Section 336 Amendment - What Can We Do?

by FliteTest | April 25, 2018 | (5) Posted in News

Section 336, also known as theSpecial Rule for Model Aircraft, is under attack. This is quite worrying for American model flyers as it means a lot of the freedom enjoyed by recreational RC enthusiasts could be lost if an amendment is accepted.  


About Section 336

At the moment, the 'Special Rule' exempts model aircraft activity from FAA regulation. Essentially what this means is that, as long as you abide by the Academy of Model Aeronautics (AMA) guidelines, you can fly your plane or quad. When it comes to registering a model airplane, under the special rule you must register with the FAA as a 'modeller' and label your model aircraft with your personal registration number. Simple!


What the changes might mean

Eliminating the Special Rule for Model Aircraft would be a real step backwards for the RC hobby. It would make getting involved far more difficult for new pilots. It would also put limits on flying locations. Although in well intended, it is highly problematic. 


  • Flying toys would be subjected to FAA regulation
  • Would require permission to fly in any airspace, including a backyard. To get permission may take months depending on response times from the FAA
  • Any pilots would have to pass an online aeronautical test (problematic for getting friends into the hobby through passing the transmitter)
  • Kids under 13 might not be able to fly


Austin Furey sums up his thoughts on the proposed changes.

'Many hobbyists that still enjoy flexibility regarding when, where and how they fly do so without fully understanding the mechanism that protects their ability to do so. There are companies and lobbyists that have a lot to gain by modifying or eliminating the Special Rule for Model Aircraft and hobbyists have everything to lose if those efforts succeed.' 


What we can do

If you're based in the US, you can write to the elected representatives in Congress. Here's a useful link to the AMA website with a super easy template letter you can sign and send straight away. 


Links to more information

About the Special Rule for Model Aircraft

About UAS registration


Article by James Whomsley

Editor of FliteTest.com

James@whomsley.net

www.youtube.com/projectairaviation

Instagram @jameswhomsley

COMMENTS

kilroy07 on April 25, 2018
Done, and done (the "Take Action" link made it supper easy to support this) thanks for the heads up!
Just started this hobby last September, would hate to see it get strangled by unnecessary government involvement!
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awsomeness62 on May 2, 2018
I totally agree. My 7 year old brother loves to fly and that would be a giant problem for him.
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awsomeness62 on May 2, 2018
Thanks flitetest for the heads up.
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slembcke on April 25, 2018
Uff. It is hard to cut through the legalese. I should probably take a closer look at this after work.

AMA seems to be pro this Sanford/Davis amendment:
https://amendments-rules.house.gov/amendments/SANFOR_075_xml42418180148148.pdf

And against this DeFazio one:
https://amendments-rules.house.gov/amendments/DEFAZI_099_xmlv5419181229352935.pdf

It reads to me that the Sanford one says that the FAA can't make new rules, except for anything that is FPV related. Sec 3a says no new rules except for BVLOS capable systems if you are a hobbyist or part of the AMA. Am I getting that right? I read the old rules, and it was pretty hard to keep that straight too.

The full list is here:
https://rules.house.gov/bill/115/hr-4
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Opus on April 25, 2018
You folks aren't doing your homework. This federal BS is just another example of the federal government getting involved in things that it has no jurisdiction over.
The FAA was created about 1953 for the purpose of ". . promoting safety and efficiency in INTERSTATE AIR COMMERCE." That is Constitutional. Flying RC aircraft is not interstate commerce. The feds have NO AUTHORITY here.
Suggest that you contact your STATE elected representation, educate them and then eject the federal bureaucrats from your state.
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chodgson on April 25, 2018
I think it is pretty clear that the "safety and efficiency of interstate air commerce" is AFFECTED by the flight of RC aircraft. If this wasn't within federal jurisdiction, why would we even need the Special rule for model aircraft? Please don't distract people from the issue at hand.
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slembcke on April 25, 2018
Yeah, I mean there has to be _some_ sort of reasonable rules in place. It's nice that my bike can share the road with regular cars, but if I was drunkenly swerving down down the wrong side of the street... Similarly, it should be allowed to fly a small park flyer in a soccer field while playing chicken with a manned airplane shouldn't be. Somewhere in between is a reasonable line.
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Coltaine47 on April 25, 2018
I live up in Canada and Transport Canada (They Regulate the Transportation in both Air, Land and Sea). Has way stricter regulations and it's getting worse. Right now You can't fly within 256 ft of any Building, Person, or Vehicle, And have to ruin the look of your Aircraft by Stampping your Contact information on it . Meaning if your in a Urban area. Your Maybe limited to one area you can fly unless you have a Model Aronotics association of Canada (MAAC) regulated field. And more Regulations are swinging in this year that are very similar to this. if you aircraft is less than 2.5LBS You have to be 14 and over to fly, Pass a Knowledge test and have Liability insurance. 2.5-5 LBS (most Aircraft fall in this Category). You have to be 16 and over to fly. However that being said Certain cases we have to apply for a Special flight operations certificate. Hmmm it sounds pretty similar to what the FAA is proposing. if only they learn from Canada's mistake
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Section 336 Amendment - What Can We Do?