On Thursday, February 11, 2016, the Transportation and Infrastructure Committee in the House of Representatives passed the Aviation Innovation, Reform, and Reauthorization (AIRR) Act, which preserves and strengthens the Special Rule for Model Aircraft. The AIRR Act is a strong bill that we are proud to support.
Here is the section on model aircraft (underlining is by me):
21 ‘‘§ 45507. Special rules for model aircraft
22 ‘‘(a) IN GENERAL.—Notwithstanding any other pro
23 vision of law relating to the incorporation of unmanned
24 aircraft systems into Federal Aviation Administration
25 plans and policies, including this subtitle, the Adminis-
1 trator of the Federal Aviation Administration may not
2 promulgate any rule or regulation regarding a model air
3 craft, or an aircraft being developed as a model aircraft,
4 if—
5 ‘‘(1) the aircraft is flown strictly for hobby or
6 recreational use;
7 ‘‘(2) the aircraft is operated in accordance with
8 a community-based set of safety guidelines and with
9 in the programming of a community-based organiza
10 tion;
11 ‘‘(3) the aircraft is limited to not more than 55
12 pounds unless otherwise certified through a design,
13 construction, inspection, flight test, and operational
14 safety program administered by a community-based
15 organization;
16 ‘‘(4) the aircraft is operated in a manner that
17 does not interfere with and gives way to any manned
18 aircraft; and
19 ‘‘(5) when flown within 5 miles of an airport,
20 the operator of the aircraft provides the airport op
21 erator and the airport air traffic control tower (when
22 an air traffic facility is located at the airport) with
23 prior notice of the operation (model aircraft opera
24 tors flying from a permanent location within 5 miles
25 of an airport should establish a mutually agreed
1 upon operating procedure with the airport operator
2 and the airport air traffic control tower (when an air
3 traffic facility is located at the airport)).
4 ‘‘(b) COMMERCIAL OPERATION FOR INSTRUCTIONAL
5 OR EDUCATIONAL PURPOSES.—A flight of an unmanned
6 aircraft shall be treated as a flight of a model aircraft
7 for purposes of subsection (a) (regardless of any com
8 pensation, reimbursement, or other consideration ex
9 changed or incidental economic benefit gained in the
10 course of planning, operating, or supervising the flight),
11 if the flight is—
12 ‘‘(1) conducted for instructional or educational
13 purposes; and
14 ‘‘(2) operated or supervised by an eligible not
15 for-profit organization.
16 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this
17 section may be construed to limit the authority of the Ad
18 ministrator to pursue enforcement action against persons
19 operating model aircraft who endanger the safety of the
20 national airspace system.
21 ‘‘(d) ELIGIBLE NOT-FOR-PROFIT ORGANIZATION
22 DEFINED.—In this section, the term ‘eligible not-for-prof
23 it organization’ means an entity that—
24 ‘‘(1) is described in section 501(c)(3) of the In
25 ternal Revenue Code of 1986;
VerDate Sep 11 2014
Here is the section on model aircraft (underlining is by me):
21 ‘‘§ 45507. Special rules for model aircraft
22 ‘‘(a) IN GENERAL.—Notwithstanding any other pro
23 vision of law relating to the incorporation of unmanned
24 aircraft systems into Federal Aviation Administration
25 plans and policies, including this subtitle, the Adminis-
1 trator of the Federal Aviation Administration may not
2 promulgate any rule or regulation regarding a model air
3 craft, or an aircraft being developed as a model aircraft,
4 if—
5 ‘‘(1) the aircraft is flown strictly for hobby or
6 recreational use;
7 ‘‘(2) the aircraft is operated in accordance with
8 a community-based set of safety guidelines and with
9 in the programming of a community-based organiza
10 tion;
11 ‘‘(3) the aircraft is limited to not more than 55
12 pounds unless otherwise certified through a design,
13 construction, inspection, flight test, and operational
14 safety program administered by a community-based
15 organization;
16 ‘‘(4) the aircraft is operated in a manner that
17 does not interfere with and gives way to any manned
18 aircraft; and
19 ‘‘(5) when flown within 5 miles of an airport,
20 the operator of the aircraft provides the airport op
21 erator and the airport air traffic control tower (when
22 an air traffic facility is located at the airport) with
23 prior notice of the operation (model aircraft opera
24 tors flying from a permanent location within 5 miles
25 of an airport should establish a mutually agreed
1 upon operating procedure with the airport operator
2 and the airport air traffic control tower (when an air
3 traffic facility is located at the airport)).
4 ‘‘(b) COMMERCIAL OPERATION FOR INSTRUCTIONAL
5 OR EDUCATIONAL PURPOSES.—A flight of an unmanned
6 aircraft shall be treated as a flight of a model aircraft
7 for purposes of subsection (a) (regardless of any com
8 pensation, reimbursement, or other consideration ex
9 changed or incidental economic benefit gained in the
10 course of planning, operating, or supervising the flight),
11 if the flight is—
12 ‘‘(1) conducted for instructional or educational
13 purposes; and
14 ‘‘(2) operated or supervised by an eligible not
15 for-profit organization.
16 ‘‘(c) STATUTORY CONSTRUCTION.—Nothing in this
17 section may be construed to limit the authority of the Ad
18 ministrator to pursue enforcement action against persons
19 operating model aircraft who endanger the safety of the
20 national airspace system.
21 ‘‘(d) ELIGIBLE NOT-FOR-PROFIT ORGANIZATION
22 DEFINED.—In this section, the term ‘eligible not-for-prof
23 it organization’ means an entity that—
24 ‘‘(1) is described in section 501(c)(3) of the In
25 ternal Revenue Code of 1986;
VerDate Sep 11 2014
