A new white paper at sUAS News by Leonard Ligon and Tim Adelman, Attorney at Law might be of interest to all here.
This article addresses aviation law as applied to Unmanned Aircraft (UA) operating within the United States (US) National Airspace System (NAS). It further presents a review of the Federal Aviation Administration’s (FAA) authority to regulate UA flight operations by a government user (tribal, local, State or Federal). In addition, it touches on the liability of conducting UA flight operations in the NAS.
The FAA obtains its authority to regulate the NAS through statutes enacted by Congress. Therefore, any analysis of the FAA’s authority should begin with a review of the United States Code (USC). Based on statutory authority, the FAA’s responsibility is to implement regulations which carry out Congress’s intent.
Title 49 of the USC relates to Transportation. Subtitle VII relates to “Aviation Programs” and Part A of Subtitle VII relates to “Commerce and Safety.” It is in this section wherein the FAA obtains its authority to regulate the NAS.
49 USC §40103(b) states that “The Administrator shall prescribe air traffic regulations regarding the flight of aircraft for:
(A) Navigating, protecting, and identifying aircraft;
(B) Protecting individuals and property on the ground;
(C) Using the navigable airspace efficiently; and
(D) Preventing collision between aircraft, between aircraft and land or water vehicles, and between aircraft and airborne objects.”
Comments
Matthew, Seth, Gary - Thank you 1) for the links to the info, 2) the personal imput, 3) keeping it simple for me....We will keep it below 300 ft., and we never looked at money; and it is privately owned (no school - state or fed.). We wanted something that students could look at, build their own - and have a working model- and use for classroom / lab learning. We, on the flip side, will survey prairie pot-hole areas, wetlands habitat, ect....The interesting thing is that a person who we had contacted last year, is now part of another group who is pushing to get montana as a R&D site for FAA UAS regulation development...due to the wide open spaces, and low population.....I thank you guys (DIY group) for being here...this is great, I hope to be able to add my findings here and add to this great well of knowlege. cheers, byron
@Byron, I think the thing to do is fly your model aeroplane and take some photos for fun from it. Spot the terms I am avoiding! It must be very frustrating over there. Don't try and turn a dime with your machine. All things that can fly without a pilot and can be controlled in three axis are considered UAS. Kites and balloons are exempt.
Seth and Matthew have some top advice, stick below 400' if you can and don't poke the bear!
Lets not all forget the elephant in the room, which is ASTM F-38 I am not as optimistic as others about 2015, the FAA have already moved the NPRM back again quietly. I could be wrong but that's what it looks like from here. I don't believe they will have the infrastructure to cope when something finally does happen and that so many people will have started anyway it will almost be pointless.
I should add that I've contacted the UAPO on numerous occasions, and have always had my questions answered. I've worked in aviation my entire career, and I can assure you that you don't want to "poke the bear." Trying to fly under the radar with the FAA isn't a good idea.
Byron,
Your local FAA, through a FSDO, probably won't have much information on UAS regulations. For all UAS inquiries you should contact the FAA Unmanned Aircraft Program Office (UAPO). For information on the FAA's current UAS rules, refer to the Interim Operational Approval Guidance 08-01 document.
Tom is absolutely correct that the FAA owns all classes of airspace, out to 12 nautical miles from the coast. Further, be careful about the operation of UAS at a public school or university. If the school purchases a UAS it is a public aircraft, and will require a COA for operation (having a COA written will run $50,000 IF you can get one). If the UAV is constructed by a student group or club it is can be operated under the guidance of Advisory Circular 91-57 (this is straight from the UAPO). Further, you, as a private individual, cannot operate your UAV for hire.
The FAA is loathe to write new regulations, so look to current regs for manned aircraft for a guide as to what will be coming down for UAS. Hopefully there will be a less restrictive framework for operating small (<10lb) craft, similar to what is in place in parts of Europe. Right now their only definition for a small UAS is less than 55lbs. If I have to pay an A&P to complete an annual inspection on my Zephyr II I'm not going to be pleased.... For ScanEagle? Sure. For Maverick? Hope not.
Bcrow, I would suggest that you keep your craft below 400 feet AGL (Above Ground Level). That's in accordance with FAA guidelines on model (scale) aircraft.
Minimum safe altitude above populated areas for aircraft, airspace class aside, is 500 feet AGL above unpopulated areas and 1000 feet AGL above populated areas according to Federal Code. So they ask you to keep your RC craft under 400 feet as a precaution.
That seems to be all that the books have to say on the matter until more regulations are enacted, which the FAA is required by law to do before 2015.
Mr. Yochum, I understand the NAS and the airspace, yet no one around here seems to be able to assist me, nor knows where a UAS fits into class E airspace.
My first contact was with a local RC flying club who were helpful....until i did not wish to join the club......I am just not interested in flying over the airport (where only they can fly-if you belong, you follow their rules, which I respect)...I would just like a bit of guidance of where, and what to follow as per regulations. We are looking at direct LOS and within the special regulations of 700' (class E) to surface of the earth.....if it seems I am confussed, I am, i thought that hard part was getting the UAS put together....
bcrow,
The air above Montana is part of the US NAS. Below 700' AGL has special regulations, but it is still part of the NAS.
By the way, Kalispell is one of the most beautiful places in the world. The best airshow I ever saw was there.
Tom
Mr. Mortimer , I posted a couple of days ago (as seen below) a question / comment. I just came across the above posting and am i to understand that there is really no guidance for UAS operation as long as the UAS is private, and does not operate in the NAS? I had contacted, and was met with cold shoulders the local "flying club" who at the begining were 'happy to assist, then seemed to close me down. I contacted two airports (the closest ones we have out here (Missoula, Kalispell) and they had no idea and said that it was a RC plane, and to fly as such. We are looking into a couple of projects with local schools and comm. college, and want to make sure that our T's are crossed, and out i's are dotted so as to show UAS operation is professional, and educational. here in MT. it seems as though we are from outter space, and no one knows what we are talking about.
If we fly 700 ft. or below, and have direct LOS , we do not fall within FAA reglatory airspace, am i correct in that line of thought?
Cheers byron
Greetings all; I am new to this, so please excuse my naiveté.
I listened to the NPR (science friday) program and that is where i learned about DIY, and wish I had known about DIY sooner.
I have designed a program / project (starting soon) which involves using a UAS to map a wetlands / pothole area in rural Montana. The UAS is a 35 lb. airframe (Inst. suite loaded), the data link is a 2.4 GHz video downlink, 900 MHz 2-way modem set up for fully autonomous flight (capability) including launch and landing mission plan created with Cloud Cap Piccolo Command Center ground station software.
I have followed several paths to getting FAA info, and I cannot get any answers from any of the FAA people in MT. (one guy said to fly it, and if someone says something to just plea stupid).
What and where can I find out about FAA / FCC regulations? can I fly at 700 ft.without having to worry about FAA? Montana allows for great UAS operation with our wide open space and low population (6.2 people per mile-last census).
I guess to state the research implications of this, to this group, would be like telling kids Christmas is fun.
any assistance, or ideas would be greatly recieved.
cheers