would be up to the FAA to prove that it is not for the purposes of section 336.
(A) is representative of a community or significant segments of a community; and
(B) provides educational or related services to individuals in the community.”
So per 20 USCS § 7801(6), the AMA is a CBO................ I would speculate that as mentioned in a previous post that the FAA lawyers are correct in that they have no statutory authority to approve a CBO. The AMA can self declare itself to be a CBO under US Code and it would be up to the FAA to prove that it is not for the purposes of section 336.
I declare that RCU is a CBO for my purposes.....didn't see any requirement for RCU to self declare to make it so, it just is by reason of what it does.
Man, I could warm up up to the notion of multiple CBOs; whole different ball game than THE CBO.
cj
#879
Unfortunately for you the Congress actually took the time to define what a CBO meant with regard to the FMRA section 336:
I'm not sure RCU meets any of those criteria. But nice try.
In this section the term ``nationwide community-based organization'' is intended to mean a membership based association that represents the aeromodeling community within the United States; provides its members a comprehensive set of safety guidelines that underscores safe aeromodeling operations within the National Airspace System and the protection and safety of the general public on the ground; develops and maintains mutually supportive programming with educational institutions, government entities and other aviation associations; and acts as a liaison with government
agencies as an advocate for its members.
agencies as an advocate for its members.
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[QUOTE=Silent-AV8R;11868003]Unfortunately for you the Congress actually took the time to define what a CBO meant with regard to the FMRA section 336:
I'm not sure RCU meets any of those criteria. But nice try.[/QUOTE]
I think it does. I'd like to find out what the authoritative position on this is, but I appreciate hearing your opinion unsure though it may be. I think either determination would be useful, whether AMA is is the only possible CBO, or not.
I'm not sure RCU meets any of those criteria. But nice try.[/QUOTE]
I think it does. I'd like to find out what the authoritative position on this is, but I appreciate hearing your opinion unsure though it may be. I think either determination would be useful, whether AMA is is the only possible CBO, or not.
Last edited by cj_rumley; 08-25-2014 at 06:38 PM.
#882
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http://www.faa.gov/regulations_polic...l95[1].pdf
and did not find the decinition of CBO you posted. Could you provide a link ???
Last edited by bradpaul; 08-25-2014 at 07:47 PM.
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Interesting......... I went back and re read Public Law 112-95-Feb. 14, 2012 which is the actual FAA Reauthorization Act
http://www.faa.gov/regulations_polic...PLAW-112publ95[1].pdf
and did not find the decinition of CBO you posted. Could you provide a link ???
http://www.faa.gov/regulations_polic...PLAW-112publ95[1].pdf
and did not find the decinition of CBO you posted. Could you provide a link ???
#886
Well, you are technically correct. But, if an airport does not want you to operate in their vicinity for any reason, they can and will stop you from operating. Therefore, you need permission. I think that permission is implied by the notification requirement. How else could you know that the right person received the notification and that they are truly aware of your operations?
.
.
Currently a airport can not stop RC flying in their vicinity without a valid reason and I suspect in most cases the airport would have to go to court to even try to do so. Why
would the FAA propose a rule change that would allow any airport to stop RC flying without a reason if they could already do so?
#887
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Unfortunately for you the Congress actually took the time to define what a CBO meant with regard to the FMRA section 336:
"develops and maintains mutually supportive programming with educational institutions, government entities and other aviation associations; and acts as a liaison with government
agencies as an advocate for its members."
Blah, Blah BS
I'm not sure RCU meets any of those criteria. But nice try.
"develops and maintains mutually supportive programming with educational institutions, government entities and other aviation associations; and acts as a liaison with government
agencies as an advocate for its members."
Blah, Blah BS
I'm not sure RCU meets any of those criteria. But nice try.
What a bunch concocted BS AMA hooey put forward to validate itself in 336...For those that may have ever wondered, despite tons of other evidence, what the AMA's true agenda is, it can be garnered in those few self-serving words that most AMAish will proudly buy in to and ever so blindly follow.
One things crystal clear about some people...they truly love being defined... by their idiotic and ever so clueless Con-gress...as they never miss an opportunity to cite some government goofiness to validate their own goofiness...LOL
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#890
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OK, If it is not in the final bill that became law and was eliminated in conference.
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Interesting......... I went back and re read Public Law 112-95-Feb. 14, 2012 which is the actual FAA Reauthorization Act
http://www.faa.gov/regulations_polic...PLAW-112publ95[1].pdf
and did not find the decinition of CBO you posted. Could you provide a link ???
http://www.faa.gov/regulations_polic...PLAW-112publ95[1].pdf
and did not find the decinition of CBO you posted. Could you provide a link ???
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So we have the FAA "interpreting" the "intent" of congress? Real confidence builder........................
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One problem is that that definition is contrary to the tradition of "community" meaning "local" and sure you could try to stretch "community" into "RC Modelers" but then the slippery slope of just about any group can claim to be a "CBO" for the activity they represent. Nationwide CBO is at it's best an oxymoron.
So we have the FAA "interpreting" the "intent" of congress? Real confidence builder........................
So we have the FAA "interpreting" the "intent" of congress? Real confidence builder........................
placing tightly worded restrictions through its “plain-language” interpretation of the text."
#894
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One problem is that that definition is contrary to the tradition of "community" meaning "local" and sure you could try to stretch "community" into "RC Modelers" but then the slippery slope of just about any group can claim to be a "CBO" for the activity they represent. Nationwide CBO is at it's best an oxymoron.
So we have the FAA "interpreting" the "intent" of congress? Real confidence builder........................
So we have the FAA "interpreting" the "intent" of congress? Real confidence builder........................
The concept of us borrowing the AMA safety code and adopting it for us is about the dumbest thing I ever heard of. Why bother, just let the AMA do all the work for us.
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The concept of us borrowing the AMA safety code and adopting it for us is about the dumbest thing I ever heard of. Why bother, just let the AMA do all the work for us.
*Avoid interfering with navigation of manned aircraft
*Don't fly over people or their things
*Comply with FAA directives restricting flight and/or flight envelopes of your model aircraft as may be promulgated, both standing and temporary
What else does the AMA SC have to do with avoiding conflicts within the spaces FAA is charged with maintaining the safety of navigating in and protecting people on the ground?
Any safety issues particular to a given modeling discipline should be handled within their respective SIGs. That is the way it is done in RCU.
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Makes more sense to me than developing safety-related material and protecting it as intellectual property, denying use by non-members for its presumed monetary and anti-competition value (copyrights, hiding it even from their own members). I have little but disgust for the basic moral issues that raises.
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Makes more sense to me than developing safety-related material and protecting it as intellectual property, denying use by non-members for its presumed monetary and anti-competition value (copyrights, hiding it even from their own members). I have little but disgust for the basic moral issues that raises.
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