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Old 09-06-2006 | 02:47 PM
  #67  
abel_pranger
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From: St Augustine, FL,
Default RE: 400 feet limit?

ORIGINAL: Sport_Pilot


ORIGINAL: KidEpoxy

Sport Pilot-
Just so I am clear on your comment.
Are you saying that you could make a 2600 pound, 4x Rotax277, 30% FreeFlight B24 Liberator (there is no 55lb law). And the take that FF 30% B24 up to FL190 into Class A Airspace out in BLM land off hwy395? Because it is a model, and the FAA doent have laws for models?

I dont care if you think you would, or whether you'd want to, or semantic tech problems with the hypothetical b24... just if you see no law against it so folks are allowed to do it without breaking the law.
I am sure that is correct. It is also legal for a carrier pigeon's owner's pigeons to fly right over a local airport, and even rest for a while on the control tower. You have no real control. However if flown dangerously you would have to worry about civil suit. Also if done intentionaly there is a catch about waivers that could be used. But not sure if the FAA could even use that. BTW there is no 55 pound law for radio controled aircraft either, that is an AMA rule. If the model is large enough to carry a person, then the FAA could possibly call the model an aircraft.
Sport-

It surely wouldn't seem a smart thing to do, but oddly (to me), the FAA policy that is the latest I know of pertaining to this subject confirms that you are correct. Phaedrus posted this link to an official FAA memo on the subject about a week ago:

http://www.uavforum.com/library/faa_uas_policy.pdf

It basically states FAA's current (a/o Sept 05) position regarding Unmanned Aircraft (UA). In the section regarding policy toward model airplanes, it reiterates the longstanding policy of AC 91-57 applies and adds nothing new by way of regulation of model airplanes per se. It does, however, go on to state that UAs operated in acordance with AC 91-57 are considered model airplanes, and exempt from the general regulatory policy regarding UAs.
So, as long as the 'model airplane' that KE proposed stays below 400' and outside of a 3-mile radius of an airport, it's okay by FAA's explicit statement of policy. No limit on size, weight, propulsion, control mode, purpose (recreation/sport, commercial, military/police, etc.).
What kind of servos will I need for a 1:1 scale F-104 ARF, available in the military surplus market? I plan to fill the cockpit with paintballs so it is incapable of carrying a human pilot/passenger. That would void coverage under my HO policy, and possibly the FAA's definition of a UA.

Abel