Busting Myth #3 About The FAA and Unmanned Aircraft

The Federal Aviation Administration (FAA) published a list Busting Myths about the FAA and Unmanned Aircraft to discuss misconceptions and misinformation about Unmanned Aircraft System (UAS) regulations.

As UAS, Unmanned Aerial Vehicles (UAV) or drones, if you will, become ever more popular for recreational and eventual commercial use, I thought it would be helpful to share these FAA myth busting topics for your evaluation.

Myth #3: Commercial UAS operations are a “gray area” in FAA regulations

Fact—There are no shades of gray in FAA regulations. Anyone who wants to fly an aircraft—manned or unmanned—in U.S. airspace needs some level of FAA approval. Private sector (civil) users can obtain an experimental airworthiness certificate to conduct research and development, training and flight demonstrations. Commercial UAS operations are limited and require the operator to have certified aircraft and pilots, as well as operating approval. To date, only two UAS models (the Scan Eagle and Aerovironment’s Puma) have been certified, and they can only fly in the Arctic. Public entities (federal, state and local governments, and public universities) may apply for a Certificate of Waiver or Authorization (COA)
The FAA reviews and approves UAS operations over densely-populated areas on a case-by-case basis.

Flying model aircraft solely for hobby or recreational reasons does not require FAA approval. However, hobbyists are advised to operate their aircraft in accordance with the agency’s model aircraft guidelines (see Advisory Circular 91-57). In the FAA Modernization and Reform Act of 2012 (Public Law 112-95, Sec 336), Congress exempted model aircraft from new rules or regulations provided the aircraft are operated “in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization.”

The FAA and the Academy of Model Aeronautics recently signed a first-ever agreement that formalizes a working relationship and establishes a partnership for advancing safe model UAS operations. This agreement also lays the ground work for enacting the model aircraft provisions of Public Law 112-95, Sec 336. Modelers operating under the provisions of P.L. 112-95, Sec 336 must comply with the safety guidelines of a nationwide community-based organization.