lvspark
Posts: 348
Joined: 4/19/2002
From: WALLA WALLA, WA,
Status: offline
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[QUOTE]Originally posted by SydDythers
Anyhow lvspar, as far as it has been ascertained, cyber-flyer is probably not breaking the law taking his airplane that high...I have read topics in other forums on this very question and an aircraft needs to be of a certain size and weight before it comes under fcc regulations.
For example, what about model rocketry? I am not an expert in this area so I can't say for sure what the legalities of it are.
[/QUOTE]
First off, I like what cyber-flyer does, and I'm no angel or expert on this stuff either. Even if it has been ascertained, I would not like to be the guy that gets his plane spotted by a licensec aircraft at 20,000'. I am sure there are consequences. Remember the guy that strapped his butt in [URL=http://www.markbarry.com/amazing/lawnchairman.html]lawn chair [/URL] with a 6 pack, a BB gun, and a bunch of ballons?
When you talk with the FAA about high flying RPV, they are still trying to figure it out as well. At present, if you call it a model airplane, no big deal, but if you call it a UAV, they consider it an aircraft, and that aircraft has to conform to all regs as a standard aircraft would. Enable to fly one without any problems from them, you need to get a certificate of authorization witch can take up to 90 days, and you have to provide a boat load of information for thier review. I asked if I could fly during a high power rocket launch, that already had a COA, (to avoid the paperwork) and the FAA rep indicated that would probably be o.k. as long as they were notified.
[SIZE=1]
[Code of Federal Regulations]
[Title 14, Volume 1]
[Revised as of January 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 14CFR1.1]
[Page 5-15]
TITLE 14--AERONAUTICS AND SPACE
CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF TRANSPORTATION
PART 1--DEFINITIONS AND ABBREVIATIONS--Table of Contents
Sec. 1.1 General definitions.
Aircraft means a device that is used or intended to be used for
flight in the air.
Small aircraft means aircraft of 12,500 pounds or less, maximum
certificated takeoff weight.
[/SIZE]
Notice in the above definition, they use the word DEVICE....
It is an aircraft subject to rules governing its operation in the NAS.
There is definitions and sections in the CFR for [URL=http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_14/14cfr101_00.html]baloon, kite, rocket[/URL]
, but unmanned aircraft or model aircraft with camera at high altitueds is not listed anywhere. In fact, searching the entire CFR,DOT,and FAA I couldn;t find squat on this type of activity. I read that there is a commitee that is working on some preliminary stuff.
A small blip from an FAA regional homepage.. "It also involves protecting airspace for one time and/or period occurrences like laser, missile or unmanned air vehicle operations."
This is only my interpretation ... take it as you will...
BTW: Midairs only account for about 2% of air related fatalities in the USA by aircraft that are suppose to be opperated in a see and avoid manner (so I am told).
To the rest of you guys selling/promoting these Illegal transmitters... Find an new, legal, product to sell, and you won't have to constantly be defending yourselfs. 
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