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Old 02-16-2012, 09:28 AM
  #446  
JohnShe
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Default RE: Regulation passed the House


ORIGINAL: KidEpoxy

JohnShe
Not "approved", that is not what I said.The operational guidelines must be "accepted" by the FAA or else the FAA is free to regulate the activity. The law is clear.
JohnShe, rather than just asking us to believe you,
could you quote where congress says cbo docs must be given to ANY fed boys,
and highlight the word 'required' in the citation
(or its synonym like SHALL or MUST etc)
First off, KidEpoxy, your contempt for teh AMAand government is showing. Now...

Read the law, it is perfectly clear.



SEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT.

(a) IN GENERAL.—Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this subtitle, the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft, if

(1) the aircraft is flown strictly for hobby or recreational use;

(2) the aircraft is operated in accordance with a community based set of safety guidelines and within the programming of a nationwide community-based organization;

(3) the aircraft is limited to not more than 55 pounds unless otherwise certified through a design, construction, inspection, flight test, and operational safety program administered by a community-based organization;

(4) the aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; and (5) when flown within 5 miles of an airport, the operator of the aircraft provides the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice of the operation (model aircraft operators flying from a permanent location within 5 miles of an airport should establish a mutually-agreed upon operating procedure with the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport)).

(b) STATUTORY CONSTRUCTION.—Nothing in this section shall be construed to limit the authority of the Administrator to pursue enforcement action against persons operating model aircraft who endanger the safety of the national airspace system.

(c) MODEL AIRCRAFT DEFINED.—In this section, the term ‘‘model aircraft’’ means an unmanned aircraft that is

(1) capable of sustained flight in the atmosphere;

(2) flown within visual line of sight of the person operating the aircraft; and

(3) flown for hobby or recreational purposes.

Congress is directing the FAA to regulate the use of drones in public airspace. While, at the same time, telling the FAA that they cannot regulate model aviation operations that meet the criteria and definitions given in the special rule. It is up to the FAA to determine that these criteria and definitions are met. It is up to the AMA to demonstrate that they meet these criteria and definitions. The law is clear.

The AMAhas already approached the FAAhand has a working relationship with them. We know that the AMA is a CBO, we know that the FAA can accept the AMAas a CBO and is likely to accept them although that has not been officially announced by the FAA. We know that the AMAhas a set of guidelines that can meet the concept of guidelines in the law, but that has not been officially announced either.

But, I am confident that the FAAand the AMAare working in our best interest.