rydfree41
lvl.4
Flight distance : 153268 ft
United States
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geofox784 Posted at 2017-3-22 16:39
Once again, please show me where on FAA's site it says "Must" in regards to those that are flying under the 336 exemption. Every link I have been provided only says must if it is in regards to 107.
Fly For Fun:
Must ALWAYS yield right of way to manned aircraft
Must keep the aircraft in sight (visual line-of-sight)
UAS must be under 55 lbs.
Must follow community-based safety guidelines
Must notify airport and air traffic control tower before flying within 5 miles of an airport
https://www.faa.gov/uas/getting_started/
Part 336
https://www.faa.gov/uas/media/model_aircraft_spec_rule.pdf
Section 336 also prohibits the FAA from promulgating “any rule or regulation
regarding a model aircraft, or an aircraft being developed as a model aircraft” if the
following statutory requirements are met:
• the aircraft is flown strictly for hobby or recreational use;
• the aircraft is operated in accordance with a community-based set
of safety guidelines and within the programming of a nationwide
community-based organization;
• 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;
• the aircraft is operated in a manner that does not interfere with and
gives way to any manned aircraft; and
• when flown within 5 miles of an airport, the operator of the aircraft
provides the airport operator and the airport air traffic control
tower … with prior notice of the operation….
B. Model Aircraft Must Meet the Criteria in Section 336 to Be Exempt from Future
Rulemaking
Although the FAA believes the statutory definition of a model aircraft is clear,
the FAA provides the following explanation of the meanings of “visual line of sight” and
“hobby or recreational purpose,” terms used in the definition of model aircraft, because
the FAA has received a number of questions in this area.
By definition, a model aircraft must be “flown within visual line of sight of the
person operating the aircraft.” P.L. 112-95, section 336(c)(2).
1 Based on the plain
language of the statute, the FAA interprets this requirement to mean that: (1) the aircraft
must be visible at all times to the operator; (2) that the operator must use his or her own
natural vision (which includes vision corrected by standard eyeglasses or contact lenses)
to observe the aircraft; and (3) people other than the operator may not be used in lieu of
the operator for maintaining visual line of sight. Under the criteria above, visual line of
sight would mean that the operator has an unobstructed view of the model aircraft. To
ensure that the operator has the best view of the aircraft, the statutory requirement would
preclude the use of vision-enhancing devices, such as binoculars, night vision goggles,
powered vision magnifying devices, and goggles designed to provide a “first-person
view” from the model.
2 Such devices would limit the operator’s field of view thereby
1 For purposes of the visual line of sight requirement, “operator” means the person manipulating the model
aircraft’s controls.
2 The FAA is aware that at least one community-based organization permits “first person view” (FPV)
operations during which the hobbyist controls the aircraft while wearing goggles that display images
transmitted from a camera mounted in the front of the model aircraft. While the intent of FPV is to provide
reducing his or her ability to see-and-avoid other aircraft in the area. Additionally, some
of these devices could dramatically increase the distance at which an operator could see
the aircraft, rendering the statutory visual-line-of-sight requirements meaningless.
Finally, based on the plain language of the statute, which says that aircraft must be
“flown within the visual line of sight of the person operating the aircraft,” an operator
could not rely on another person to satisfy the visual line of sight requirement. See id.
(emphasis added). While the statute would not preclude using an observer to augment the
safety of the operation, the operator must be able to view the aircraft at all times.
The statute requires model aircraft to be flown strictly for hobby or recreational
purposes. |
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