New FAA Drone Rules

[hoggdoc]

That is pretty much how it has already been layout. Under current US law, the FAA will have everyone take a test before they can fly legally.

Where is this test and who is administering the test?

 

[hoggdoc]

I see a problem here with being a member of a community-based organization requirement. A lot of us live in rural or semi rural lareas where there is no such organization and probably never will be. We follow the guidlines of the AMA but we don't necessarily have to be members of the AMA.

This is the AMA's way of helping their membership grow. I will never give them a dime again after the totally ***** job they did defending their membership's right to fly.

 

[hoggdoc]

If someone is flying for recreation only the AMA membership offers 2.5m insurance policy...after homeowners payout. IMO worth the $75 annual membership fee. You probably know this but for those who read the thread and dont know, it's a no brainer.

Have you ever asked the AMA for documentation of their payouts from their so called insurance? I bet you will find they pay out little to nothing.

 

[hoggdoc]

.

I just don't want to see the gov't entrench their tentacles into the hobby or even commercial operations beyond where they need to be.

I fear it is too late already. It can only get worse from this point after giving the FAA too much authority.

 

[tcope]

Where is this test and who is administering the test?

The FAA has awhile to come up with this. What you can be assured of is that they will hire this out, there will be a fee and the FAA will take a commision on that fee. Same as the registration.

 

[Arkarian]

I see a problem here with being a member of a community-based organization requirement. A lot of us live in rural or semi rural lareas where there is no such organization and probably never will be. We follow the guidlines of the AMA but we don't necessarily have to be members of the AMA.

You should join AMA anyway. They provide insurance as part of your membership.

 

[tcope]

You should join AMA anyway. They provide insurance as part of your membership.

So does your homeowners or renters insurance... and it applies before the AMA's insurance.

 

[991carreradriver]

I might get flamed here, but as a Part 61pilot , it is my view that no one should fly unless:
1) They are Part 107 certificated or
2) If not 1 above UAS are limited by unalterable Geo Fencing to no more than 400 AGL.

While I have never encountered a drone while flying an aircraft, the video's I see online make me very nervous. I have encountered a number of mylar balloons at altitudes above 10,000 MSL and it is an unsettling experience. I can't tell you how fast the heart rate increases.

I am not a big fan of regulation but am a BIG fan of staying alive, which I have managed to do after 28 years of flying airplanes. I hate to think that I augured in because of a runaway UAS or irresponsible UAS pilot.

Flame away.

 

[tcope]

Have you ever asked the AMA for documentation of their payouts from their so called insurance? I bet you will find they pay out little to nothing.

Around 35 liability claims annually are reported to AMA. These are both bodily injury (injury) and property damage (damage) claims. Injury claims typically involve fellow AMA members actively involved in modeling rather than spectators or bystanders. Damage claims are usually minor damage to vehicles in parking areas caused by an errant aircraft. Of the 35 claims reported annually, approximately 20 are property damage and 15 are bodily injury claims.

Since 2001, AMA and its insurance company have paid out approximately $5,000,000, mostly to settle injury claims. In addition, recent serious injury cases that are in litigation have “reserves” (estimates) for future payments in excess of $1,100,000.

Approximately 70-80% of the amounts paid for these claims are paid to AMA members or their respective families for their injuries.

 

[BanditsRoost]

I see a problem here with being a member of a community-based organization requirement. A lot of us live in rural or semi rural lareas where there is no such organization and probably never will be. We follow the guidlines of the AMA but we don't necessarily have to be members of the AMA.

I don't see a membership is required?
Just that you operate "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." No membership requirement?

 

[Gregdd]

The bill passed in the senate, on its way to the POTUS for signature.

SEC. 349. EXCEPTION FOR LIMITED RECREATIONAL OPERATIONS OF UNMANNED AIRCRAFT.
(a) In General.—Chapter 448 of title 49, United States Code, as added by this Act, is further amended by adding at the end the following:

Ҥ 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.

“(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.

“(b) Other Operations.—Unmanned aircraft operations that do not conform to the limitations in subsection (a) must comply with all statutes and regulations generally applicable to unmanned aircraft and unmanned aircraft systems.

“(c) Operations At Fixed Sites.—

“(1) OPERATING PROCEDURE REQUIRED.—Persons operating unmanned aircraft under subsection (a) from a fixed site within 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, or a community-based organization conducting a sanctioned event within such airspace, shall make the location of the fixed site known to the Administrator and shall establish a mutually agreed upon operating procedure with the air traffic control facility.

“(2) UNMANNED AIRCRAFT WEIGHING MORE THAN 55 POUNDS.—A person may operate an unmanned aircraft weighing more than 55 pounds, including the weight of anything attached to or carried by the aircraft, under subsection (a) if—

“(A) the unmanned aircraft complies with standards and limitations developed by a community-based organization and approved by the Administrator; and

“(B) the aircraft is operated from a fixed site as described in paragraph (1).

“(d) Updates.—

“(1) IN GENERAL.—The Administrator, in consultation with government, stakeholders, and community-based organizations, shall initiate a process to periodically 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 risks to aviation safety and national security, including risk to the uninvolved public and critical infrastructure;

“(B) operations outside the membership, guidelines, and programming of a 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;

“(E) ensuring, to the greatest extent practicable, that updates to the operational parameters correspond to, and leverage, advances in technology; and

“(F) equipage requirements that facilitate safe, efficient, and secure operations and further integrate all unmanned aircraft into the national airspace system.

“(3) SAVINGS CLAUSE.—Nothing in this subsection shall be construed as expanding the authority of the Administrator to require a person operating an unmanned aircraft under this section to seek permissive authority of the Administrator, beyond that required in subsection (a) of this section, prior to operation in the national airspace system.

“(e) Statutory Construction.—Nothing in this section shall be construed to limit the authority of the Administrator to pursue an enforcement action against a person operating any unmanned aircraft who endangers the safety of the national airspace system.

“(f) Exceptions.—Nothing in this section prohibits the Administrator from promulgating rules generally applicable to unmanned aircraft, including those unmanned aircraft eligible for the exception set forth in this section, relating to—

“(1) updates to the operational parameters for unmanned aircraft in subsection (a);

“(2) the registration and marking of unmanned aircraft;

“(3) the standards for remotely identifying owners and operators of unmanned aircraft systems and associated unmanned aircraft; and

“(4) other standards consistent with maintaining the safety and security of the national airspace system.

“(g) Aeronautical Knowledge And Safety Test.—

“(1) IN GENERAL.—Not later than 180 days after the date of enactment of this section, the Administrator, in consultation with manufacturers of unmanned aircraft systems, other industry stakeholders, and community-based organizations, shall develop an aeronautical knowledge and safety test, which can then be administered electronically by the Administrator, a community-based organization, or a person designated by the Administrator.

“(2) REQUIREMENTS.—The Administrator shall ensure the aeronautical knowledge and safety test is designed to adequately demonstrate an operator’s—

“(A) understanding of aeronautical safety knowledge; and

“(B) knowledge of Federal Aviation Administration regulations and requirements pertaining to the operation of an unmanned aircraft system in the national airspace system.

“(h) Community-Based Organization Defined.—In this section, the term ‘community-based organization’ means a membership-based association entity that—

“- is described in section 501(c)(3) of the Internal Revenue Code of 1986;

“- is exempt from tax under section 501(a) of the Internal Revenue Code of 1986;

“- the mission of which is demonstrably the furtherance of model aviation;

“- provides a comprehensive set of safety guidelines for all aspects of model aviation addressing the assembly and operation of model aircraft and that emphasize safe aeromodelling operations within the national airspace system and the protection and safety of individuals and property on the ground, and may provide a comprehensive set of safety rules and programming for the operation of unmanned aircraft that have the advanced flight capabilities enabling active, sustained, and controlled navigation of the aircraft beyond visual line of sight of the operator;

“(-) provides programming and support for any local charter organizations, affiliates, or clubs; and

“- provides assistance and support in the development and operation of locally designated model aircraft flying sites.

“(i) Recognition Of Community-Based Organizations.—In collaboration with aeromodelling stakeholders, the Administrator shall publish an advisory circular within 180 days of the date of enactment of this section that identifies the criteria and process required for recognition of community-based organizations.”.

(b) Technical And Conforming Amendments.—

-TABLE OF CONTENTS.—The table of contents for chapter 448 of title 49, United States Code, as added by this Act, is further amended by adding at the end the following:


“44809. Exception for limited recreational operations of unmanned aircraft.”.
- REPEAL.—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 are repealed.

When is this likely to become a law? Weeks . . . Months?

 

[DanMan32]

It already is law as of October when potus signed it.
What will take time is for FAA to make the administration changes.

 

[W2EJ]

Does it say that you need to be a member of a CBO, or just have to comply with the rules of a CBO?

 

[BanditsRoost]

Does it say that you need to be a member of a CBO, or just have to comply with the rules of a CBO?

Pointed that out on message #30 but no replies. I read it as "comply" no membership needed

 

[Gregdd]

Does anyone know (or have a guess) when this will be effective. So in other words when will we need to comply with this?

 

[macoman]

Does anyone know (or have a guess) when this will be effective. So in other words when will we need to comply with this?

It took effect the day Trump signed it.

 

[Gregdd]

It took effect the day Trump signed it.

Wrong. My question was when will need to comply and this is taken from the FAA website
"On October 5, 2018, the President signed the FAA Reauthorization Act of 2018(PDF). The Act establishes new conditions for recreational use of drones and immediately repeals the Special Rule for Model Aircraft. The agency is evaluating the impacts of this change in the law and how implementation will proceed. In the interim, please continue to follow all current policies and guidance with respect to recreational use of drones. "