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Based on the plain language of the statute, the FAA interprets this requirement to mean that: (1) the aircraft
must be visible at all times to the operator; (2) that the operator must use his or her own
natural vision (which includes vision corrected by standard eyeglasses or contact lenses)
to observe the aircraft; and (3) people other than the operator may not be used in lieu of
the operator for maintaining visual line of sight. Under the criteria above, visual line of
sight would mean that the operator has an unobstructed view of the model aircraft. To
ensure that the operator has the best view of the aircraft, the statutory requirement would
preclude the use of vision-enhancing devices, such as binoculars, night vision goggles,
powered vision magnifying devices, and goggles designed to provide a “first-person
view” from the model. Such devices would limit the operator’s field of view thereby
reducing his or her ability to see-and-avoid other aircraft in the area. Additionally, some
of these devices could dramatically increase the distance at which an operator could see
the aircraft, rendering the statutory visual-line-of-sight requirements meaningless.
Finally, based on the plain language of the statute, which says that aircraft must be
“flown within the visual line of sight of the person operating the aircraft,” an operator
could not rely on another person to satisfy the visual line of sight requirement. See id.
(emphasis added). While the statute would not preclude using an observer to augment the
safety of the operation, the operator must be able to view the aircraft at all times.

1
For purposes of the visual line of sight requirement, “operator” means the person manipulating the model
aircraft’s controls.

2
The FAA is aware that at least one community-based organization permits “first person view” (FPV)
operations during which the hobbyist controls the aircraft while wearing goggles that display images
transmitted from a camera mounted in the front of the model aircraft. While the intent of FPV is to
provide a simulation of what a pilot would see from the flight deck of a manned aircraft, the goggles may obstruct an operator’s vision, thereby preventing the operator from keeping the model aircraft within his or her visual line of sight at all times.

3
In construing statutory language, agencies should assume that the ordinary meaning of the language accurately
expresses the legislative purpose of Congress. Agencies are also permitted to presume that Congress was aware of the
agencies’ administrative or adjudicative interpretations of certain terms and intended to adopt those meanings. See
BedRoc Ltd. v. U.S., 541 U.S. 176, 183 (2004); see also Haig v. Agee, 453 U.S. 280, 300 (1981); Lorillard v. Pons, 434
U.S. 575, 580-81 (1978).

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1. For purposes of the visual line of sight requirement, “operator” means the person manipulating the model
aircraft’s controls.

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BTW - I believe airports have ALWAYS had the "authority" to shut down model aircraft operations within 5 mile radius.

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FAA Interpretive Rule addressing “Special Rule for Model Aircraft”
Academy of Model Aeronautics response

The Academy of Model Aeronautics (AMA) has reviewed FAA’s recently released Interpretive
Rule in which the agency provided its interpretation of the “Special Rule for Model Aircraft”
established by Congress as part of the FAA Modernization and Reform Act of 2012 (Public Law
112-95). The Academy is extremely disappointed and troubled by the approach the FAA has
chosen to take in regards to this issue.
As a community-based membership association, the AMA has managed and overseen the
nation’s model aircraft activity for the past 77 years and has grown to over 165,000 members in
all 50 states, the U.S. territories and at military installations around the world. Over the years the
Academy has developed an effective safety program that has achieved an exceptional safety
record and has evolved to accommodate new technologies, new modeling disciplines, and a
diverse aeromodeling community. AMA’s achievements and ability to manage the model
aircraft activity in a safe and harmonious fashion was recognized by Congress in its
reauthorization of the Federal Aviation Administration in 2012. In an effort to protect the
aeromodeling community from overreaching and onerous regulation, Congress established the
Special Rule for Model Aircraft which exempts this activity from regulation provided it is
conducted in accordance with and within the safety programing of a community-based
organization, AMA.
States AMA President Bob Brown, “The FAA interpretive rule effectively negates Congress’
intentions, and is contrary to the law. Section 336(a) of the Public Law states that, ‘the Federal
Aviation Administration may not promulgate any rule or regulation regarding a model
aircraft…’, this interpretive rule specifically addresses model aircraft, effectively establishes
rules that model aircraft were not previously subject to and is in direct violation of the
congressional mandate in the 2012 FAA reauthorization bill.”
The interpretive rule reflects the FAA’s disregard for and its unfamiliarity with the makeup of
the modeling community. Nearly 20% of the AMA membership is 19 years old or younger and
an even greater percentage is retirees over the age of 65. FAA’s intention to impose a strict
regulatory approach to the operation of model aircraft in the hands of our youth and elderly
members threatens to destroy a wholesome and enriching activity enjoyed by a vast cross-section
of our society.
“AMA cannot support this rule.” said AMA Executive Director Dave Mathewson. “It is at best
ill-conceived and at worst intentionally punitive and retaliatory. The Academy strongly requests
the FAA reconsider this action. The AMA will pursue all available recourse to dissuade
enactment of this rule.”
Founded in 1936, the Academy of Model Aeronautics continues to be devoted to the safe and
responsible operation of model aircraft. With its nearly 2,400 clubs across the country, it serves
as the nation’s collective voice for the aeromodeling community. Headquartered in Muncie IN,
AMA is a membership organization representing those who fly model aircraft for recreation and
educational purposes.

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