Provided Guidance To Recreational Flyers On Adhering To New Laws

The FAA has issued an advisory circular to provide interim guidance to drone operators for recreational purposes under the statutory exception for limited recreational operations of unmanned aircraft (Title 49 of the United States Code (49 U.S.C.) § 44809).

This AC restates the statutory conditions to operate under the exception and provides additional guidance on adhering to those conditions. Under the rules, recreational flyers may only operate under the statutory exception if they adhere to all of the conditions listed in the statute.

The parameters include operation only within Visual Line of Sight of the operator, or a visual observer co-located and in direct communication with the operators; the aircraft is operated in a manner that does not interfere with, and gives way to, any manned aircraft; In Class B, C, or D Airspace or within the lateral boundaries of the Surface Area of Class E Airspace designated for an airport, the operator obtains prior authorization from the administrator or designee before operating and complies with all airspace restrictions and prohibitions; flights are conducted below 400 feet AGL, and; the operator has passed an Aeronautical Knowledge and Safety Test and maintains proof of test passage to be made available to the administrator or a designee of the administrator or law enforcement upon request.

The drone must also be registered and externally marked.

The FAA The FAA intends to provide further information on how organizations can be recognized by the FAA as official Community Based Organizations (CBOs) such as the AMA, and developing a training module with an accompanying test to provide basic aeronautical education to all recreational flyers and enhance the safety of the NAS through greater education and awareness. The training and test will be developed in consultation with stakeholders. The FAA expects to provide the training module and test to recognized CBOs for online administration to their members and also to the general public.

The FAA acknowledges in the AC that existing aeromodelling organizations have developed safety guidelines that are helpful to recreational flyers. An example is the AMA safety guidelines, which have previously been reviewed by the FAA as part of the organization’s Recognized Industry Organization (RIO) status for participation in the National Aviation Events Program. These or existing safety guidelines of another aeromodelling organization may be used for recreational operations, provided the guidelines do not conflict with the other statutory conditions.

This guidance is not legally binding in its own right and will not be relied upon by the DOT or the FAA as a separate basis for affirmative enforcement action or other administrative penalty. Regardless of whether you rely on this guidance, you are independently required to comply with all existing laws applicable to the operation of unmanned aircraft. Conforming your actions with this guidance is voluntary and nonconformity will not affect any right or obligation under any existing statute or regulation.

(Source: FAA. Image from file)

FMI: Advisory Circular