On July 18, 2014, the Federal Aviation Administration (FAA)
published a notice of interpretation for the special rules applicable to model
aircraft under the FAA Modernization and Reform Act of 2012 (the Act).
The Act authorizes the FAA to integrate unmanned aircraft
systems (UAS) into the National Airspace System (NAS). A model aircraft qualifies
as a type of UAS and the FAA established special rules for this type of
aircraft. Due to public confusion
regarding the rules, the FAA provided this recent interpretation to help
clarify what constitutes a model aircraft and what qualifies model aircraft for
exemption from future rulemaking. Additionally,
the FAA elaborated on the scope of its authority to take enforcement action
against those operators who commit safety violations.
The definition of a model aircraft that Congress provides is
consistent with the FAA’s long-standing position that it is one that is
operated without the possibility of direct human intervention from within or on
the aircraft. As such, the FAA
interpreted this portion of the Act in such a way that visual line of sight
would mean that the operator has an unobstructed view of the model aircraft. If the UAS qualifies as a model aircraft, then
the next question should be is it exempt from future rulemaking.
Congress restricted the FAA from establishing regulations regarding
a model aircraft that meets certain exemption terms. These operational requirements are the source
of confusion for those who operate model aircraft due to the uncertainty as to
whether future rulemaking applies to them or not. A model aircraft that does
not meet these statutory requirements is nonetheless an unmanned aircraft and
as such is subject to all existing FAA regulations, as well as future
rulemaking action.
The FAA concluded that it was the intent of Congress for the
FAA to be able to rely on a range of existing regulations to protect users of
the national airspace system, people, and property on the ground. As a result, regardless of whether a model
aircraft satisfies the statutory and operation requirements mentioned above, if
the model aircraft is operated in such a manner that endangers the safety of
the NAS, the FAA may take enforcement action.
If you are uncertain as to whether or not your UAS qualifies
as a model aircraft or for future rulemaking exemptions, then contact Aviation
Attorney Ronnie Gipson at (415)692-6523 or gipson@higagipson.com.
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