Watch "New FAA Drone Rules Coming
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FLYBOYJ
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The bill passed in the senate, on its way to the POTUS for signature.
336 will go away, now replaced with Section 349.
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—
“(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.
“(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.—
(1) 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.”.
(2) 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.
336 will go away, now replaced with Section 349.
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—
“(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.
“(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.—
(1) 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.”.
(2) 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.
FLYBOYJ
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Right now the cost for the online test for part 61 pilots to get their 107 certificate is (drumroll................) $00000000 ZERO!
Soarmax
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Part 107 costs $150 to take the exam if no other license is held. If you don't pass the fee is assessed again upon repeat exam. For this reason there are several prep course to help you pass the first time. There's a lot of material on the exam that refers to reading charts and other skills the hobbyists would not necessarily be familiar with.
Part of the motivation of this bill is to slow the proliferation of hobbyists drones into the sky. So a sizeable fee will likely be attached to the exam and that will cause some consumers to be hesitant to invest in a drone.
I think slowing the growth of the hobby and promoting safety and competency are beneficial to us all. But long term the money to be made from commercial use of drones will lead to more legislation that further marginalizes is hobbyists.
Amazon, Fedex and the like won't let amateurs occupy the airspace they want for big business. And the government (FAA) can carve up the space and sell it off just like the FCC does with radio frequency bandwidth.
I'm afraid that scenario is inevitable. Please tell me I'm wrong. Sounds awful.
Part of the motivation of this bill is to slow the proliferation of hobbyists drones into the sky. So a sizeable fee will likely be attached to the exam and that will cause some consumers to be hesitant to invest in a drone.
I think slowing the growth of the hobby and promoting safety and competency are beneficial to us all. But long term the money to be made from commercial use of drones will lead to more legislation that further marginalizes is hobbyists.
Amazon, Fedex and the like won't let amateurs occupy the airspace they want for big business. And the government (FAA) can carve up the space and sell it off just like the FCC does with radio frequency bandwidth.
I'm afraid that scenario is inevitable. Please tell me I'm wrong. Sounds awful.
My 2 cent theory on this........So in a couple weeks DJI will ground all drones and issue a new software update. To fly the drone we'll have to key in a valid FAA license number.
Then all of our flight records are recorded and uploaded to DJI for periodic review by the FAA.
Then all of our flight records are recorded and uploaded to DJI for periodic review by the FAA.
That makes sense. FAA could easily identify unauthorized flights by cross-referencing uploaded flight data against approved authorizations. You'd get a computer generated citation in the mail with minimal manpower on their end. The DOT already does similar data collection with intersection cameras and license plate readers to issue traffic tickets. Every day we are closer to an Orwellian state.
But since DJI is based on China there's no way the FAA will share data from US citizens and airports with a communist state regularly advised of hacking our security. But I agree they will find some way to track hobbyists flights and associated rule infractions.
But since DJI is based on China there's no way the FAA will share data from US citizens and airports with a communist state regularly advised of hacking our security. But I agree they will find some way to track hobbyists flights and associated rule infractions.
FLYBOYJ
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FLYBOYJ
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That fee is what the testing center, not the FAA charges. Unfortunately the testing centers have a monopoly in this area.
One way or another you must cough up $150 each time the Part 107 exam is taken. You pay the exam center and they forward the FAA their share.
Prep course fee too if you want to review test materials and practice exams.
And don't forget about your drone registration fee. Ha
I'd be shocked if the proposed exam for hobbyists doesn't require you to get out your checkbook. Bureaucracy costs money to sustain its self!
Prep course fee too if you want to review test materials and practice exams.
And don't forget about your drone registration fee. Ha
I'd be shocked if the proposed exam for hobbyists doesn't require you to get out your checkbook. Bureaucracy costs money to sustain its self!
Civil disobedience is the active, professed refusal of a citizen to obey certain laws, demands, orders or commands of a government or occupying international power.
Resistance to Civil Government (Civil Disobedience) is an essay by American transcendentalist Henry David Thoreau that was first published in 1849.
Thoreau begins his essay by arguing that government rarely proves itself useful and that it derives its power from the majority because they are the strongest group, not because they hold the most legitimate viewpoint.
Resistance to Civil Government (Civil Disobedience) is an essay by American transcendentalist Henry David Thoreau that was first published in 1849.
Thoreau begins his essay by arguing that government rarely proves itself useful and that it derives its power from the majority because they are the strongest group, not because they hold the most legitimate viewpoint.
Soarmax
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This isn't really about idiot rogue pilots, it's about really big money convincing the FAA to kick the hobby drones out of the sky beween zero to 400 ft so they can use commercial drones to deliver packages.
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fmpdx
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These rules and discussion sound very buracratic and freedom losing which is enough for me to leave the hobby. If I have to pay $150 dollars in the next 180 days that sucks. I don't hardly fly anyway as it is something to do on the weekend if I travel to a scenic place. If I feel constricted in having fun then ... I've noticed all my flights are monitored so why should I give an entity amunition to destroy me. It doesn't make sense.
You only have to pay the $150 for a Part 107 certification if you plan on flying commercially for profit. No fee for recreational drone use. At least for now anyway.But it remains to be seen as to what they think up next to ruin our fun.
The $150 fee is for commerical pilots (Part 107) which is voluntary and not required from hobbyists. This is a cost of doing business for those who profit from their drone flights.
The 180 days is the time the AMA has to draft the knowledge test for hobbyists. You are not under any timeline to decide anything.
All hobbies have an associated cost - it's up to the individual to decide how they want to spend their money. Biking, scuba diving, fishing, photography are all popular hobbies with similar costs.
The proposed regulations are actually quite sensible and reasonable. They will promote pilot knowledge and responsibility. There is no specific rule in the bill that I find overly restrictive. Anybody who drives a car has similar requirements. A drone is a flying vehicle after all.
I would expect the AMA to charge an exam fee in order to recoup their costs of administrating the test. They will probably offer a discount to members to encourage new enrollments. I have joined AMA because they are our best lobbyist now that the legislature has recognized them as an authority. And AMA membership includes liability insurance. It's smart to have this coverage and extremely likely to be mandatory in the future.
But leaving the hobby before the regulations are finalized and no fees have been announced is a bit premature. I really enjoy my flights and the money I've spent has been rewarding.
You will be missed
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