AMA in Action 2014/06

The short answer—yes. Operating recreational
unmanned aircraft (model aircraft) using first-person
view (FPV) is legal. The more relevant question may
be, “Will it remain legal?”
There currently are no laws or regulations prohibiting the
operation of model aircraft using FPV technology; however,
in light of some of the anomalous activity displayed on
YouTube and several reports of unsafe FPV operations,
the appropriateness of FPV has been questioned by many
regulators and government officials.
During the past three years, there have been numerous
incidences where full-scale pilots have reported sighting
unmanned aircraft in proximity to manned aircraft and at
heights well above the normal operating altitude for model
aircraft. Because the sightings are generally beyond the visual
line-of-sight range for most model aircraft, the use of FPV or
other automated fl ight technology is suspected.
Some of the activity occurring is plain foolishness, but much
of it is caused by an honest misunderstanding of the basic
safety tenants for operating in the National Airspace System
(NAS). All pilots operating under visual fl ight conditions
are required to see and avoid other aircraft and obstacles on
the ground. For pilots of radio-controlled aircraft, this means
maintaining visual contact with your aircraft and the airspace
around it. You must know its location and orientation in
relationship to other aircraft to effectively maneuver your
aircraft away from and avoid creating a collision hazard with
other aircraft in the airspace.
It’s not enough to merely avoid manned aircraft. Model
aircraft must remain “well clear” of manned aircraft so that the
pilot of the manned aircraft does not perceive the possibility
of a collision. Model aircraft operating under the provisions of
the FAA Modernization and Reform Act
of 2012 (Public Law 112-95, Sec. 336)
must be “operated in a manner that does
not interfere with and gives way to any
manned aircraft.” AMA’s guidance for
“See and Avoid” can be found in AMA
Document #540-D.
The assumption here is that the model
aircraft is being fl own in airspace where
there’s a possibility of encountering
other aircraft. But, what if the model
aircraft is being fl own where there is
a near impossibility of encountering
another aircraft or at a substantially low
altitude, perhaps even below the height
of the surrounding obstacles? Would the
FPV pilot be required to maintain continuous visual contact
with the model aircraft, or could he or she fl y around a tree or
behind an obstacle, momentarily losing sight of the model?
Because we’re working within conceptual guidelines, there
is some room for situational awareness and personal judgment.
There may be room for slight latitude in such situations;
however, a model aircraft pilot must always be aware of his
or her surroundings and the aircraft’s operating environment,
and he or she must never endanger persons or property. Pilots
must be able to justify any deviation from established safety
guidelines and be held accountable for their actions.
FPV enthusiasts must also be cognizant that FPV is under
extensive scrutiny by regulators and legislators. The future
of the activity depends on the willingness of the FPV/sUAS
community to act in a safe, responsible, community-friendly
manner.
The AMA recognizes that FPV is a growing segment of
the aeromodeling activity and this innovative technology
has captured the imagination and interest of members
and nonmembers alike. The AMA has a lengthy history of
embracing new technologies and providing appropriate safety
guidelines to allow new aeromodeling activities to transpire in
a safe and responsible manner.
The AMA has embraced FPV and in 2008 began developing
new guidelines for this activity. During the past fi ve years,
AMA’s Advanced Flight Systems Committee has monitored
the activity and progressively updated the safety guidelines
as the technology has developed and as the interests of the
community have evolved. The current guidelines for FPV and
the use of automated fl ight systems can
be found in Documents #550 and #560
in the Documents section of the AMA
website.
It’s important that those who share
our love for this hobby are well informed
and participate in advocating for the
rights and privileges of the aeromodeling
community. Timely updates regarding
regulatory actions and UAS legislation
are available at www.modelaircraft.org.
They can also be found on Facebook by
“Liking” ‘AMAGov’ and on Twitter at
<Twitter.com/AMAGov.>
—Rich Hanson
Government and Regulatory Affairs