Law Would Require Any Unmanned Aircraft To 'Comply With All Instrument Flight Rules'

Two state senators in the state of Colorado who appear to have at least heard the word "airplane" during their lives have crafted legislation that would essentially end the hobby of flying RC aircraft in the state.

The blog drone-rss.com reports that the proposed law, written by State Senators Linda Newell and Kevin Lundberg and which has not yet been introduced in the Colorado legislature, would essentially freeze out any flight by hobbyists by making the rules impossible to follow.

The bill says that:

(1) A private person who uses an unmanned aerial vehicle shall meet the equipment requirements applicable to the class of airspace within which the unmanned aerial vehicle is operated.
(2) A private person who uses an unmanned aerial vehicle for recreational use shall comply with all instrument flight rules, including but not limited to flying the unmanned aerial vehicle within the operator’s sight, for no farther than three miles, for no more than four hundred feet above the ground, during daylight, inside uncontrolled airspace, and at least five miles from an airport or other location with aviation activities. An unmanned aerial vehicle that is used for recreational purposes shall not use autonomous operations.
(3) If a person or entity wants to use an unmanned aerial vehicle for recreational or commercial use or for unmanned aerial vehicle research, the person must obtain an experimental airworthiness certificate or certificate of waiver or authorization from the Federal Aviation Administration.

Yes that does say that any person flying an unmanned aircraft of any type for any purpose would be required to follow IFR regulations, and must obtain an airworthiness certificate or waiver for his or her aircraft.

The blog's author points out several fundamental flaws in the legislation, such as the FAAs exclusive jurisdiction over the regulation of airspace, and the that Congress has expressly prohibited the FAA from regulating recreational users.

Since the legislation has not been introduced, it is possible that it will never see the light of day. More likely, if the Colorado legislature is like most, it would die in committee when people who have a better understanding of aviation get a look at it. The blog's owner encourages UAV enthusiasts to contact the two state senators concerning the legislation.

FMI: Blog Post, Senator Lundberg, Senator Newell