RCU Forums - View Single Post - Does "purpose" determine the required regulations?
Old 06-02-2011 | 06:16 PM
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bradpaul
 
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From: Apopka, FL
Default RE: Does


ORIGINAL: Silent-AV8R

I think you mean FAA and not the FCC!

Also, FWIW, the EC has voted to change the wording of the infamous comma sentence. Here is the new wording:

To clarify the actual intent, GENERAL, item 2.(c) was rewritten to read: When within three (3) miles of an airport, notify the airport authority and air traffic control (ATC) where applicable, and will not fly higher than approximately 400 feet above ground level unless otherwise agreed upon by the airport authority and/or ATC (where applicable).
With regard to AC 91-57, recognize what the legal definition in the sense they are using it os ''authority''. AC 91-57 is still a Guidance and they say as much. They say follow the guidence of AC 91-57. They do not say ''comply'' with it. Careful legalese to be sure. They know that the AC carries no force of law.

But they are clearly drawing the line with regard to commercial non-hobbyist uses.

7. Operations.

a. Types and Authority. Current FAA policy for UAS operations is that no person may operate a UAS in the NAS without specific authority.


(3) Hobbyist.

(a) Hobbyists should follow the guidance contained in Advisory Circular (AC) 91-57.

(b) For model aircraft, the authority is AC 91-57.

NOTE
The FAA recognizes that people and companies other than modelers might be flying UAS with the mistaken
understanding they are legally operating under the authority of AC 91–57. AC 91–57 only applies to modelers and
specifically excludes its use by persons or companies for business purposes.

As the authority for UAS Hobbyist operations (see above) is FAA AC 91-57, please explain how you can fly without complying with AC 91-57. If you willfully do not follow the guidance that the FAA states that you "should follow" what is your authority?....... the opinion of the AMA? Not sure the AMA gains any credibility by playing semantics with the FAA.

Brad