The Canceling Of An Advisory Circular For Model Aircraft May Seem A Limited Action, But It Means Rule Changes Are Coming

Model aircraft flyers have operated in the national airspace system under the voluntary guidance provided by AC 91-57 since 1981. But, over the last few years the introduction of highly sophisticated vertical-lift ground-controlled aerial vehicles has changed things.

The FAA has issued a memorandum regarding AC 91-57 that reads, in part:

“This AC is superseded by statutory language in the FAA Modernization and Reform. Act of 2012, Section 336. The FAA has issued an interpretation regarding the scope of the special rule and the FAA’s enforcement authority over model aircraft as affirmed by the statute. The new interpretation also provides guidance to the model aircraft industry. Therefore the guidance in this AC is no longer applicable. A new AC is under development and will be coordinated with the appropriate offices.”

The vast majority of radio-controlled (RC) model aircraft flyers belongs to the Academy of Model Aeronautics (AMA) and have operated their aircraft in a responsible fashion for many years. The AMA worked with the FAA in the development of AC 91-57 in 1981 to establish a set of voluntary rules for model aircraft operation. The AMA also publishes its own list of membership safety rules and actively promotes safe model aircraft operations.

The challenges for model aircraft operators began a few years ago with the introduction of sophisticated multi-propeller vertical lift RC vehicles. The technology of these vehicles progressed quickly into complex RC flying vehicles that can perform multiple functions. The big question became, are these model aircraft? The FAA has applied the generic term unmanned aerial systems (UAS) to these new aircraft, and it appears that traditional model aircraft have found themselves slipping into this same definition.

While the FAA has been mandated through congressional legislation to develop operational rules for commercial and noncommercial use of radio-controlled aircraft, regulations have been proposed but not approved as of yet. Without AC 91-57, model aircraft flyers who are true hobbyists can now only rely on AMA guidelines and hope that by following these guidelines they will not find themselves under the heavy boot of the FAA. UAS operators are, for the time being, are finding themselves in a regulatory no man’s land.

The FAA has developed procedures by which UAS operators may make application to operate their vehicles for commercial use. However, there are thousands of these types of vehicles being operated by people who don’t know what the AMA is or even realize there is a national airspace system.

Everyone in aviation has an interest in how this turns out. Safety is the primary concern, but there is also the possibility that FAA actions and rules that could have a broad-reaching and damaging effect on recreational model aircraft flyers, the use of the national airspace system, and on the new and vibrant UAS industry.

FMI: www.faa.gov/regulations_policies/advisory_circulars/