View from HQ - 2014/09
Concerns with FAA’s rule interpretation
Contact: [email protected]
By now, most of you should be aware of the FAA’s Interpretation of the Special Rule for Model Aircraft issued on June 23, 2014. A key point is that this recent 17-page document is the FAA’s interpretation of the special rule. It is not law.
AMA has a number of concerns with this interpretation. Our primary concern is that the interpretation appears to be creating new rules for model aircraft that directly conflict with the Special Rule and Congress’ intent as to how model aircraft would be managed in the National Airspace System (NAS).
The law clearly states that the FAA may not “promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft” if the model aircraft meets the terms of the provisions in the law and is operated within the program of a community-based organization.
Apart from the premise that the FAA is essentially creating new rules and regulations for model aircraft, AMA has other concerns with the FAA’s interpretation of the law that could have a negative and damaging impact on model aviation enthusiasts.
Part of our concern is the considerable amount of ambiguity in the interpretive rule’s language which, in many cases, leaves readers unsure of the FAA’s intent. There are some instances that create a clear cause for concern. Examples include:
- Model aircraft enthusiasts could be subject to all the rules and regulations of the NAS, including those intended for full-scale aircraft. If a private pilot is cited for a violation while flying a model aircraft, the pilot’s full-scale license could be jeopardized.
- The interpretive rule requires modelers to get authorization to fly within 5 miles of any one of the more than 17,000 full-scale airports in the U.S. An airport authority could prohibit flying within that 5-mile radius—even if a club has flown at the site for decades.
- The interpretation could affect thousands or tens of thousands of model aviation enthusiasts and hundreds of AMA-chartered clubs.
- The interpretive rule subjects model aircraft to all NAS rules. To enter Class B airspace, for example, an aircraft operator would need to be licensed, establish two-way radio communication, have a transponder (a device that helps controllers better identify an aircraft), or otherwise obtain authorization. It is impossible for a model aircraft to comply with all of these requirements, and in some cases classes of airspace begin at ground level.
- This could eliminate nearly 100 AMA-chartered club flying sites that have flown safely in Class B airspace for years, and potentially hundreds more that fly in other controlled airspace.
- In its strictest sense, the interpretation could give the FAA the ability to dictate the layout of club flying sites, shut down park-pilot flying sites in urban areas, and permit enforcement action against a modeler who allegedly violates the statute.
- The FAA may, at its discretion, subjectively apply any rule or regulation created to address full-scale operations to model aircraft. In the strictest sense, this could even require licensing of model aircraft pilots. Although unlikely, it clearly opens the door to that possibility.
There are more examples of concern within the interpretive rule, but these are the most egregious.
In mid-July, AMA met with FAA leadership to express its concerns and offer suggestions on how some of the ambiguity could be eliminated from the interpretive rule. Although no definitive action resulted from this meeting, we felt that our concerns had been heard and that our suggestions would be seriously considered. We’ll know more after the comment period ends.
AMA has asked Congress to help clarify any confusion that may have prompted the FAA’s Interpretation of the Special Rule for Model Aircraft. We understand that this is how the FAA is interpreting Congress’ intent. Nonetheless, we believe the FAA’s interpretation is in error. AMA will continue to work to resolve these issues because we believe it is in the best interest of our members and all model aviation enthusiasts to do so.
See you next time ...
Transcribed from original scans by AI. Minor OCR errors may remain.
