The Drones Have Landed

As far back as February 7, 2012, the Academy of Model Aeronautics (AMA), reported that the Senate and the House by “passing the FAA Modernization and Reform Act of 2012 both the House and Senate included a provision aimed at protecting model aviation from burdensome regulations.” The AMA argued that a “new registration rule runs counter to Congress' intent in Section 336 of the FAA Modernization and Reform Act of 2012, otherwise known as the "Special Rule for Model Aircraft." It now appears the “Special Rule for Model Aircraft” isn’t so special after all. The AMA has diligently negotiated and contended with the FAA and the DOT to exempt those who fly fixed and rotary wing model aircraft (particularly AMA members), from having to engage in federal registration of their aircraft because AMA members are bound by the AMA safety code, are recreational fliers, and have to affix their AMA number on, or in, their aircraft. Today, the drone (bug) issue has come full circle since Febuary 7, 2012. The AMA reported on Dec 17, 2015 “all model aircraft and unmanned aircraft systems (UAS) weighing between 0.55 and 55 pounds” will require registration with the FAA. The AMA was urging members to delay registering their aircraft until the February 19, 2016 deadline until otherwise notified but have now told members to register their aircraft.

Caught In Commercial Turbulence?

Seemingly almost overnight, how did bugs garner national attention from newspapers like the Wall Street Journal, the Washington Post and media outlets like CBS News? The answer to the above question as I see it hinges on two important points. First, when companies like Amazon (Prime Air), and Google (Project Wing), plan for the future use of UAS’ as delivery platforms for their products, new and innovative ideas from these companies always seem to elicit national attention. Exactly how Aunt Mary’s latest Nora Roberts novel will safely be delivered to her front door via Amazon bug is a monumental problem for the FAA and commercial entities to figure out. Adding to the problems complexity and flight safety, bugs can now be flown with FPV (First Person View). FPV means the bug can be controlled out of normal eyesight—which violates current FAA guidelines for non commercial fliers, and still be navigated via monitor screen. Caught in this commercial crossfire is the R/C hobbyist. AMA members, working with the FAA, have been flying safely from designated club fields for over 3 decades. Any type of commercial use of an R/C aircraft has always required the pilot to report the commercial use to the FAA for approval/certification. Moreover, commercial use of R/C aircraft was typically very rare. It will not, however, be a rare event with the daily delivery of products in your local neighborhood by bug. Incidentally, a photographer filming an outside wedding from above via bug is considered commercial use, and must also obtain FAA clearance. Moreover, the wide scale sale of bugs to the ignorant neophyte pilot with no knowledge of the rules mandated for safe flying can be a recipe for potential disaster. There are many reports of irresponsible piloting of these aircraft. Reports range from invasion of personal privacy using high resolution camera equipped bugs, flying over people, flying over altitudes of 400 feet, flying within five miles of an airport, interfering with first responders, and near misses with full scale aircraft. But is it the newcomer to R/C or the seasoned recreational flyer that’s causing the problems? The AMA issued a report regarding a Government study on UAV misuse and summed it up this way: “Moreover, the assumption that all drone flyers are “hobbyists” or recreational users is clearly inaccurate. As noted in this analysis, there are several instances of military sightings and mishaps, including two actual crashes. There are also public entities and commercial operators flying with or without authorization. When the operator is not identified, it is not possible to determine the purpose of the operation. Further, some reports may actually be drones operating responsibly pursuant to FAA guidelines, and some reported sightings of drones may not even be drones at all.” As far as the AMA is concerned, it isn’t the recreational pilot that deserves the finger pointing. To their credit, the AMA has, and still contends AMA members, whatever they fly, should be exempt from Federal registration of their aircraft. AMA members are responsible recreational fliers and already abide by the AMA FAA approved safety code.

The Downwind Leg

Do I consider registration of all UAS’ with the FAA as a “burdensome regulation”? Perhaps not too burdensome, yet still another annoying step for those who follow the rules with more government intrusion in our lives. At any rate, bug (UAS), registration is one step in keeping the skies safe, maintaining some sort of control and accountability over their commercial use, and corralling the irresponsible flier. Unfortunately, for the AMA member who flies from approved air fields, their SIG Kadet, or helicopter is considered a UAS. There is no discernible Government differentiation between the recreational bug, the commercial bug, the helicopter, or the fixed wing Kadet regarding registration. Since UAS registration is now mandated by the Federal Government, violation of the mandate is now a criminal offense and and is punishable by law and can carry hefty fines. The FAA says: “The FAA may assess civil penalties up to $27,500. Criminal penalties include fines of up to $250,000 and/or imprisonment for up to three years.” In addition to Federal penalties, cities are considering passing local laws to prosecute those who violate yet undrafted city or state drone guidelines. Enforcement of the new FAA UAV registration mandate will be relegated to local police authorities—which I’m sure they’re thrilled about. To help local LE, there is a Law Enforcement Reference Card available from the FAA. Although I don’t envision local police checking for FAA registration cards at the local flying field, Fortune Magazine reported “The FAA said on Tuesday that it’s fining drone startup SkyPan International $1.9 million for allegedly conducting 65 drone flights without the required authorization. This fine was levied for taking aerial photography over New York City and Chicago between March 2012 and December 2014. The above example illustrates the law is clearly enforceable. If one wishes to undertake, consider a commercial venture, or are unsure what constitutes a commercial venture with a bug, it’s best to consult with the FAA and get cleared before you take off. For those who fly in unauthorized areas, endanger people/property, or decide to take secret HD video of your neighbors sunbathing on their back deck; rest assured, you’ll be educated and/or reported to local police by those who know the rules. Many clubs have spent years in maintaining a good name, struggled to keep their flying fields, and promoted good will within their respective districts by being responsible with their hobby. It’s certainly understandable that some ire is felt when reckless individuals can potentially eradicate years of effort with one inaneact. Individuals who want to learn the rules and fly safely, consult with your local flying club. They’ll all be happy to teach you to fly, and fly safely. We’re all for bringing new modelers into the fold—even if the only thing you have to fly is a bug! FLY Safe! John W. Blossick Tail Slide Haven Jan 2016