§
I have to challenge this one. 14CFR Part 91 sets rules out for all aircraft (which even model airplanes or drones are considered). Part 91 prohibits entry into restricted airspace without approval from ATC. Part 91 does exclude certain aircraft that are listed in Part 101 but only moored balloons and kites, amateur rockets and free unmanned balloons. Model aircraft (Part 101 paragraph E) are NOT excluded from the airspace rules. So even hobbyists have to comply with airspace restrictions.
Model aircraft are not aircraft for purposes of Part 91. If they were:
1. It would have to have nationality and registration marks, to include an "N" number. (§91.9(c), §45.23)
2. Have to keep your seat belt fastened during takeoff, landing, and while enroute. (§91.105(a))
3. Your MINIMUM altitude over any congested area of a city, town, or settlement, or over any open air assembly of persons would be 1000' above the highest obstacle (§91.119(b))
4. Over uncongested areas, your minimum altitude would be 500'. (§91.119(c)).
5. You would be required to maintain altitude by reference to an altimeter (§91.121)
6. You would require an airworthiness certificate (§91.203)
6(a): A whole host of other equipment (§91.205)
7. You'd also need an ELT (§91.207)
8. You've gotta have a transponder too. (§91.215)
9. Inspections are required. (§91.405)
9(a): Annually. (§91.409)
10. You'd need to maintain maintenance records (§91.417)
I could go on, but I think the point is made.
Now, let's get back to reality: Drones are
model aircraft.
14 CFR 1.1:
Model aircraft means an
unmanned aircraft that is:
(1) Capable of sustained flight in the atmosphere;
(2) Flown within visual line of sight of the
person operating the
aircraft; and
(3) Flown for hobby or recreational purposes.
14 CFR 101:
§ 101.1 Applicability.
(a)
This part prescribes rules governing the operation in the United States, of the following:
(5)
Any model aircraft that meets the conditions specified in
§ 101.41. For purposes of this part, a
model aircraft is an
unmanned aircraft that is:
(i) Capable of sustained flight in the atmosphere;
(ii) Flown within visual line of sight of the
person operating the
aircraft; and
(iii) Flown for hobby or recreational purposes.
§ 101.41 Applicability.
This subpart prescribes rules governing the operation of a model aircraft (or an
aircraft being developed as a model aircraft) that meets all of the following conditions as set forth in section 336 of Public Law 112-95:
(a) The
aircraft is flown strictly for hobby or recreational use;
(b) The
aircraft is operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization;
(c) The
aircraft is limited to not more than 55 pounds unless otherwise certified through a design, construction, inspection, flight test, and operational safety program administered by a community-based organization;
(d) The
aircraft is operated in a manner that does not interfere with and gives way to any manned
aircraft; and
(e) When flown within 5 miles of an
airport, the operator of the
aircraft provides the
airport operator and the
airport air traffic control tower (when an
air traffic facility is located at the airport) with prior notice of the operation.
For kicks, let's look at Part 107:
§107.1 Applicability.
(a) Except as provided in paragraph (b) of this section,
this part applies to the registration, airman certification, and operation of civil small unmanned aircraft systems within the United States.
(b) This part does not apply to the following:
(1) Air carrier operations;
(2) Any aircraft subject to the provisions of part 101 of this chapter; or
(3) Any operation that a remote pilot in command elects to conduct pursuant to an exemption issued under section 333 of Public Law 112-95, unless otherwise specified in the exemption.
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§107.3 Definitions.
The following definitions apply to this part. If there is a conflict between the definitions of this part and definitions specified in §1.1 of this chapter, the definitions in this part control for purposes of this part:
Small unmanned aircraft means an unmanned aircraft weighing less than 55 pounds on takeoff, including everything that is on board or otherwise attached to the aircraft.
Small unmanned aircraft system (small UAS) means a small unmanned aircraft and its associated elements (including communication links and the components that control the small unmanned aircraft) that are required for the safe and efficient operation of the small unmanned aircraft in the national airspace system.
Unmanned aircraft means an aircraft operated without the possibility of direct human intervention from within or on the aircraft.
