RCU Forums - View Single Post - Question re effectuality of PL 112-95 Sec 336
Old 09-05-2014, 03:48 PM
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eddieC
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From 336:

(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)).
What 'interpretation' are you talking about? Your own? Nothing in there about the airport operator flat-out prohibiting models, just a 'mutually-agreed upon' procedure.

As for those "appellate court rulings" you refer to, (1) they aren't rulings by appellate courts, and (2) they say the FAA can't regulate models until it issues regulations.
So, you're agreeing and disagreeing? They were appellate courts, the FAA lost both appeals, and yes, you have it right, the FAA has no regs against models and, per 336, everything operated under a CBO, below 55 lbs, LOS, etc, has nothing to worry about unless operated carelessly/recklessly.

I'm not at all in favor of Fed oversight. We should be more concerned with the AMA jumping in bed with the drone/FPV community.