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Congress, however, is working on a definition of model aircraft that is at least 10 years out of date and doesn’t have any leeway for the huge advances in technology that have happened since then.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.

notgood

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.

[Read more...]

Congress Destroys A Hobby, FAA Gets The Blame

As ordered by the US Congress, the FAA is gearing up to set forth a standard for commercial UAVs, Unmanned Aerial Systems, and commercial drones operating in America’s airspace. While they’ve been dragging their feet, and the laws and rules for these commercial drones probably won’t be ready by 2015, that doesn’t mean the FAA can’t figure out what the rules are for model aircraft in the meantime.

This week, the FAA released its interpretation (PDF) of what model aircraft operators can and can’t do, and the news isn’t good: FPV flights with quadcopters and model airplanes are now effectively banned, an entire industry centered around manufacturing and selling FPV equipment and autopilots will be highly regulated, and a great YouTube channel could soon be breaking the law.

The FAA’s interpretation of what model aircraft can and cannot do, and to a larger extent, what model aircraft are comes from the FAA Modernization And Reform Act Of 2012 (PDF). While this law states the, “…Federal Aviation Administration may
not promulgate any rule or regulation regarding a model aircraft…” it defines model aircraft as, “an unmanned aircraft that is capable of sustained flight in the atmosphere; flown within visual line of sight of the person operating the aircraft; and flown for hobby or recreational purposes.” The FAA has concluded that anything not meeting this definition, for example, a remote controlled airplane with an FPV setup, or a camera, video Tx and Rx, and video goggles, is therefore not a model aircraft, and falls under the regulatory authority of the FAA.

In addition, the FAA spent a great deal of verbiage defining what, “hobby or recreational purposes” in regards to model aircraft are. A cited example of a realtor using a model aircraft to take videos of a property they are selling is listed as not a hobby or recreation, as is a farmer using a model aircraft to see if crops need water. Interestingly, receiving money for demonstrating aerobatics with a model aircraft is also not allowed under the proposed FAA guidelines, a rule that when broadly interpreted could mean uploading a video of yourself flying a model plane, uploading that to YouTube, and clicking the ‘monetize’ button could soon be against the law. This means the awesome folks at Flite Test could soon be out of a job.

The AMA, the Academy Of Model Aeronautics, and traditionally the organization that sets the ‘community-based set of safety guidelines’ referred to in every law dealing with model aircraft, are not happy with the FAA’s proposed rules (PDF). However, their objection is a breathless emotional appeal calls the proposed rules a, “a strict regulatory approach to the operation of model aircraft in the hands of our youth and elderly members.” Other than offering comments per the FAA rulemaking process there are, unfortunately, no possible legal objections to the proposed FAA rules, simply because the FAA is doing exactly what congress told them to do.

The FAA is simply interpreting the Modernization And Reform Act Of 2012 as any person would: FPV goggles interfere with the line of sight of an aircraft, thus anyone flying something via FPV goggles falls under the regulatory authority of the FAA. Flying over the horizon is obviously not line of sight, and therefore not a model aircraft. Flying a model aircraft for money is not a hobby or recreation, and if you’re surprised about this, you simply aren’t familiar with FAA rules about money, work, and person-sized aircraft.

While the proposed FAA rules are not yet in effect, and the FAA is seeking public comment on these rules, if passed there will, unfortunately, exactly two ways to fix this. The first is with a change in federal law to redefine what a model aircraft is. Here’s how to find your congresscritter, with the usual rules applying: campaign donations are better than in-person visits which are better than letters which are better than phone calls which are better than emails. They’ll also look up if you have voted in the last few elections.

If passed, the only other way these rules will align with the privileges model aircraft enthusiasts have enjoyed for decades is through a court ruling. The lawsuit objecting to these rules will most likely be filed by the AMA, and if these rules pass, a donation or membership wouldn’t be a bad idea.

FAA GPS data formatted for your use

faa-gps-data-formatted-with-vb

[Michael] posted up-to-date GPS data sets in the GPX format.  These data sets are an alternative to paid updates. Since GPX is a published standard which uses an XML style formatting for location data [Michael's] time was spent getting the original sets and finding a way to translate them for his Garmin EXTREX GPS.

The original data comes from — hang on, this is a mouthful — the US Federal Aviation Administration’s Facility Aeronautical Data Distribution System (FADDS). He had to apply for permission to download it and to use it in producing a custom GPS build. He grabbed the Airport waypoints and navaid sets, then studied accompanying files detailing the data structure before writing his own Visual Basic 2010 program to spit out the GPX files. He says he wanted to make them available in the spirit of the Open Hardware/Software movement. This may be most interesting for pilots (the kind that put Nooks on the dashboard, not the kind who watch the aircraft from the ground), but we’re sure there’s a myriad of uses for non-pilots alike.

Toorcamp: Hackerbot Labs’ Giant FAA Approved Laser

This is a big laser.

[3ric] from Hackerbot Labs gave me a run down of their BattleYurt laser installation at Toorcamp. It’s built with twenty-four 1 Watt lasers taken from a Casio DLP projector. The laser is housed on top of a yurt, which contains the controls and cooling system. It was built with the goal of measuring diffuse reflections of the atmosphere, but it also does the job of looking awesome when fired into the sky. [Read more...]

Follow

Get every new post delivered to your Inbox.

Join 92,417 other followers