Originally Posted by
Thomas B
Hoss, there is precedence in the FAA regulations for a situation where "notify" is all that is required for an aeromodeling activity.
The rocketry folks were able to get the FAA to agree to be notified (only) when modelers are operating what are termed "mid size" rockets (more than one pound, but not to exceed 3.3 lbs and not to exceed 4.4 oz of propellant) are being operated. The FAA does not have to give permission. It is in place and operating.
I feel that model aircraft operating within 5 miles of an airport would fulfill all safety needs by using the notification only system that was in 336, plus the AMA document you links above. The FAA is overstepping the letter of the law in 336 which states they are to be notified only.
There has already been a report that an airport operator who was approached since June 24 suggested that if modelers wanted to fly within 5 miles of an airport, they had better consider getting a sport pilot license. Unbelievable. If the FAA requirement for permission is allowed to stand, there will at least 50 different interpretations of what is allowed or not allowed for ever 75 airports of ATCs asked.
The model industry and the AMA need to team up, lawyer up and do battle in the courts and on Capitol Hill so that we get the degree of model aircraft operating freedom intended in 336 and not be subject to the FAAs capricious and overreaching interpretation of 336. I will put some money where my mouth is, in support of this legal action, even though nothing in the FAA letter actually affects me and where and how I fly.
In all reality, there has been a number of changes in the aeromodeling world since your precedence was set. The number ONE ( # 1) problem is this DRONE society
where anyone-and-all can tour the skies from the ground below it, to out-of-sight in the sky. While FAA can be a #1 stinky T_ _ D, they are going to win until a Court Decision is in their favor. In civil courts, unless it is a plain-view situation,
the most money wins. BTDT. That is why lawyers are well compensated.
Personally, if a RC club just has to fly within the 5 mile area of an active airport, then in my opinion as both an active RC flier and many years (41) ACTIVE aviator I am on the side that advising the local air-traffic person/s does not seem to be too much for the RCers to do. Well, if it is, I am sorry for them, but they need to live in a real world like most real people do.
I belong to 3 RC Clubs. Two I seldom get to. The main one, I financed with a large loss of money ($250,000.oo) that could have been enriching my portfolios, over some 10+ years. Check
www.jetero.com for a facility that
owns 50 acres and a nice RC facility. Now some 18 years later, a large number of the membership think they are the ruling class and some think they do not have to observe AMA and/or Club member rules. The officers get re-elected because they look the other way when rules are being broken.
In this day and age, most government entices are going to take the
easy way and whatever way creates the least amount of labor, from above. That means that real people like those that have personal entertaining hobbies and or labors, will only hurt themselves if they insist on "...being RIGHT...". RCers can create / buy / etc. all kinds of very expensive model stuff, but they balk at having to spell out a few bucks to lease or purchase a facility of their own.
Something as simple as calling in to an airport facility for permission to fly this day seems to me to be very simple and not worth the fact that they are endangering their situation and the situation of the entire hobby-sport.
Besides when the Revolution comes, you ain't gonna' be flyin' any RC models fer fun!!! Git muh drift thar Ol' Pard!