American Police State update - now illegal to fly model airplanes anonymously

This isn't a huge story, in my opinion, just continued misuse of laws used to restrict our commonly expected freedoms.

While looking through H.R. 658 (which has recently been signed by both Houses), concerning the US approval of drones, I came across this section on model airplane use.

SEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT.
(a) IN GENERAL.—Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this subtitle, the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft, if—
(1) the aircraft is flown strictly for hobby or recreational use;
(2) the aircraft is operated in accordance with a communitybased 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; and
(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 (when an air traffic facility is located at the airport) with prior notice of the operation (model aircraft operators flying from a permanent location within 5 miles of an airport should establish a mutually-agreed upon operating procedure with the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport)).
(b) STATUTORY CONSTRUCTION.—Nothing in this section shall be construed to limit the authority of the Administrator to pursue enforcement action against persons operating model aircraft who endanger the safety of the national airspace system.
(c) MODEL AIRCRAFT DEFINED.—In this section, the term ‘‘model aircraft’’ means an unmanned aircraft that is—
(1) capable of sustained flight in the atmosphere;
(2) flown within visual line of sight of the person operating
the aircraft; and
(3) flown for hobby or recreational purposes.

Note at the end of s336(b)(4) the word "and" meaning you must abide by all five constraints in order to fly a model aircraft now! This includes "within the programming of a nationwide community-based organization"...

Police State...

ya know, I have one of those cool little helicopters that flies around the house and the backyard - it's AGAINST THE LAW as soon as Pres signs the Bill.

Ridicules, why wear these laws made? Is it in the name of terrorism?

reply to post by Thermo Klein
This is beyond stupid!
My sons and I do model rockets, and I have one of those helicopters also. (They're awesome )

Send in the drones. . . . .

sometimes I wonder how many cops know even a fraction of what's legal out there.

This is sort of along the lines of Philosophy but if there are so many laws that a cop can't follow them, he or she might feel they have the power to simply arrest you for whatever... actually this made sense before NDAA ... nevermind.

hey as a crazy sidenote I actually live 4 miles from an airport, so everytime I turn on my helicopter I need to notify Air Traffic Control!!!

such a misuse of our legal system.

a community based set of safety guidelines

I'm sure these already exist, and if you follow them big brother won't mess with you, so what's the problem?

I too did both rockets and model flying airplanes as a kid. Helped me learn how to build (and repair), about aerodynamics and rocket propulsion (and alot of gravity) and how to problem solve. Oh and how to find your rocket on some lady's roof 6 blocks away.

Now almost any form of intelligence will be considered a threat?

How do you show your patriotism? By being dumb.

No thank you big brother. I will fly models as I always have. Come and get me.

That't not what is says here is the operative words: "the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft, if—
(1) the aircraft is flown strictly for hobby or recreational use;"

In other words if it is a hobby or for recreational use there are not rules unless you are interfering with regular aircraft etc.

reply to post by hawkiye


That's the way I read it also. The OP is wrong. It is NOT illegal to fly a craft anonymously with the exception of being within 5 mi of an airport, then you would need to notify the airport operator and tower. At least that's what I got out of it.

I'm glad I'm not American, but if they ever pass that here, I will be breaking their illegal police state bills that I consider crimes with signature admissions. And not hide the activity.

People need to wake up, and write in, call in, even visit, their elective representatives by the millions. Really give them some squirmy seat action.

And also, they need to form councils of citizens, watchdogs and waking up committees to get every region up and participating in overturning their crapola. And creating a good world.

This makes me think that a really cool toy to market, as a kit to teach people to build themselves would be little home models, ie toys, of planes, choppers and ufo's that run off free energy of various kinds and get kids and communities all over the world building them.

I'm sure people will start to apply the technologies to more than toys then.

I like that thread where they shot down the drones and I'm not giving anyone the right to use my air space on my planet and I am co-owner of everything and so is everyone else and their patents and copyrights are illegal slave system, pyramid system infringement and theft of all people's rights.

So we have to create things we want to fly around and make them stand down.

Last year I took the opportunity to learn how to fly a gas powered model plane through a local person that has been doing it for 30+ yrs. This guy travels around the country and teaches people professionally, and unlike most others he doesn't use a control link box just one controller and he stands behind you ready to take control if anything goes wrong. So you are the one pressing all the buttons not him. It was an amazing experience and a challenging one at that. Anyways he explained to me why the regulations and such and they made perfect sense to me at the time. Things like flying at a regulated field not just at any park, having the model airplane license, and insurance in case anything should go wrong. Gas powered planes are not something that people can just buy and fly, it takes many times of practice to learn how to react to different situations. So needless to say I will stick to my gas monster truck. Even the electric jets are very dangerous in an untrained hand. Now if someone has lots of property to operate these on I say go ahead and enjoy even if you crash and burn. But the regulations make sense to me in an urban setting like a public park. If anyone wants his contact info I can pass it along as he is a top rated flight school operator and a great teacher, and also one of the nicest people I have ever met. Also to add imagine many people flying in the same vicinity and not communicating between each other who's on what frequency, not a good situation.

Originally posted by hawkiye
That't not what is says here is the operative words: "the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft, if—
(1) the aircraft is flown strictly for hobby or recreational use;"

In other words if it is a hobby or for recreational use there are not rules unless you are interfering with regular aircraft etc.

That's how I read it first too but it's not correct; I addressed it in the OP: after the 4th caveat there's an "and" meaning you must abide by all 5 tenets. If you fail to abide by any one of the five then the new FAA rules apply to you.

Originally posted by mtnshredder
reply to post by hawkiye

 

That's the way I read it also. The OP is wrong. It is NOT illegal to fly a craft anonymously with the exception of being within 5 mi of an airport, then you would need to notify the airport operator and tower. At least that's what I got out of it.

I replied to the above post as well, but it seems pretty clear to me
after the 4th line an "and" means you need them all, an "or" would be any of the five.

it's an "and"

reply to post by Thermo Klein


Your police state has extended the exclusion zone around airports from 3 miles to 5 miles and removed the 400 foot maximum ceiling limit.

Those evil PTB's!

reply to post by Chadwickus


Do you have a source for that or do you typically know odd facts about American model airplane laws

I also have to notify the Air Traffic Control center near me if I choose to use one. Damn right they're evil!

reply to post by Thermo Klein


It's in the old guidelines:

modelaircraft.org...
(PDF)

Seems the Academy of Model Aeronautics is happy with the bill and have played a key role in its creation...

The culmination of AMA’s efforts over the past four years in achieving this recognition and obtaining the legislative safeguard is a great accomplishment for the aeromodeling community. This recognition will help with our continuing efforts with the FAA to improve safety in the national airspace.

amablog.modelaircraft.org...