I'm not sure how this will play out in the court system (I'm sure at some point it will) but here's a write up from a VERY intelligent and experienced Aviation attorney. Basically it states (the full article is linked at the end):
"The FAA has added model aircraft flying requirements to Part 101 of the Federal Aviation Regulations, adding recreational drone flying to already existing rules for moored balloons, kites and so on. The new regulations basically incorporate statutory language from Section 336 of the FAA Reauthorization and Modernization Act of 2012. But the incorporation is not a simple transfer of statutory requirements to regulatory form. That is because the statutory language of FMRA Section 336 was never directed at model aircraft flyers but at the FAA: “…the [FAA] may not promulgate any rule or regulation regarding a model aircraft…if”, the statute then lists the very requirements that have now been made regulatory. So a requirement that previously only applied to the FAA has been made a regulatory requirement binding on model aircraft flyers."
Very loosely translated this "could" mean that the Community Guidelines are no longer just a suggestion but a codified regulation which has enforcement-ability (my word LOL) and real teeth that a mere suggestion did not.
She goes on to say:
"Failing to meet anyone of these requirements, even unintentionally, could expose a hobby flyer to FAA penalties for violating Part 107. Yes, that’s correct. By FAA’s enforcement reasoning, if you don’t meet a Part 101 requirement you will be deemed to be required to operate under Part 107 – which if you happen not to hold a Part 107 certificate or meet the other Part 107 requirements, will subject you to an $1100 per regulation per flight civil penalty."
This is at least food for thought for ALL of us.
Here's a link to her full article but keep in mind... this is only her opinion but it's a very valid and trusted one.
New Rulemaking Creates Uncertainty for Model Aircraft Flyers
"The FAA has added model aircraft flying requirements to Part 101 of the Federal Aviation Regulations, adding recreational drone flying to already existing rules for moored balloons, kites and so on. The new regulations basically incorporate statutory language from Section 336 of the FAA Reauthorization and Modernization Act of 2012. But the incorporation is not a simple transfer of statutory requirements to regulatory form. That is because the statutory language of FMRA Section 336 was never directed at model aircraft flyers but at the FAA: “…the [FAA] may not promulgate any rule or regulation regarding a model aircraft…if”, the statute then lists the very requirements that have now been made regulatory. So a requirement that previously only applied to the FAA has been made a regulatory requirement binding on model aircraft flyers."
Very loosely translated this "could" mean that the Community Guidelines are no longer just a suggestion but a codified regulation which has enforcement-ability (my word LOL) and real teeth that a mere suggestion did not.
She goes on to say:
"Failing to meet anyone of these requirements, even unintentionally, could expose a hobby flyer to FAA penalties for violating Part 107. Yes, that’s correct. By FAA’s enforcement reasoning, if you don’t meet a Part 101 requirement you will be deemed to be required to operate under Part 107 – which if you happen not to hold a Part 107 certificate or meet the other Part 107 requirements, will subject you to an $1100 per regulation per flight civil penalty."
This is at least food for thought for ALL of us.
Here's a link to her full article but keep in mind... this is only her opinion but it's a very valid and trusted one.
New Rulemaking Creates Uncertainty for Model Aircraft Flyers