is not fully complying with Section 336, based on pending litigation with the FAA,
we are advising AMA members that flying FPV with a spotter under the Special
Rule for Model Aircraft remains acceptable as long as you continue to fly according
to the AMA National Model Aircraft Safety Code and AMA’s safety guidelines for
FPV operations in Document #550.
Please be assured that we have been involved in ongoing conversations with the
FAA about FPV flying and other related areas of concern. We anticipate that the
FAA will clarify the Interpretative Rule by the end of the year, which will help
resolve the FPV issue for good.
So, why can AMA members continue flying FPV the same way as before?
As you may also be aware, in August 2014, AMA filed a petition with the U.S.
Court of Appeals asking for a judiciary review of the FAA’s interpretation of the
Special Rule for Model Aircraft (the Interpretative Rule).
As stated in our petition, we believe the FAA’s Interpretive Rule misinterprets
the intent of Congress in several areas, including the requirement to remain within
visual line of sight of the operator as it relates to the use of FPV goggles. Right now,
the court proceedings are on hold as the FAA reviews more than 33,000 public
comments submitted in response to the Interpretive Rule.
With the court proceedings held in abeyance, enforcement actions based upon
the provisions in the Interpretative Rule are also on hold. Until the FAA completes
its review of the public comments, publishes its conclusions, and makes any further
clarification/revision to the Interpretive Rule, the status quo remains in effect
for AMA members. It should be noted, however, that this does not preclude the
FAA from taking enforcement action against careless and reckless acts that truly
endanger the national airspace.
In the meantime, we encourage all AMA members to continue flying and
enjoying our hobby as you have before, following AMA’s safety guidelines and
educational programming. Thank you for your patience as we continue to advocate
and protect our hobby of flying model aircraft.
Although AMA members operating strictly for hobby and recreational purposes
are not subject to Part 107, the FAA still requires hobbyists to comply with
the registration requirement in Part 48 at https://registermyuas.faa.gov. This is
an issue we are working to resolve. You can read answers to frequently asked
questions at www.modelaircraft.org/aboutama/faa-uas-faq.aspx. You can learn
more about FAA’s Part 107 at www.faa.gov/news/press_releases/news_story.
Public Relations & Government Affairs Director
11 Model Aviation NOVEMBER 2016 www.ModelAviation.com