section 336
New FAA Rules for Drones Go Into Effect
Last week saw the 2018 FAA Reauthorization Act become law, and the new legislation has quite a few implications for people who fly small drones or model aircraft as a hobby. Before diving into the latest changes, it's worth reviewing how the U.S. Federal Aviation Administration has regulated such things in the past. Way back in 1981, the FAA issued an "Advisory Circular" that provided guidance for people flying model aircraft. Most modelers considered those guidelines reasonable enough, but if you didn't conform to them, it was no big deal--they weren't rules, just recommendations. So, for example, if you flew a model sailplane and caught a thermal that took it more than 400 feet off the ground, the FAA really couldn't object that you were in violation of its advice to keep lower.
AMA Reply To The Appeal To Withdraw Sec.336 – DEEP AERO DRONES – Medium
The Commercial Drone Alliance called for withdrawal of Section 336 of the FMRA, and the Academy of Model Aeronautics (AMA) responded that repeal would put a strain on the FAA. "AMA's 1 priority is the safety of our nation's skies. Through Section 336, AMA safely manages 200,000 members -- as the organization has done for more than eighty years -- freeing up scarce FAA resources to advance commercial drone regulations and other priorities," says Chad Budreau, AMA's Government Affairs Director. "Moreover, model aviation enthusiasts have been the cradle of innovation for both the manned and unmanned communities for decades. Since 1930s, the AMA helped in advancing the platform and even today the drone technology continues to improve. Imagine a world where a young Steve Jobs or Henry Ford was restricted from tinkering in their garage. A repeal of Section 336 would be a devastating blow to innovation," adds Budreau.
Court Ruling: The FAA Can't Make You Register Your Drone
Since December of 2015, Americans have been required to register any drone that weighs more than two sticks of butter with the Federal Aviation Administration (FAA). It's a minor hassle and costs a little bit of money and seems like a reasonable idea considering how many people are flying sizeable drones nowadays. However, there was one particular group that really didn't appreciate the new ruling: model aircraft enthusiasts. One of them sued the FAA in February of 2016, and a federal court in Washington, D.C. ruled in favor of hobbyists, meaning that the FAA can no longer require you (or anyone else) to register their personal drones. Here's the important bit of the ruling (you can read the whole thing here): In short, the 2012 FAA Modernization and Reform Act provides that the FAA "may not promulgate any rule or regulation regarding a model aircraft," yet the FAA's 2015 Registration Rule is a "rule or regulation regarding a model aircraft."