Drone registration for hobbyists overturned
http://www.marketwatch.com/story/dr...aas-controversial-rule-court-rules-2017-05-19
http://www.marketwatch.com/story/dr...aas-controversial-rule-court-rules-2017-05-19
On Friday, a three-judge panel of the U.S. Court of Appeals for the D.C. Circuit ruled that the FAA lacked the authority to require the registration, saying that the rule ran afoul of a 2012 law passed by Congress forbidding the FAA from promulgating rules over model aircraft.
“Requiring the agency to exempt model aircraft operators from registration requirements would create a gaping hole in FAA’s enforcement authority and threaten the safety of the national airspace system,” the FAA warned in court papers.
Drone registration for hobbyists overturned
http://www.marketwatch.com/story/dr...aas-controversial-rule-court-rules-2017-05-19
Been watching this case, The winning Lawyer/drone enthusiast is from MD
Did Trump get snookered into repealing a regulation that prohibited regulation?
On October 5, 2018 the President signed the FAA Reauthorization Act of 2018. Section 349 of the Act establishes new conditions for recreational unmanned aircraft use and immediately repeals the Special Rule for Model Aircraft (section 336 of Pub. L. 112-95).
The FAA is evaluating the impact of this change in the law and how implementation will proceed. Section 349 cannot be fully implemented immediately, please continue to follow all current policies and guidance with respect to model aircraft operations.
Updated direction and guidance will be provided as the FAA implements this new legislation.
https://www.gpo.gov/fdsys/pkg/PLAW-112publ95/html/PLAW-112publ95.htm
excerpt
The Administrator of the Federal Aviation Administration shall carry
out all safety studies necessary to support the integration of unmanned
aircraft systems into the national airspace system.
SEC. 336. <<NOTE: 49 USC 40101 note.>> SPECIAL RULE FOR MODEL
AIRCRAFT. [now repealed]
(a) In General.--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, if--
(1) the aircraft is flown strictly for hobby or recreational
use;
(2) the aircraft is operated in accordance with a community-
based set of safety guidelines and within the programming of a
nationwide community-based organization;
(3) 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;
(4) the aircraft is operated in a manner that does not
interfere with and gives way to any manned aircraft; and
(5) 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)).
(b) Statutory Construction.--Nothing in this section shall be
construed to limit the authority of the Administrator to pursue
enforcement action against persons operating model aircraft who endanger
the safety of the national airspace system.
(c) Model Aircraft Defined.--In this section, the term ``model
aircraft'' means an unmanned aircraft that is--
(1) capable of sustained flight in the atmosphere;
[[Page 126 STAT. 78]]
(2) flown within visual line of sight of the person
operating the aircraft; and
(3) flown for hobby or recreational purposes.
Subtitle C--Safety and Protections
Some of Sect. 349:
https://amablog.modelaircraft.org/amagov/files/2018/09/Section-349.pdf
Exception for limited recreational oper
11 ations of unmanned aircraft
12 ‘‘(a) IN GENERAL.—Except as provided in subsection
13 (e), and notwithstanding chapter 447 of title 49, United
14 States Code, a person may operate a small unmanned air
15 craft without specific certification or operating authority
16 from the Federal Aviation Administration if the operation
17 adheres to all of the following limitations:
18 ‘‘(1) The aircraft is flown strictly for rec
19 reational purposes.
20 ‘‘(2) The aircraft is operated in accordance with
21 or within the programming of a community-based
22 organization’s set of safety guidelines that are devel23
oped in coordination with the Federal Aviation Ad
24 ministration.
Much discussion of this on this site as well.
https://www.rcgroups.com/forums/showthread.php?3137201-FAA-reauthorization-act/page34
So is the implication that part 107 now applies to everyone?
Just spreading the word
B4UFLY Mobile App
Recreational users who only fly their drone for fun, now have an improved app – B4UFLY – to help show where they can and cannot fly with interactive maps.
The FAA has partnered with Kittyhawk to redevelop the FAA's first mobile application, to improve the user experience so that recreational flyers know whether it is safe to fly their drone. The app provides situational awareness to recreational flyers and other drone users. It does not allow users to obtain airspace authorizations to fly in controlled airspace, which are only available through the FAA's Low Altitude Authorization and Notification Capability (LAANC).
The new B4UFLY app is now available to download for free at the App Store for iOS and Google Play store for Android.
Key features include:
We can track your phone to see where you're flying
A clear "status" indicator that informs the operator whether it is safe to fly or not. (For example, it shows flying in the Special Flight Rules Area around Washington, D.C. is prohibited.)
Informative, interactive maps with filtering options.
Information about controlled airspace, special use airspace, critical infrastructure, airports, national parks, military training routes and temporary flight restrictions.
The ability to check whether it is safe to fly in different locations by searching for a location or moving the location pin.
I just received an email from the FAA stating that they will be a mandatory test and proof of passing the test will be required to fly a drone. Anyone else see this? I’m assuming I’m still on the email list from when I had to pay that five dollars to register my drone which was ultimately removed. Any cliff notes on new registration schemes?
Build or don't update firmware on 336 era stuff, guess "we will not comply" works for multiple agencies.
What would the firmware update do? Not allow you to fly without a license number? I’m trying to catch up based on the goofy email.