Sorry fellow hobbyists, here’s a glimpse of things headed our way by the FAA! Let’s hope this doesn’t hurt FatShark sales too much. While I’ll keep my new Dominator V2, after waiting since mid-February for the HD I “purchased,” this unfortunate situation led me to cancel my pending order and wait for the dust to settle…
http://www.faa.gov/about/initiatives…_spec_rule.pdf
1[4910-13]
Federal Aviation Administration
14 CFR Part 91
[Docket No. FAA
2014-0396]
Interpretation of the Special Rule for Model Aircraft
Excerpt from page 8:
Although the FAA believes the statutory definition of a model aircraft is clear, the FAA provides the following explanation of the meanings of “visual line of sight” and “hobby or recreational purpose,” terms used in the definition of model aircraft, because the FAA has received a number of questions in this area.
By definition, a model aircraft must be “flown within visual line of sight of the person operating the aircraft.” P.L. 112-95, section 336(c)(2).
Based on the plain language of the statute, the FAA interprets this requirement to mean that:
(1) the aircraft must be visible at all times to the operator;
(2) that the operator must use his or her own natural vision (which includes vision corrected by standard eyeglasses or contact lenses) to observe the aircraft; and
(3) people other than the operator may not be used in lieu of the operator for maintaining visual line of sight.
Under the criteria above , visual line of sight would mean that the operator has an unobstructed view of the model aircraft.
To ensure that the operator has the best view of the aircraft, the statutory requirement would preclude the use of vision-enhancing devices, such as binoculars, night vision goggles, powered vision magnifying devices, and goggles designed to provide a “first-person view” from the model.
Footnote 2: The FAA is aware that at least one community-based organization permits “first person view” (FPV) operations during which the hobbyist controls the aircraft while wearing goggles that display images transmitted from a camera mounted in the front of the model aircraft. While the intent of FPV is to provide a simulation of what a pilot would see from the flight deck of a manned aircraft, the goggles may obstruct an operator’s vision, thereby preventing the operator from keeping the model aircraft within his or her visual line of sight at all times. (end of footnote)
Such devices would limit the operator’s field of view thereby reducing his or her ability to see-and-avoid other aircraft in the area. Additionally, some of these devices could dramatically increase the distance at which an operator could see the aircraft, rendering the statutory visual-line-of-sight requirements meaningless. Finally, based on the plain language of the statute, which says that aircraft must be “flown within the visual line of sight of the person operating the aircraft,” an operator could not rely on another person to satisfy the visual line of sight requirement. See id. (emphasis added). While the statute would not preclude using an observer to augment the safety of the operation, the operator must be able to view the aircraft at all times.
For Immediate Release
Agency issues interpretation of 2012 Reauthorization Law, restates authority to take enforcement action against hazardous operations. WASHINGTON – The U.S. Department of Transportation’s Federal Aviation Administration (FAA) today published a
Federal Register notice on its interpretation of the statutory special rules for model aircraft in the FAA Modernization and Reform Act of 2012. The guidance comes after recent incidents involving the reckless use of unmanned model aircraft near airports and involving large crowds of people. Compliance with these rules for model aircraft operators has been required since the Act was signed on February 14, 2012, and the explanation provided today does not change that fact. The FAA is issuing the notice to provide clear guidance to model operators on
the “do’s and don’ts” of flying safely in accordance with the Act and to answer many of the questions it has received regarding the scope and application of the rules. “We want people who fly model aircraft for recreation to enjoy their hobby – but to enjoy it safely,” said Transportation Secretary Anthony Foxx. “At DOT, we often say that safety is a shared responsibility, so to help, we are providing additional information today to make sure model aircraft operators know exactly what’s expected of them.” In the notice, the FAA restates the law’s definition of “model aircraft,” including requirements that they not interfere with manned aircraft, be flown within sight of the operator and be operated only for hobby or recreational purposes. The agency also explains that model aircraft operators flying within five miles of an airport must notify the airport operator and air traffic control tower. The FAA reaffirms that the Act’s model aircraft provisions apply only to hobby or recreation operations and do not authorize the use of model aircraft for commercial operations. The notice gives examples of hobby or recreation flights, as well as examples of operations that would not meet that definition. “We have a mandate to protect the American people in the air and on the ground, and the public expects us to carry out that mission,” said FAA Administrator Michael Huerta. The law is clear that the FAA may take enforcement action against model aircraft operators who operate their aircraft in a manner that endangers the safety of the national airspace system. In the notice, the FAA explains that this enforcement authority is designed to protect users of the airspace as well as people and property on the ground. The FAA will be working with its inspectors and model aircraft operators across the country to ensure they give standard information to the public on how to satisfy these statutory requirements and avoid endangering the safety of the nation’s airspace. The FAA is also developing a plan to work with the law enforcement community to help them understand the FAA’s rules for unmanned aircraft systems, as well as the special statutory rules for model aircraft operators, so they can more effectively protect public safety. The agency wants the public to know how and when to contact the FAA regarding safety concerns with UAS operations. You can visit the Agency’s
Aviation Safety Hotline website or call 1-866-835-5322, Option 4. While today’s notice is immediately effective, the agency welcomes comments from the public which may help further inform its analysis. The comment period for the notice will close 30 days from publication in the
Federal Register. >
View the notice See
Section 336 of the 2012 FAA Modernization and Reform Act