2018 FAA Reauthorization - Not Good

[zardoz]

After reading the entire law and seeing how things are going to go, I just went from a law abiding citizen under the 336 rules to a lawbreaker. I cannot in good conscious follow the new FAA authorization. I realized that the FAA stated that many people were not following 336 rules so lets make it even harder for a hobby person to follow the new rules.

 

[sar104]

With regards to hobbyists, this is what the bill says;

44809. Exception for limited recreational operations of unmanned aircraft

(a) IN GENERAL.—Except as provided in subsection (e), and notwithstanding chapter 447 of title 49, United States Code, a person may operate a small unmanned aircraft without specific certification or operating authority from the Federal Aviation Administration if the operation adheres to all of the following limitations:

(1) The aircraft is flown strictly for recreational purposes.

(2) The aircraft is operated in accordance with or within the programming of a community-based organization’s set of safety guidelines that are developed in coordination with the Federal Aviation Administration.

(3) The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co-located and in direct communication with the operator.

(4) The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft.

(5) In Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, the operator obtains prior authorization from the Administrator or designee before operating and complies with all airspace restrictions and prohibitions.

(6) In Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace restrictions and prohibitions.

(7) The operator has passed an aeronautical knowledge and safety test described in subsection (g) and maintains proof of test passage to be made available to the Administrator or law enforcement upon request.

Is that the latest version? The most recent I can find is different, and 44809 appears to be the knowledge test.

Text - S.1405 - 115th Congress (2017-2018): Federal Aviation Administration Reauthorization Act of 2017

SEC. 2128. SPECIAL RULES FOR MODEL AIRCRAFT.

(a) In General.--Chapter 448, as amended by section 2127 of this
Act, is further amended by inserting after section 44807 the following:
``Sec. 44808. Special rules for model aircraft
``(a) In General.--Except as provided in subsection (d), and
notwithstanding any other provision of law relating to the
incorporation of unmanned aircraft systems into Federal Aviation
Administration plans and policies, including this chapter, the
Administrator of the Federal Aviation Administration may not promulgate
any new rule or regulation regarding an unmanned aircraft operating as
a model aircraft or an unmanned aircraft being developed as a model
aircraft if--
``(1) the aircraft is flown strictly for hobby or
recreational use;
``(2) the aircraft is operated in accordance with a
community-based set of safety guidelines and within the
programming of a nationwide community-based organization;
``(3) not flown beyond the visual line of sight of persons
co-located with the operator or in direct communication with
the operator;
``(4) the aircraft is operated in a manner that does not
interfere with and gives way to any manned aircraft;
``(5) when flown within 5 miles of an airport, the operator
of the aircraft provides the airport operator, where
applicable, and the airport air traffic control tower (when an
air traffic facility is located at the airport) with prior
notice of the operation (model aircraft operators flying from a
permanent location within 5 miles of an airport should
establish a mutually agreed upon operating procedure with the
airport operator and the airport air traffic control tower
(when an air traffic facility is located at the airport)),
unless the Administrator determines approval should be
required;
``(6) the aircraft is flown from the surface to not more
than 400 feet in altitude, except under special conditions and
programs established by a community-based organization; and
``(7) the operator has passed an aeronautical knowledge and
safety test administered by the Federal Aviation Administration
online for the operation of unmanned aircraft systems subject
to the requirements of section 44809 or developed and
administered by the community-based organization and maintains
proof of test passage to be made available to the Administrator
or law enforcement upon request.
``(b) Updates.--
``(1) In general.--The Administrator, in collaboration with
government and industry stakeholders, including nationwide
community-based organizations, shall initiate a process to
update the operational parameters under subsection (a), as
appropriate.
``(2) Considerations.--In updating an operational parameter
under paragraph (1), the Administrator shall consider--
``(A) appropriate operational limitations to
mitigate aviation safety risk and risk to the
uninvolved public;
``(B) operations outside the membership,
guidelines, and programming of a nationwide community-
based organization;
``(C) physical characteristics, technical
standards, and classes of aircraft operating under this
section;
``(D) trends in use, enforcement, or incidents
involving unmanned aircraft systems; and
``(E) ensuring, to the greatest extent practicable,
that updates to the operational parameters correspond
to, and leverage, advances in technology.
``(3) Savings clause.--Nothing in this subsection shall be
construed as expanding the authority of the Administrator to
require operators of model aircraft under the exemption of this
subsection to be required to seek permissive authority of the
Administrator prior to operation in the national airspace
system.
``(c) Statutory Construction.--Nothing in this section shall be
construed to limit the authority of the Administrator to pursue
enforcement action against persons operating model aircraft.
``(d) Exceptions.--The Administrator may promulgate rules relating
to the registration and marking of model aircraft.
``(e) Model Aircraft Defined.--In this section, the term `model
aircraft' means an unmanned aircraft that--
``(1) is capable of sustained flight in the atmosphere; and
``(2) is limited to weighing less than 55 pounds, including
the weight of anything attached to or carried by the aircraft,
unless otherwise approved through a design, construction,
inspection, flight test, and operational safety program
administered by a community-based organization.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448, as amended by section 2127 of this Act, is further amended
by inserting after the item relating to section 44807 the
following:

``44808. Special rules for model aircraft.''.
(2) Special rule for model aircraft.--Section 336 of the
FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)
and the item relating to that section in the table of contents
under section 1(b) of that Act (126 Stat. 13) are repealed.

 

[sar104]

To those that “see nothing wrong with this bill”, have to consider 1) 336 no longer protects us. The FAA can now establish any law they consider necessary. 2) what fatality or injury has occurred the new requirements would have prevented that wasn’t already covered.? 3) aeronautical test? Stupid! How far from a cloud in what airspace? When you are in the aircraft you can’t tell how far you are. Full scale pilots laugh at this reg. 4) tail number and registration...only helps law enforcement if the bad guy will comply.

Come on guys, regulations come in incremental steps and this law just opened up pandora’s box.

What this law will open up, if it passes, is the ability for the FAA to regulate sUAS that can and do operate in the NAS in increasingly large numbers and in potential conflict with other traffic. I'm completely baffled that anyone could think that's a bad thing - 336 should never have existed and it should have been this way from the start.

 

[sar104]

After reading the entire law and seeing how things are going to go, I just went from a law abiding citizen under the 336 rules to a lawbreaker. I cannot in good conscious follow the new FAA authorization. I realized that the FAA stated that many people were not following 336 rules so lets make it even harder for a hobby person to follow the new rules.

Section 336 rules are non-existent because the FAA wasn't allowed to impose any. The only actual requirements, inserted as applicability, are registering and notifying airports - not even a requirement to get permission. No altitude limit, no VLOS requirement, no requirement for pilots to know anything at all about the airspace they were flying in.

 

[Genzeka]

Relax guys! These are like nuisance laws. The FAA doesn’t have the manpower nor are they going hire more people for the sake of drones. At least at this very moment & the next few years. These new “rules” will act like a tampon. They will soak up the aftermath of whatever incident might happen.

The only issue will be if drone manufacturers actually listen to FAA on building their drones. And if so, to what extent does the FAA have over Safety Issues (creativity) over a manufacturers build?

 

[Genzeka]

And even better if they drop the hammer on hobbyists & small business owner. This is coming to an end eventually because Amazon & companies want to own the skies for their own pockets. We might even be buying Sky rights in the future.

 

[FLYBOYJ]

Is that the latest version? The most recent I can find is different, and 44809 appears to be the knowledge test.

Text - S.1405 - 115th Congress (2017-2018): Federal Aviation Administration Reauthorization Act of 2017

SEC. 2128. SPECIAL RULES FOR MODEL AIRCRAFT.

(a) In General.--Chapter 448, as amended by section 2127 of this
Act, is further amended by inserting after section 44807 the following:
``Sec. 44808. Special rules for model aircraft
``(a) In General.--Except as provided in subsection (d), and
notwithstanding any other provision of law relating to the
incorporation of unmanned aircraft systems into Federal Aviation
Administration plans and policies, including this chapter, the
Administrator of the Federal Aviation Administration may not promulgate
any new rule or regulation regarding an unmanned aircraft operating as
a model aircraft or an unmanned aircraft being developed as a model
aircraft if--
``(1) the aircraft is flown strictly for hobby or
recreational use;
``(2) the aircraft is operated in accordance with a
community-based set of safety guidelines and within the
programming of a nationwide community-based organization;
``(3) not flown beyond the visual line of sight of persons
co-located with the operator or in direct communication with
the operator;
``(4) the aircraft is operated in a manner that does not
interfere with and gives way to any manned aircraft;
``(5) when flown within 5 miles of an airport, the operator
of the aircraft provides the airport operator, where
applicable, and the airport air traffic control tower (when an
air traffic facility is located at the airport) with prior
notice of the operation (model aircraft operators flying from a
permanent location within 5 miles of an airport should
establish a mutually agreed upon operating procedure with the
airport operator and the airport air traffic control tower
(when an air traffic facility is located at the airport)),
unless the Administrator determines approval should be
required;
``(6) the aircraft is flown from the surface to not more
than 400 feet in altitude, except under special conditions and
programs established by a community-based organization; and
``(7) the operator has passed an aeronautical knowledge and
safety test administered by the Federal Aviation Administration
online for the operation of unmanned aircraft systems subject
to the requirements of section 44809 or developed and
administered by the community-based organization and maintains
proof of test passage to be made available to the Administrator
or law enforcement upon request.
``(b) Updates.--
``(1) In general.--The Administrator, in collaboration with
government and industry stakeholders, including nationwide
community-based organizations, shall initiate a process to
update the operational parameters under subsection (a), as
appropriate.
``(2) Considerations.--In updating an operational parameter
under paragraph (1), the Administrator shall consider--
``(A) appropriate operational limitations to
mitigate aviation safety risk and risk to the
uninvolved public;
``(B) operations outside the membership,
guidelines, and programming of a nationwide community-
based organization;
``(C) physical characteristics, technical
standards, and classes of aircraft operating under this
section;
``(D) trends in use, enforcement, or incidents
involving unmanned aircraft systems; and
``(E) ensuring, to the greatest extent practicable,
that updates to the operational parameters correspond
to, and leverage, advances in technology.
``(3) Savings clause.--Nothing in this subsection shall be
construed as expanding the authority of the Administrator to
require operators of model aircraft under the exemption of this
subsection to be required to seek permissive authority of the
Administrator prior to operation in the national airspace
system.
``(c) Statutory Construction.--Nothing in this section shall be
construed to limit the authority of the Administrator to pursue
enforcement action against persons operating model aircraft.
``(d) Exceptions.--The Administrator may promulgate rules relating
to the registration and marking of model aircraft.
``(e) Model Aircraft Defined.--In this section, the term `model
aircraft' means an unmanned aircraft that--
``(1) is capable of sustained flight in the atmosphere; and
``(2) is limited to weighing less than 55 pounds, including
the weight of anything attached to or carried by the aircraft,
unless otherwise approved through a design, construction,
inspection, flight test, and operational safety program
administered by a community-based organization.''.
(b) Technical and Conforming Amendments.--
(1) Table of contents.--The table of contents for chapter
448, as amended by section 2127 of this Act, is further amended
by inserting after the item relating to section 44807 the
following:

``44808. Special rules for model aircraft.''.
(2) Special rule for model aircraft.--Section 336 of the
FAA Modernization and Reform Act of 2012 (49 U.S.C. 40101 note)
and the item relating to that section in the table of contents
under section 1(b) of that Act (126 Stat. 13) are repealed.

I believe the link I posted is the latest version but I'll double check which one is current

 

[Cybernaut]

Here is a good summary of HR 302

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[hoggdoc]

Here is the link - https://docs.house.gov/billsthisweek/20180924/HR302.pdf

Everyone should consider joining the AMA. They are your voice in government.

From the AMA...

Dear members,
As you may have heard, a new Federal Aviation Administration (FAA) reauthorization bill was introduced today, which is the result of negotiations between House and Senate leaders. There are several provisions in the bill that will impact our hobby, and we are currently conducting a thorough assessment of the bill with our legal and government affairs teams.

At first glance, some of the changes are positive and reflect AMA's efforts to forcefully advocate for our members and our hobby. The bill defines a community based organization (CBO) and allows the FAA to designate CBOs, something we have championed for years. At the same time, other provisions appear problematic, and allow the FAA more authority to further encroach on our hobby.

You can read the entire FAA reauthorization bill here - https://docs.house.gov/billsthisweek/20180924/HR302.pdf , and we will provide a more thorough analysis in the coming days. It is likely that we may ask for your help in contacting your members of Congress.

Thank you,
AMA Government Affairs Team

The AMA is worthless and have had no effect on these pending new regs. Keep your money in your pocket and keep flying.

 

[FLYBOYJ]

sar104 - it seems there are 2 bills, you posted the Reauthorization act of 2017, the other bill is HR 302 FAA Reauthorization Act of 2018. I believe there's a house and senate version. A date caveat on the document below (I believe the house version) shows a date of September 22, 2018.

The House version just passed.

HR 302 Passes the House - Now What? | UAV Expert News

https://docs.house.gov/billsthisweek/20180924/HR302.pdf

 

[hoggdoc]

I fully support the regulation of sUAS, both recreational and non-recreational. I think that the Special Rule was a mistake and that it will be completely overturned, at least in respect of sUAS. I don't fly model aircraft but, if I did, I would be pushing the AMA to try to get a more limited exemption carved out for real model aircraft.

I'm sorry but I don't get why you would even comment on these new rules since you don't even fly model aircraft according to your own statements. Also I have to wonder what your motives are for belonging to this forum in the first place it seems very strange to me.

 

[DanMan32]

One of the problems with the bill is the section on consequences. Any law enforcement can potentially do whatever if they feel you are flying unsafe including confiscation. All they need to do to start the process is ask for proof you passed the safety and knowledge test.

 

[sar104]

I'm sorry but I don't get why you would even comment on these new rules since you don't even fly model aircraft according to your own statements. Also I have to wonder what your motives are for belonging to this forum in the first place it seems very strange to me.

I'm just here to learn how to use large, bold-face font of course, so that I can make my posts really helpful, like yours.

 

[sar104]

sar104 - it seems there are 2 bills, you posted the Reauthorization act of 2017, the other bill is HR 302 FAA Reauthorization Act of 2018. I believe there's a house and senate version. A date caveat on the document below (I believe the house version) shows a date of September 22, 2018.

The House version just passed.

HR 302 Passes the House - Now What? | UAV Expert News

https://docs.house.gov/billsthisweek/20180924/HR302.pdf

Yes - I just realized that the two bills are somewhat different. That makes it difficult to predict what the outcome will be.

 

[JDawg]

I'm sorry but I don't get why you would even comment on these new rules since you don't even fly model aircraft according to your own statements. Also I have to wonder what your motives are for belonging to this forum in the first place it seems very strange to me.

If you read a little of his post history no doubt you will come back and delete your post.

 

[sar104]

If you read a little of his post history no doubt you will come back and delete your post.

Shouting font aside, he may have misunderstood my comment that I don't fly model aircraft to mean that I don't fly sUAS.

 

[pooderbill]

Has anyone clarified VLOS, that is, the pilot or observer must have 20:20 vision and be able to see the aircraft at 400' away? My Mavic is essentially invisible at 300' straight up. Does this mean that any flight where the drone cannot be seen is illegal? What does this mean to 107 pilots flying mapping assignments or inspecting a 500' tower?

 

[Cheech Wizard]

Speaking about FAA regulations... the didn't forget ROCKETS!

https://www.nar.org/high-power-rock...a-launch-authorization/filing-for-faa-waiver/

 

[cyeung]

Has anyone clarified VLOS, that is, the pilot or observer must have 20:20 vision and be able to see the aircraft at 400' away? My Mavic is essentially invisible at 300' straight up. Does this mean that any flight where the drone cannot be seen is illegal? What does this mean to 107 pilots flying mapping assignments or inspecting a 500' tower?

For Part 107 (i.e. full-blown license), if losing VLOS was unintentional, then you must immediately work towards regaining it. However, if it was intentional (e.g. to inspect a tower or fly around a bend), then you must regain VLOS as soon as practicable.

 

[sar104]

For Part 107 (i.e. full-blown license), if losing VLOS was unintentional, then you must immediately work towards regaining it. However, if it was intentional (e.g. to inspect a tower or fly around a bend), then you must regain VLOS as soon as practicable.

Where did you get that from? §107.31 simply says that VLOS must be maintained.