§ 44809. Exception for limited recreational operations of unmanned aircraft

2,186 words·~10 min read·/usc/title-49/section-44809

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

(a)In General.— Except as provided in subsection (e), and notwithstanding chapter 447 of title 49, United States Code, a person may operate a small unmanned aircraft without specific certification or operating authority from the Federal Aviation Administration if the operation adheres to all of the following limitations:

(1)The aircraft is flown strictly for recreational purposes.

(2)The aircraft is operated in accordance with or within the programming of a community-based organization’s set of safety guidelines that are developed in coordination with the Federal Aviation Administration.

(3)The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co-located and in direct communication with the operator.

(4)The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft.

(5)In Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, the operator obtains prior authorization from the Administrator or designee before operating and complies with all airspace restrictions and prohibitions.

(6)Except for circumstances when the Administrator establishes alternative altitude ceilings or as otherwise authorized in section (c), in Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace and flight restrictions and prohibitions established under this subtitle, such as special use airspace designations and temporary flight restrictions.

(7)The operator has passed an aeronautical knowledge and safety test described in subsection

(g)and maintains proof of test passage to be made available to the Administrator or law enforcement upon request.

(8)The aircraft is registered and marked in accordance with chapter 441 of this title and proof of registration is made available to the Administrator or a designee of the Administrator or law enforcement upon request.

(b)Other Operations.— Unmanned aircraft operations that do not conform to the limitations in subsection

(a)must comply with all statutes and regulations generally applicable to unmanned aircraft and unmanned aircraft systems.

(c)Operations at Fixed Sites.—

(1)In general.— The Administrator shall establish a process to approve, and publicly disseminate the location of, fixed sites at which a person may carry out recreational unmanned aircraft system operations.

(2)Operating procedures.—

(A)Controlled airspace.— Persons operating unmanned aircraft under paragraph

(1)from a fixed site within Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, or a community-based organization sponsoring operations within such airspace, shall make the location of the fixed site known to the Administrator and shall establish a mutually agreed upon operating procedure with the air traffic control facility.

(B)Altitude.— The Administrator, in coordination with community-based organizations sponsoring operations at fixed sites, shall develop a process to approve requests for recreational unmanned aircraft systems operations at fixed sites that exceed the maximum altitude contained in a UAS Facility Map published by the Federal Aviation Administration.

(C)Uncontrolled airspace.— Subject to compliance with all airspace and flight restrictions and prohibitions established under this subtitle, including special use airspace designations and temporary flight restrictions, persons operating unmanned aircraft systems from a fixed site designated under the process described in paragraph

(1)may operate within Class G airspace—

(i)up to 400 feet above ground level, without prior authorization from the Administrator; and

(ii)above 400 feet above ground level, with prior authorization from the Administrator.

(3)Unmanned aircraft weighing 55 pounds or greater.— A person may operate an unmanned aircraft weighing 55 pounds or greater, including the weight of anything attached to or carried by the aircraft, if—

(A)the unmanned aircraft complies with standards and limitations developed by a community-based organization and approved by the Administrator; and

(B)the aircraft is operated from a fixed site as described in paragraph (1).

(4)FAA-recognized identification areas.— In implementing subpart C of part 89 of title 14, Code of Federal Regulations, the Administrator shall prioritize the review and adjudication of requests to establish FAA Recognized Identification Areas at fixed sites established under this section.

(d)Savings clause.— Nothing in this subsection shall be construed as expanding the authority of the Administrator to require a person operating an unmanned aircraft under this section to seek permissive authority of the Administrator, beyond that required in this section, prior to operation in the national airspace system.

(e)Statutory Construction.— Nothing in this section shall be construed to limit the authority of the Administrator to pursue an enforcement action against a person operating any unmanned aircraft who endangers the safety of the national airspace system.

(f)Exceptions.— Nothing in this section prohibits the Administrator from promulgating rules generally applicable to unmanned aircraft, including those unmanned aircraft eligible for the exception set forth in this section, relating to—

(1)the operational parameters for unmanned aircraft in subsection (a);

(2)the registration and marking of unmanned aircraft;

(3)the standards for remotely identifying owners and operators of unmanned aircraft systems and associated unmanned aircraft; and

(4)other standards consistent with maintaining the safety and security of the national airspace system.

(g)Aeronautical Knowledge and Safety Test.—

(1)In general.— The Administrator, in consultation with manufacturers of unmanned aircraft systems, community-based organizations, and other industry stakeholders, shall develop, maintain, and update, as necessary, an aeronautical knowledge and safety test. Such test shall be administered electronically by the Administrator or a person designated by the Administrator.

(2)Requirements.— The Administrator shall ensure the aeronautical knowledge and safety test is designed to adequately demonstrate an operator’s—

(A)understanding of aeronautical safety knowledge; and

(B)knowledge of Federal Aviation Administration regulations and requirements pertaining to the operation of an unmanned aircraft system in the national airspace system.

(h)Community-based Organization Defined.— In this section, the term “community-based organization” means a membership-based association entity that—

(1)is recognized by the Administrator of the Federal Aviation Administration;

(2)is described in section 501(c)(3) of the Internal Revenue Code of 1986;

(3)is exempt from tax under section 501(a) of the Internal Revenue Code of 1986;

(4)the mission of which is demonstrably the furtherance of model aviation;

(5)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 aeromodelling 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;

(6)provides programming and support for any local charter organizations, affiliates, or clubs; and

(7)provides assistance and support in the development and operation of locally designated model aircraft flying sites.

(i)Recognition of Community-based Organizations.— In collaboration with aeromodelling stakeholders, the Administrator shall publish an advisory circular within 180 days of the date of enactment of this section that identifies the criteria and process required for recognition of community-based organizations.

(Added Pub. L. 115–254, div. B, title III, § 349(a), Oct. 5, 2018, 132 Stat. 3298; amended Pub. L. 118–63, title IX, § 928(a), May 16, 2024, 138 Stat. 1363.)

Connections159 cite this · traces to 9

Cited by 159 sections · top 52

public-private-law

U.S. Code