Monday, June 30, 2014
Last week the Federal Aviation Administration published notice of and requested comment on its interpretation of the special rule for model aircraft established in the FAA Modernization and Reform Act of 2012. Essentially, the FAA is attempting to clarify the types of model aircraft that will be exempt from future FAA rulemaking on drones as called for in the Modernization and Reform Act. For example, the Act exempts unmanned aircraft that are "flown within visual line of sight of person operating the aircraft." The FAA interprets this to require that aircraft operating under this exemption be visible to the operator at all times, without the aid of binoculars or reliance on persons other than the operator. The Act also restricts the model aircraft exemption to aircraft flown strictly for hobby or recreational use. The FAA's interpretation defines "hobby or recreational use" to exclude any commercial operation or usage incidental to a business. The published notice includes helpful examples of non-exempt usages such as realtor using an unmanned aircraft to take aerial photographs of a property. Comments on the FAA's interpretation must be submitted by July 25.