FAA Bans Drones For More Than Six Million People

In recent weeks, the FAA has solicited input from hobbyists and companies in the ‘drone’ industry, produced rules and regulations, and set up a registration system for all the quadcopters and flying toys being gifted over the holiday season. Whether or not the FAA is allowed to do this is a question being left to the courts, but for now, the FAA has assuredly killed a hobby for more than six million people. The FAA has introduced an updated Temporary Flight Restriction (TFR) for a 30-mile radius around Washington, DC.

The 30-mile TFR area

Previously, there had been a blanket ban on drones, UAS, and model aircraft within a 15-mile radius of a point inside Reagan National Airport. This point covered the District of Columbia proper, and the suburbs of Bethesda, College Park, and Alexandria – basically, everything inside the beltway, and a mile or two beyond. The new flight restriction for drones covers a vastly larger area – all of the DC metro area, Annapolis, half of Baltimore, and all of northern Virginia. This area encompasses a population of more than six million people.

The DC metro area has, since 9/11, become some of the most complex airspace in the entire country. There are several military bases, Aberdeen proving grounds, the US Naval academy, and of course the White House, Capitol building, and the Pentagon. Even commercial airliners are subject to some very interesting regulations. For the same reason general aviation shuts down in southern California every time the president visits LA, you simply can’t fly model aircraft within the beltway; it’s a security measure, and until now, flying clubs in the DC area have dealt with these restrictions.

The new TFR has effectively shuttered more than a dozen flying clubs associated with the Academy of Model Aeronautics. DCRC, a club with a field in the middle of some farmland in Maryland, has closed down until further notice. The Capital Area Soaring Association has also closed because of the TFR.

Although called a Temporary Flight Restriction, this is a rule that will be around for a while. The FAA says this restriction is here for good.

Flight For Your Right (And Do It By Friday)

Model aircraft

About a month ago, the FAA – the governing body for nearly everything that flies in US airspace – proposed an interpretation of their rules governing model aircraft. The world hasn’t ended quite yet, but if the proposed rules go into effect, an entire hobby will be destroyed in the United States. While congress has given the FAA authority over nearly everything that flies, there are specific laws saying what the FAA has no jurisdiction over – model aircraft being one of the major exceptions.

Congress, however, is working on a definition of model aircraft that is at least 10 years out of date and doesn’t have any leeway for the huge advances in technology that have happened since then. Specifically, all FPV flight with video goggles would be banned under the proposed FAA rules. Also, because model aircraft are defined as being for, ‘hobby or recreational purposes,’ anyone who flies a model aircraft for money – a manufacturer conducting flight tests on a new piece of equipment, or even anyone who records a video of their flight, uploads it to YouTube, and hits the ‘monetize’ button – would be breaking the law.

The proposed FAA rules for model aircraft are not in effect yet, and you can still make a public comment on the proposal until 11:59 PM EDT Friday. If you leave a comment, please make a well-reasoned statement on why the FAA’s interpretation of the rules governing model aircraft are overly broad, do not take into account technological advances made since the drafting of Congress’ working definition of ‘model aircraft,’ and the effects of a complete ban flying model aircraft for any type of compensation.

This is not a good comment.

Of course, if the proposed rules for model aircraft go through, the only option will be to turn to the courts. Historically, the FAA simply does not lose court cases. Recently, cases involving drones have come up with successful defenses and judges deciding in favor of drone operators. The legal services for the eventual court case challenging the proposed FAA rules will most likely be funded by the Academy of Model Aeronautics, who just so happen to be offering membership at 50% off.

Below is a video of some RC people we really respect – [Josh] from Flite Test and [Trappy] of Team BlackSheep – talking about what the proposed rule change would do to the hobby. There’s also a great podcast featuring the first lawyer to successfully defend drone use in federal court that’s worth a listen.

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