Originally Posted by
speedracerntrixie
What this says is that all recreational R/C pilots are currently flying under section 336 which does not allow the FAA to intruduce new laws. Section 336 goes back to AC 91-57 that makes the 400' altitude limit nothing more then an advisory. The new Reauthorization act can not go into affect until the FAA can come up with a plan to enforce the new regulations and demonstrate that plan to congress. In the meantime section 336 and AC-91-57 is what we are currently bound to. This is not me against Franklin a you put it, Im simply doing what I feel is best for the hobby. Spreading false or heavily bias information is not what is best for the hobby.
Ok. I guess we have to go back to basics. So first a little civics refresher.
Your beloved 336 was part of the 2015 FAA Reauthorization act. Yes, it did prohibit the FAA from making rules for "Model Aircraft."
When the 2018 FAA Reauthorization Act was passed, it explicitly REPEALED section 336 of the 2015 law. Let me repeat. It R E P E A L E D Section 336. Thus the moment the President signed the new law, Section 336 of the old law and it's prohibition of FAA making new rules, CEASED TO EXIST. It's gone ... as if it never existed.
Another provision of the 2018 law was the EXPLICIT statement that the exception for recreational sUAS was contingent on remaining at or below 400 feet in class G. Again, it was EXPLICITLY spelled out in the bill, passed by Congress and signed by the President. It's law of the land.
So you need to face the fact that the Section 336 prohibition against FAA making rules for "model aircraft" no longer exists. And the FAA page, one updated just days ago, repeats the explicit provision passed by Congress and signed by the President .. that recreational sUAS need to stay below 400 feet in class G.
So underline to your heart's content. Quote AMA to your heart's content. But the fact remains that the law is clear and explicit. And it is the FAA, not the AMA, that enforces. And the FAA has explicitly said to remain at or below 400 feet in Class G.
So, as usual, you're reading what you WANT it to say vs. what it ACTUALLY says. Nowhere in the operatational limits of the repealed section 336 does it say flight above 400 feet is allowed. Not once. As for referring to the beloved safety code of a CBO (note 1), I can't help but notice that NOWHERE does it say flight over 400 feet is allowed either.
As to Radcliff's comment. What we know is what we have in writing from the Executive Department agency empowered to enforce the very specific law, and what that agency's website says is 400 feet. What Radcliff says is what would be called hearsay. It's second hand info at best.
So it remains that what IS actually written, and written on an official website, is that to stay at or below 400 feet in class G. Doesn't get much more plainly worded than that.
Note 1:
105.pdf