I found this recap of the new rules. It came from the IEEE Spectrum web site
Number 1: “The aircraft is flown strictly for recreational purposes.” That seems reasonable, although it cuts out something that the previous 336 provisions appeared to allow—flying model aircraft for its development, say, by its manufacturer, who thus has a commercial interest in the operation.
Number 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.” This is similar to provisions of the earlier Section 336, but there are two differences. For one, the safety guidelines must be developed
with the FAA—no more letting the community-based organization call the shots. Also, the earlier language of Section 336 had said “operated in accordance with a community-based set of safety guidelines
and within the programming of a nationwide community-based organization,” which implied a flyer would have to be a member of such an organization. Now Section 349 replaces
and with
or, which to my reading says that membership is not required.
Number 3: “The aircraft is flown within the visual line-of-sight of the person operating the aircraft or a visual observer colocated and in direct communication with the operator.” This liberalizes the previous prohibition against recreational FPV flight, allowing that it can be done by a recreational flyer so long as there is a visual observer present. This is a victory for FPVers, who earlier had no way to avoid breaking the rules short of
obtaining formal certification as unmanned-aircraft-system pilots.
Number 4: “The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft.” Sure, that’s only reasonable. Though it’s a little odd that the FAA is using this stipulation to define recreational flight—as if commercial drones would sometimes be allowed to interfere or not give way to manned aircraft. Could that really be what the law is implying?
Number 5: “[In airspace surrounding airports] the operator obtains prior authorization from the Administrator or designee before operating and complies with all airspace restrictions and prohibitions.” Again, you have to wonder why this stipulation is being used to define recreational flight: Would the FAA ever allow commercial flight of small unmanned aircraft not to comply with airspace restrictions and prohibitions?
Number 6: “[In other 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. This now makes the 1981 recommendation to keep under 400 feet a hard-and-fast rule. I suppose that’s to stay out of the way of all those
Amazon shoe deliveries.
Number 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.” So it’s official: You can get carded now for flying a paper airplane. Actually, it’ll take the FAA some time to put the test in place. And it will be interesting to see what that test demands. Presumably it won’t be too hard, or else sales of rubber-band powered, balsa-wood airplanes will surely plummet.
Number 8: “The aircraft is registered and marked in accordance with chapter 441 of this title and proof of registration is made available to the Administrator or a designee of the Administrator or law enforcement upon request.” Your model can get carded, too. This reverses a 2017 setback for the FAA, when its requirement for registering model aircraft was
thrown out in court because it violated Section 336’s prohibition on making rules for models.
