The Federal Aviation Administration is overhauling the current rules governing who may use model or unmanned aircraft and how they can be used. The upcoming regulation changes have received more attention recently but have been debated since 2009. Under current laws, operators must navigate extensive rules, making it difficult to know if their flights are within the bounds of the law.
Unmanned aircraft, or unmanned aircraft systems, are any craft operating without a pilot, from small radio-controlled airplanes to full-sized professional planes flying in national air space. They are only permitted to fly under controlled conditions.
According to the FAA, operators must receive one of two certificates issued by the agency to take any aircraft off the ground. With a certificate, operators may not fly within five miles of an airport, near an urban area or above 50,000 feet. The current regulations also stipulate that a certificate may only be obtained for recreational or educational use, making it illegal to use an aircraft for any commercial purpose.
The Academy of Model Aeronautics in Muncie is one of the nation’s oldest model aircraft clubs. It was one of 18 organizations solicited by the FAA in April of 2009 for recommendations concerning the regulation of unmanned aircraft.
The group works to educate the public about the benefits of using aircrafts, but even officials at the AMA are unsure at times if some flights are legal.
“Almost naively, they think that putting the bill in the federal register, people would understand it,” said Richard Hanson, AMA government and regulatory affairs representative. “They created huge gray areas for anyone trying to operate with terminology that isn’t very well defined. Right now, if you aren’t sure what to do legally and you ask the FAA, you can get two or three different answers.”
Hanson specifically points to the commercial farming industry for an example of the benefits of data gathered by a UAS.
“Flying for a farmer to take pictures of his crops is looked at as a commercial venture, but therein lies the question of if that really is a commercial endeavor,” Hanson said. “That is the big problem within the regulation. We clearly know what is recreational, but we still don’t know what’s commercial. Again just more and more grey areas in the FAA regulations.”
The FAA declined to comment on specific changes being made to their regulations, but a representative recognized the current regulations seemed to cloud the issue of UAS use.
“In general, what it will do is set out regulations and policies for a wide variety of small [unmanned aerial vehicle] users, including commercial users,” said Les Dorr, a media relations officer at the FAA.
Hanson said the recent media hysteria surrounding the use of drones has not been positive. Kentucky Sen. Rand Paul’s recently filibustered the military use of drones in U.S. airspace. Paul’s speech focused public attention on the deadly use of unmanned aircraft without discussing other possible uses.
With patience among operators wearing thin, UAS pilots eyes are no longer in the skies, but on Washington. By the Spring 2014, the new regulation will be published for comment. Until then, pilots and their communities will continue to operate in the gray area of the FAA’s rules.
“Going forward with model aircraft within our program, we’re working with the FAA to build an understanding of how our organization operates within the national airways structure,” Hanson said. “Once we get these things figured out it will make it more and more clear about where we stand.”
