The “FAA Modernization and Reform Act of 2012” signed into law as Public Law 112-95 in February 2012, contains a “Special Rule for Model Aircraft”. The language in this provision instructs the FAA Administrator to not enact rules affecting model aircraft activity conducted within the safety programming of a nationwide community-based organization.
Shortly after the bill was passed AMA communicated with the manager of FAA’s Unmanned Aircraft Program Office (now the UAS Integration Office) and expressed our interest in working with the FAA in “establishing the provisions for enacting and complying with the language and spirit of H.R. 658”. And, in follow-up to this communication the AMA made a request through the UAS office staff to meet with the FAA leadership to discuss the model aircraft provision and to work toward establishing the necessary policies and procedures for complying with the new criteria.
The provisions of the new law create several additional mandates for the FAA. AMA recognizes the demands placed on the UAS Integration Office and waited several months before requesting a follow-up meeting with the FAA leadership. With the help of AMA’s political liaison and through the urging of the congressional staff a meeting was scheduled for September 5, 2012.
In the September meeting AMA President Bob Brown, Executive Director Dave Mathewson and AMA’s Government and Regulatory Affairs Representative Rich Hanson met with Mr. Jim Williams, Executive Manager of the UAS Integration Office, Bill Cozier and members of the UAS Integration Office staff. AMA asserted its position that PL 112-95 is very specific in its approach to managing model aviation and it expressly exempts MA from regulation provided the activity is conducted within the auspices of a community-based safety program. The AMA provided the FAA with a copy of the AMA Safety Program, asked that it be acknowledged as meeting the congressional intent and that AMA be recognized as a community-based organization as described in the law. The FAA leadership agreed to review AMA’s Safety Program, to take AMA’s position under advisement and to respond back in 30 days.
On Friday, October 19th, the parties met again via teleconference. This follow-up meeting with Mr. Williams resulted in defining a common path forward for the AMA and the FAA to comply with the directives outlined in Public Law 112-95, and the “Special Rule for Model Aircraft”. This new path appears to be much simpler in development and execution than the former process of standards development. However, as many of our previous efforts have been more circular than direct, it’s difficult to predict either the time frame or even the appearance of the final product. The good news to report is we appear to be on a productive track toward a final resolution, but unfortunately it’s difficult as yet to see the end point or the turns that lie ahead.
The outcome of the meeting is certainly viewed as a step in the right direction; however, we are still months away from finalizing and resolving this issue. It will take time to fully develop the path forward and even longer for final review and executive approval. We’re hopeful this process will be completed before the final sUAS rule is published. More importantly, we anticipate this effort will create a long-term platform for maintaining safe aeromodeling operations within the national airspace and assuring the vitality and future of model aviation.
This new approach does not necessarily mean certain aspects of the sUAS rule won’t have an impact on the aeromodeling community. The sUAS Notice of Proposed Rulemaking (NPRM) remains on the horizon and is still a significant issue. Please ensure everyone you know is aware of the impending regulation. It’s important that those who share our love for this hobby are well-informed and participate in the response to the proposed sUAS rule when the NPRM is published. Timely updates regarding the sUAS rulemaking can also be found on Facebook by Liking ‘AMAGov’, and on Twitter at, Twitter.com/AMAGov
Rich Hanson
AMA Government and Regulatory Affairs
Mr. Richard Hanson, Thanks for the up-date. and keep up the good fight! A follow aviator “Above the Best”
The AMA may think that making a firewall between those RC pilots that fly “within visual range” and other FPV pilots will save them from the wrath, but the change is coming and disenfranchising your drone brothers will not keep them from grounding all RC aircraft, regardless of their shape or method of flying them, are endanger of losing their freedom to the sky. The AMA has chosen to turn their back on their FPV cousins, but that is the future of the sport. It would be more constructive to join forces, kiss and make up if that is what it takes, because the future is in FPV regardless if you call them drones or not.
David, I would agree… There is a big future in FPV and automated radio control aircraft and AMA is reaching out to these communities. AMA has vetted its safety guidelines (Doc 550 & 560) through the FPV community and is earnestly working toward establishing reasonable and responsible safety criteria.
FPV and automated operations outside of “visual range”, or visual line of sight (VLOS), is a significant challenge. By enacting the Special Rule for Model Aircraft in Public Law 112-95, Congress provided an exemption from regulation for model aircraft (MA) provided they are operated within the safety programming of a community-based organization and comply with the minimum safety criteria established in the law. In order to qualify for the exemption the aircraft must meet the definition of a model aircraft as defined in the law in that, the aircraft must be “flown for hobby or recreational purposes” and must be “flown within visual line of sight of the person operating the aircraft”.
Currently there is no specific legal restriction to flying FPV beyond VLOS, but that’s not to say there won’t be in the future. What’s more there are regulations such as 14 CFR 91.13 and other local, state and federal statutes that could come into play depending upon the circumstances. The FAA has gone on record as saying that UAS operating within the national airspace system (NAS) must be operated within VLOS to ensure the operator’s ability to see and avoid other aircraft and obstacles, and it’s likely this will be the case until a definitive and reliable “sense” and avoid system is achieved. The Aviation Rulemaking Committee’s report to the FAA recommended UAS be limited to VLOS and there is every indication this restriction will be included in the proposed rule for small unmanned aircraft systems (sUAS).
AMA certainly believes there is a place for FPV and automated RC flight within its model aircraft safety program. Doing so under the exemption provided in PL 112-95 limits these operations to within visual line of sight, at least for the foreseeable future.
Rich Hanson
AMA Government and Regulatory Affairs