The FAA’s proposed rules to govern the use of drones (technically referred to as small unmanned aircraft systems) may include rules for model aircraft and toys in the very near future. This rulemaking would adopt specific rules for the operation of small unmanned aircraft systems (sUAS) in the National Airspace System. These changes would address the classification of small unmanned aircraft, certification of pilots, registration, approval of operations, and operational limits. According to the Office of Management and Budget’s most recent update regarding the status of the proposed rule:
These changes would address the classification of sUAS, certification of sUAS pilots and visual observers, registration of sUAS, approval of sUAS operations, and sUAS operational limits. The NPRM also proposes regulations for all sUAS, including operating standards for model aircraft and low performance (e.g., toy) operations, to increase the safety and efficiency of the NAS. The FAA and sUAS community lack sufficient formal safety data regarding unmanned operations to support granting traditional, routine access to the NAS. This proposed rule would result in the regular collection of safety data from the user community and help the FAA develop new regulations and expand sUAS access to the NAS.
According to the FAA Modernization and Reform Act of 2012 for now, as long as these requirements are met, you aren’t regulated: as (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; (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…with prior notice of the operation; and (6) the aircraft is flown within visual line sight of the operator.
However, in view of recent drone issues, including the White House incident and questions over privacy, the FAA has made some regulatory moves that signal that tighter restrictions are coming as soon as late this month or early next month. At the very least it seems as though the FAA will be going on an extensive fact finding mission as legislators feel that regulations are behind the times. For more on drone regulations, check out this story by Gregory McNeal of Forbe’s Magazine.
