Originally Posted by
Top_Gunn
.
That's true, but there is no existing regulation giving airports the power to shut down modeling within five miles. But of course that can't stop some of them from trying. Unless the FAA changes its mind, though, there will be a regulation doing that before very long.
Al,
Don't forget the 'Statutory Construction' paragraph in the PL. I doubt that FAA will abuse that because somebody hates model aircraft, though. If a modeler or group of same are not able to come to an agreement with ATC or airport operator, I believe that FAA will intervene/moderate if there is an appeal, informal or via lawsuit. Nobody can predict exactly what circumstances might arise to create this condition. It is to me no more reasonable to presume the modeler(s) is right than to make the same presumption about those responsible for safe operation of the airport. Until the disagreement is resolved, it seems better to err on the side of caution, and that is what I see in the FAA position.
Would you really risk continuing your model aircraft operations while airport or ATC tell you not too? Even if the language AMA has interpreted as requiring permission were removed? I would really like to know what you want and think reasonable.......it's not just you or your club I'm trying to understand, but AMA's position which yours seem to mirror.
cj