The U.S. House of Representatives has passed a new FAA Reauthorization Act. The act seeks to protect our ability to fly under the current FAA Section 336. However, they added language into the Unmanned Aircraft Systems section that may be a concerning prospect going forward. While the bill is through the House, it now moves to the Senate, which will draft its own version. Beyond this, there will be a meeting of the minds between the House and Senate. The bill will then be put to a vote.
While we have won a victory, keep in mind things can change at the drop of a hat. We need to stay vigilant to protect our right to fly![vc_row][vc_column][vc_single_image image=”2151″ img_size=”full” alignment=”center” onclick=”link_image”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
What is FAA Section 336?
Section 336 is the Special Rule for Model Aircraft. The FAA cannot create any rule or regulation regarding model aircraft if adhering to the following rules:
- The model aircraft is flown strictly for hobby or recreational use.
- The aircraft operation is in accordance with a community-based set of safety guidelines. Operation must be within the programming of a nationwide community-based organization.
- The aircraft is 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.
- The aircraft operation is in a manner that does not interfere with and gives way to any manned aircraft.
- When flown within five miles of an airport, the operator of the aircraft provides the airport operator and the airport air traffic control tower with prior notice of the operation.
If flight operations do not adhere to these rules, the FAA can pursue enforcement if safety of the national airspace is at risk. These rules, combined with registering as a UAS pilot at the FAADroneZone is what keeps us flying safe and within the rules.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
Language in the Proposed Bill
Special Rules for Model Aircraft
- Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this subtitle, the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft or an aircraft being developed as a model aircraft (other than the registration of certain model aircraft pursuant to section 44103), if—
- The aircraft is flown strictly for hobby or recreational use.
- Aircraft operation is in accordance with a community-based set of safety guidelines and within the programming of a community-based organization.
- The aircraft is 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.
- Aircraft operation is in a manner that does not interfere with and gives way to any manned aircraft.
- The aircraft is not operated over or within the property of a fixed site facility that operates amusement rides available for use by the general public or the property extending 500 lateral feet beyond the perimeter of such facility unless the operation is authorized by the owner of the amusement facility.
- 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 (model aircraft operators flying from a permanent location within 5 miles of an airport should establish a mutually agreed upon operating procedure with the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport.
Changes from Current Act
The only major change from the current Section 336 here is a restriction on sites that operate amusement rides. A provision requiring drone registration is present, which was not in the previous reauthorization act. The bill also defines community based organizations and the requirements to establish one. The full proposed bill can be found here: House of Representatives – FAA Reauthorization Act of 2018. This bill is the entire FAA reauthorization proposal; but when it comes to UAS content begins on page 113.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_single_image image=”2174″ img_size=”full” alignment=”center” onclick=”link_image”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
What’s At Risk?
The Commercial Drone Alliance has many companies behind its interests in Section 336, including CNN, Ford Motor Company, ParaZero, and uAvionix. The CDA, in their bid to lobby Washington D.C., wants to establish some “rules of the road” to manage all air traffic generated by model aircraft. The CDA is pushing for mandatory remote identification, which would require yet another component for our models. Of course, the cost would be yours to absorb. According to one of their member’s websites, uAvionix stands ready to provide these components. The smallest of these, the pingRX, comes in at a whopping $200 price tag. The option for remote identification is not on the cutting room floor just yet.
The CDA attests (as evidenced by their Legislative Priorities document) that FAA Section 336 for hobbyists “endangers the safety and security of the airspace, and slows innovation.” While not stated explicitly, there is an air of pushing hobbyists out of the sky to make room for commercial operations. What the CDA may not understand is the technology that they use in their commercial drones was born of the innovations of the hobbyist during the last 70 years![/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
Other Concerning Topics
There stands in the proposed bill a section regarding micro UAS operations. They define Micro UAS as any aircraft weighing 4.4 pounds or less. Here they want to establish a rule-making committee to consider the following regulations:
- To operate a micro UAS without the need to obtain an airman certification the pilot would have the following restrictions:
- Operating at an altitude of less than 400 feet above ground level.
- Airspeed of not greater than 40 knots (approximately 46 mph or 74 kph).
- Within visual line of sight of the operator.
- During the hours between sunrise and sunset.
- By an operator who has passed an aeronautical knowledge and safety test administered by the FAA, tailored to micro UAS.
- Not over unprotected persons uninvolved in its operation.
- Not within 5 statute miles from the geographic center of a tower controlled airport or airport on FAA published aeronautical chart unless:
- Prior notice is provided to the airport operator.
- Receives prior approval from the air traffic control facility located at the airport (if one is present).
Depending on the result of this committee, this could severely limit our ability to fly current technology. This could also pose an immediate threat to the multirotor and fixed wing racing culture that has developed.[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_single_image image=”2176″ img_size=”full” alignment=”center” onclick=”link_image”][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
What Can You Do?
We as pilots of model aircraft, whether you fly multirotors or fixed wing aircraft, need to make our voices heard! We have a right to the national air space and the right to innovate. There are organizations like the Academy for Model Aeronautics (AMA) and the Drone User Group Network (DUGN) that are lobbying for our rights under Section 336. By becoming a member, you are supporting those efforts as well as joining a community-based organization under which you can fly.
Beyond that, one of the most effective things that you can do is to personally contact your state representatives and senators. Tell them why you fly and the importance of maintaining our rights under Section 336 as hobbyists and innovators. Corporations do not own the rights to the sky and, I for one, refuse to let them keep me from my passion. Below are links that will take you to a place where your voice can be heard. Choose your method, either through contacting your congressmen and congresswomen through Democracy.io or directly through their Twitter accounts.
Remember, when contacting your congressmen and congresswomen, be polite, be concise, and most importantly, be professional! Also, below you will find a letter that I have written that you can use if you like.[/vc_column_text][/vc_column][/vc_row][vc_row bg_type=”bg_color” bg_color_value=”#efefef”][vc_column][vc_column_text]
Letter to Congress
Dear Senator/Representative (Last Name),
I am writing you in regards to the FAA Reauthorization Act of 2018, specifically Title III, Subtitle B of House Resolution 4. I am concerned regarding the rights of the hobbyist model aircraft provisions laid out. There is potential for many people to lose the ability to participate in a hobby that America has enjoyed for 80 years. I understand that the commercial drone industry has been lobbying for more restrictions for hobbyist pilots. I will always support innovation; however, by limiting the rights of individuals to use the skies, future development would become stagnant.
The commercial drone industry has brought many new technologies into current generation models. However, most of those innovations were wrought from the efforts and abilities of the hobbyist community. One company, or even the commercial drone collective as a whole will never match the ability of the masses to create, test, and implement new technologies.
Why We Need Your Help!
Many of your constituents are model aircraft enthusiasts who participate in many different events as a community. Through the competition of drone racing alone, the companies that provide components for model aircraft have driven the evolution that allow both the hobbyist and commercial drone industry to enjoy lighter, more reliable models. As many of the multirotors that we fly are under the 4.4 pound limit (Micro UAS) it would also limit the ability for competition events by requiring our speeds be under 40 knots.
I also know that up for discussion is remote identification technologies, which at the current time are cost prohibitive for the average consumer to utilize in their aircraft. Requiring this would create a price bottleneck that few could afford to implement. This hinders the ability for the model aircraft community to grow and continue to innovate. Model aircraft, specifically multirotors, have been a major inspiration to current STEM classes as well as new innovations in agriculture and mapping.
I want to thank you for your time. I hope that you will support model aircraft hobbyists so we can continue to pursue our passion. Pursuing this hobby has changed so many lives, has inspired countless people, and continues to fuel innovation.
Sincerely,
(Your Name Here)[/vc_column_text][/vc_column][/vc_row][vc_row][vc_column][vc_column_text]
How to Contact Contact Congress
Follow the links below to contact your congressmen and congresswomen directly. Democracy.io will ask you for your address and automatically select the appropriate people for you to contact. Let me know in the comments below that you made your voice heard![/vc_column_text][/vc_column][/vc_row][vc_row][vc_column width=”1/2″]
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This is important, and we all need to pay attention. This is something that doesn’t get enough attention and isn’t defended by enough people.
Agreed
Thank you for providing this important information. Many in the FPV community are getting motivated to resist changes to regulations that will restrict our hobby but don’t know how to contact our representatives. This is the perfect information that we need.
Just did my part !