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Attention, Hobby Flyers: Come Monday Some Of You May Need An FAA Drone Pilot Certificate. Yes, Really.[/h][h=1]The new drone rules set to go into effect Monday — known as
Part 107 for the section of the federal aviation regulations — are expected to be a boon to commercial operators, lifting many current expensive and time-consuming requirements, including the need to have a manned aircraft pilot’s license and to stay more than 500 feet from people, cars and structures.
The new rules do require a commercial operator to get a Remote Pilot Certificate with a Small Unmanned Aircraft Rating — licensed, current pilots have to pass a simple online test; non-pilots have to pass an aeronautical knowledge test which includes the ability to read aeronautical charts, understand and decipher aviation weather reports, in addition to learning the new operational drone rules. It costs approximately $150 to take the test. After taking the test, would-be drone pilots need to be vetted by TSA to determine whether they are a security risk. Only after that vetting is done will the FAA issue an applicant a certificate to fly a drone.
The catch here is that while the new rules are a significant easing of restrictions for commercial operators, they bring a huge change to the way the FAA has distinguished between hobby or recreational flyers and non-hobby or business flyers. So come Monday, many hobby flyers will be lumped in with commercial operators. And require an FAA certificate to fly their drones. Of course operating without an FAA license will subject these hobbyists to potential FAA enforcement action, including fines of $1,100 per violation.
After August 29, the effective date of the new rules, being a hobbyist is no longer enough to evade commercial drone requirements, as it has been in the past. Prior to these new rules the FAA created a clear distinction in terms of requirements for hobby or recreational flyers and those who flew unmanned aircraft for commercial or business purposes. By the end of August, that simple distinction disappears. That will likely come as a shock to many of you who have been flying model aircraft or drones and are caught unawares by these new rules. But while many people have been celebrating the new rules, hobby and recreational flyers have largely been unaware of the changes that are about to hit them next week.
But as my colleague at Vaughn College of Aeronautics, Loretta Alkalay, recently warned in an article in the
Drone Law Journal, the law’s changes were worrisome for hobby flyers. And she was right. The FAA today confirmed that many hobbyists will now be required to get an FAA license and comply with the same rules as commercial operators. Like Amazon or
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So for example, if you’ve gotten into drone racing, whether you fly for hobby or not, the FAA confirmed to me today that if you fly FPV – first person view – you will be required to get a drone pilot’s license and comply with the new Part 107. Below is my question and the FAA’s response:
Q: Could you confirm whether hobby FPV flyers will have to get a Part 107 remote pilot certificate after August 29 when the new drone rules go into effect?
A: Under the FAA’s current interpretation of the Special Rule for Model Aircraft, modelers who want to fly their drones using first-person-view systems must operate under Part 107, which requires a Remote Pilot Certificate. The operator also would need to comply with any other applicable Part 107 requirement.
The FAA’s response indicates that it may review this requirement in the future, but starting Monday Part 107 is the law applicable to FPV flyers. According to the FAA: “The FAA solicited comments to its interpretation of the Special Rule for Model Aircraft and received over 33,000 comments, including comments on the use of FPV. The FAA is considering the issues raised by those comments and plans to issue a final interpretation of the Special Rule for Model Aircraft that reflects its consideration of the comments.”
Some Of You May Need An FAA Drone Pilot Certificate. Yes, Really.[/h]
Q: Could you confirm whether hobby FPV flyers will have to get a Part 107 remote pilot certificate after August 29 when the new drone rules go into effect?
A: Under the FAA’s current interpretation of the Special Rule for Model Aircraft, modelers who want to fly their drones using first-person-view systems must operate under Part 107, which requires a Remote Pilot Certificate. The operator also would need to comply with any other applicable Part 107 requirement.
The FAA’s response indicates that it may review this requirement in the future, but starting Monday Part 107 is the law applicable to FPV flyers. According to the FAA: “The FAA solicited comments to its interpretation of the Special Rule for Model Aircraft and received over 33,000 comments, including comments on the use of FPV. The FAA is considering the issues raised by those comments and plans to issue a final interpretation of the Special Rule for Model Aircraft that reflects its consideration of the comments.”
Not only will FPV flying be prohibited without a license but operators who don’t operate “in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization” will also be required to hold an FAA license and comply with Part 107. If you are an Academy of Model Aeronautics member and fly under their guidelines, you’re safe – unless, of course, you want to fly FPV. The FAA has determined that the AMA meets the criteria for a nationwide community based organization. But if you’re not an AMA member or fly under its guidelines? Here are my questions and the FAA’s response.
Q: Also, will model aircraft pilots who do not belong to the AMA have to get a remote pilot certificate under Part 107 after August 29?
A: The FAA does not mandate membership in any particular community-based organization. To qualify for the Special Rule for Model Aircraft, an unmanned aircraft must, among other things, be operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization. If a hobbyist can’t show that he or she is operating in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization, then he or shee will have to meet the requirements of Part 107
Q: Has any organization other than the AMA been determined to qualify as a community based organization for the purposes of Part 101?
A: The FAA’s interpretation of the Special Rule for Model Aircraft, which was published in the Federal Register on June 25, 2014, noted that the AMA qualified as a community-based organization to provide an example of what types of organizations would qualify. The FAA does not intend to maintain a list of organizations that would qualify as a CBO under the Special Rule for Model Aircraft. Rather, the FAA will consider the language of the Conference Report that accompanied H.R. 658, which ultimately became the FAA Modernization and Reform Act of 2012, when the need to determine whether an organization qualifies arises. The Conference Report indicates that a nationwide community-based organization is a membership-based association that “represents the aeromodeling community within the United States; provides its members a comprehensive set of safety guidelines that underscores safe aeromodeling operations within the National Airspace System and the protection and safety of the general public on the ground; develops and maintains mutually supportive programming with educational institutions, government entities and other aviation associations; and acts as a liaison with government agencies as an advocate for its members.”
So as far as whether you’re operating in accordance with “a community-based set of safety guidelines and within the programming of a nationwide community-based organization,” the FAA is apparently unwilling to tell you ahead of time, which leaves hobby flyers vulnerable if they operate under the guidelines of an organization which the FAA subsequently determines doesn’t qualify.
So how do young people fare under these new rules? Unfortunately, you need to be at least 16 years old to qualify for an FAA drone license. So if you want to get into drone racing, kids, you’ll have to wait until you’re 16, or fly indoors.