New FAA Guidance for Recreational Flyers
- Thread starter pilotinstitute
- Start date
Because Congress required it. The model aircraft lobby apparently has a surprisingly powerful influence, which prevented the obviously correct solution of having the FAA regulate both recreational and non-recreational sUAS. Instead Congress insisted on having CBOs take the lead on recreational regulations, while giving the FAA the authority to approve the CBOs.
No - you have misunderstood §44809 if that's your interpretation. §44809 (d) (2) is only one element relating to future updates.
Thanks, I didn't know that part. Figures, just another layer of bureaucracy to deal with that is not needed.
My question:
- If membership in a CBO is not required, do you have to notify your CBO of choice you are following their rules -or- just pick one, print their rules and carry them?
That question is clearly answered in the circular. There is no requirement to notify a CBO, and what would be the point of that anyway?
2.2.2 Section 44809(a)(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.” Recreational flyers should be able to explain to an FAA inspector or law enforcement officer which CBO’s safety guidelines they are following during any given flight. However, an operator does not need to be a member of a CBO to fly under its safety guidelines.
They won't all have the same guidelines, I'm sure each will pick and choose from this list the FAA is proposing. At least I hope!
So, like I said, a flyer can go CBO shopping to pick the rules that best fit their wants.
Sure seems more confusing not only to pilots but to the general public when 2 pilots standing next to each other can be using two different set of guidelines when flying.
hiflyer201
Well-Known Member
- Joined
- Sep 27, 2018
- Messages
- 2,730
- Reactions
- 2,154
Believe it or not the FAA lives and dies with those seemingly non threatening flight advisories. You are always expected to be aware of them and since the advent of the Ipad and Foreflight I have always been able to carry with me a complete library of rules, regulations and flight advisories. As a flight instructor I've found that necessary and it takes the place of an office full of file cabinets. Now I have it all on the same device that I use to fly my drone...My Iphone. The FAA has stepped in in many cases where a city has tried to ban a airport and ruled that the airport can be removed but the federal government must be repaid for all the moneys that airport has received and a suitable replacement found. but in the case of drones I'm afraid that local governments are always going to have the final word and this advisory is just to remind rule makers that in case you didn't think of it maybe you should add this or that as well. I'm not optimistic
That is precisely my question. The whole notion of community-based organizations seems like an unnecessary layer. There are rules that should apply everywhere; no community-based organization is going to want to add to them.So why have such organizations?
May be a while and never have a local CBO. We just got our 3rd stop light this last year. In the sticks of western NC and probably 3 drones in the county.
From my understanding is you don't have to "have" a local CBO but you will have to pick a CBO for guidelines to fly under. If the AMA is a CBO, they are nationwide. So even though the are not "local" to you, or even have a chapter in your area, they will still be called a CBO that you could choose.
Last edited:
From the FAA web site - The FAA-AMA pact is important because the 2012 FAA Reauthorization contained language specific to model aircraft. Congress mandated that the FAA cannot regulate model aircraft operated according to community-based standards developed by a national organization – a designation that AMA satisfies.
That congressional act was formed and passed back in 2012 and this has been in force since then. Mutually the FAA and AMA determined that the AMA was a CBO and it has acted without problem since that time. I wonder why, 10 years later, that the FAA is stepping in with the new suggestions? To me that is the FAA trying to have control over CBOs. Do this or you can't be a CBO and have no power in the model aviation industry.
brett8883
Well-Known Member
The problem is that provision of law hasn’t been in force since then. That was repealed in the 2018 FAA Reauthorization Act and the arrangement we looking at now replaced the law you cite.
It seems whatever lobbying power the model aircraft community has pales in comparison to their opponents with ulterior motives. Probably the airlines, Amazon, and Google just to name a few.
Because it was required by law:
§44809 (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.
Thanks for taking the time to post this. When I took the trust test somewhere I saw, if you do not have a CBO just state you are flying under AC97-51B which I assumed was FAA rules. I printed that on my certificate. In another thought, how do we find CBOs? Or better yet, can we just start our own?
Last edited:
No - to qualify under the exemption from Part 107 you have to fly under a CBO set of rules.
You certainly can start your own:
AC 91-57C
3.1 Community-Based Organization (CBO).
3.1.1 A CBO is defined in 49 U.S.C. § 44809(h) as a membership-based association entity that meets all of the following criteria:
“(1) is described in section 501(c)(3) of the Internal Revenue Code of 1986;
(2) is exempt from tax under section 501(a) of the Internal Revenue Code of 1986;
(3) the mission of which is demonstrably the furtherance of model aviation;
(4) 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;
(5) provides programming and support for any local charter organizations, affiliates, or clubs; and
(6) provides assistance and support in the development and operation of locally designated model aircraft flying sites.”
3.2 Applying for CBO Recognition. An organization requesting CBO recognition must provide all the documentation and information necessary to demonstrate compliance with the statutory requirements of 49 U.S.C. § 44809(h). See paragraph 3.1.1 above for a listing of those requirements. See paragraph 3.4 for further guidance on the development of safety guidelines for CBO recognition. When submitting a CBO recognition application, the applicant should provide a point of contact for the CBO whom the FAA may contact to request additional information. The FAA estimates that it may take up to 90 days to process requests for recognition. All documentation and information should be submitted via the FAADroneZone website at FAADroneZone.
3.2.1 The FAA will recognize as a CBO an applicant that submits documentation establishing compliance with 49 U.S.C. § 44809(h). The FAA will issue a letter of recognition to the CBO evidencing the organization’s status as a recognized CBO and maintain a list of recognized CBOs at Recreational Flyers & Modeler Community-Based Organizations. If the FAA discovers that a recognized CBO no longer meets the requirements of 49 U.S.C. § 44809(h), the FAA will notify the CBO of the deficiency. If the CBO is unable to meet the requirements of § 44809(h) after such notification, the FAA has the authority to issue a letter of rescission and remove the CBO’s name from the website. Letters of CBO denial or rescission will include a notification of appeal rights available to the CBO.
Similar threads
