Law Goes Into Effect August 29

People who fly UAVs and model airplanes under Part 101 of the FARs may find themselves in violation of the new Part 107 when it goes into effect on Monday, August 29.

According to the FAA's new rules, to operate as a "hobbyist" under Part 101, the following conditions must be met:

1) the aircraft is flown strictly for hobby or recreational use;
2) the aircraft is operated in accordance with a community based set of safety guidelines and within the programming of a nationwide community-based organization;
3) the aircraft is limited to not more than 55 pounds unless otherwise certified through a design, construction, inspection, flight test, and operational safety program administered by a community-based organization;
4) the aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; and
5) when flown within 5 miles of an airport, the operator of the aircraft provides the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice of the operation (model aircraft operators flying from a permanent location within 5 miles of an airport should establish a mutually-agreed upon operating procedure with the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport)).

Aviation attorney Loretta Alkalay writes in the Drone Law Journal that a "Community Based Organization" is not clearly defined, and the FAA has said that such a definition is "beyond the scope of this rulemaking" in the preamble of the rule. So some hobbyists may find themselves unknowingly operating under Part 107, which requires a special pilot certificate.

Sounds like that should also come under the heading of "Know before you fly" ...

(Image from file)

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