Sec. 343. Special rules for model aircraft
798 words·~4 min read·
/bill/115/hr/4/pcs/section-343A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this subtitle, the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft or an aircraft being developed as a model aircraft, except for— rules regarding the registration of certain model aircraft pursuant to section 44103; and rules regarding unmanned aircraft that by design provide advanced flight capabilities enabling active, sustained, and controlled navigation of the aircraft beyond the visual line of sight of the operator, if— the aircraft is flown strictly for hobby or recreational use; the model aircraft operator is a current member of a community-based organization and whose aircraft is operated in accordance with the organization’s safety rules; 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; the aircraft is not operated over or within the property of a fixed site facility that operates amusement rides available for use by the general public or the property extending 500 lateral feet beyond the perimeter of such facility unless the operation is authorized by the owner of the amusement facility; 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 (when an air traffic facility is located at the airport) with prior notice of the operation (model aircraft operators flying from a permanent location within 5 miles of an airport should establish a mutually agreed upon operating procedure with the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport)).
When the FAA has developed and implemented an automated airspace authorization system for the airspace in which the operator wants to operate, the model aircraft operator shall use this system for authorization to controlled airspace unless flown— at a permanent location agreed to by the Administrator; and in accordance with a mutually agreed upon operating procedure established with the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport).
A flight of an unmanned aircraft shall be treated as a flight of a model aircraft for purposes of subsection
(a)(regardless of any compensation, reimbursement, or other consideration exchanged or incidental economic benefit gained in the course of planning, operating, or supervising the flight), if the flight is— conducted for instructional or educational purposes; and operated or supervised by a member of a community-based organization recognized pursuant to subsection (e). Nothing in this section may be construed to limit the authority of the Administrator to pursue enforcement action against persons operating model aircraft who endanger the safety of the national airspace system. In this section, the term community-based organization means a nationwide membership-based association entity that— is described in section 501(c)(3) of the Internal Revenue Code of 1986; is exempt from tax under section 501(a) of the Internal Revenue Code of 1986; the mission of which is demonstrably the furtherance of model aviation; provides a comprehensive set of safety guidelines for all aspects of model aviation addressing the assembly and operation of model aircraft and that emphasize safe aeromodeling operations within the national airspace system and the protection and safety of individuals and property on the ground, and may provide a comprehensive set of safety rules and programming for the operation of unmanned aircraft that have the advanced flight capabilities enabling active, sustained, and controlled navigation of the aircraft beyond visual line of sight of the operator; provides programming and support for any local charter organizations, affiliates, or clubs; and provides assistance and support in the development and operation of locally designated model aircraft flying sites. In collaboration with aeromodelling stakeholders, the Administrator shall publish an advisory circular within 180 days of enactment that identifies the criteria and process required for recognition of nationwide community-based organizations. This recognition shall be in the form of a memorandum of agreement between the FAA and each community-based organization and does not require regulatory action to implement. Except for rules to implement remote identification for unmanned aircraft that by design provide advanced flight capabilities enabling active, sustained, and controlled navigation of the aircraft beyond the visual line of sight of the operator and for rules regarding the registration of certain model aircraft pursuant to section 44103, this section shall become effective when the rule, referred to in section 532 of the FAA Reauthorization Act of 2018, regarding revisions to part 107 of title 14, Code of Federal Regulations, becomes final.