MacCool
lvl.3
United States
Offline
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The FAA has jurisdiction over aircraft operated in US airspace and they have defined, and an appeals court in the Pirker case has ruled that an aircraft is "any' 'device' that is 'used for flight". That does two things....(1) It sets the stage for their ability to further regulate drones or other model aircraft. They haven't done so yet, but they do have the authority, at least according to the Appeals Court. (2) It gives them authority to sanction pilots of any aircraft, including model aircraft, who through their flight activities pose a risk to other aircraft or people on the ground. For the time being, model aircraft are subject to a different set of rules, and those are the ones I described above. You can't be busted for violating FARs, including flight into controlled airspace, but if you hurt someone, they have the authority to fine you for flying recklessly if they become aware of it (as in Pirker).
No. Model aircraft don't have to comply with the same airspace regulations that full-scale aircraft do (or UAV's weighing more than 55 lbs).
As mentioned, the FAA has jurisdiction over everything that flies, no matter where, when, or how high. Including class G airspace. As I said, the FARs for some airspace categories might be different, but they still have jurisdiction. According to currently existing regulations, you have a legal right to fly a model aircraft anywhere, as long as it's line of sight and being flown recreationally (must notify airport if within 5 miles). The new wrinkle is that if you hurt someone, you can be fined by them. Pirker was fined $10,000.
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