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United States Government

FAA Moves Toward Treating Drones and Planes As Equals (hackaday.com) 167

Hackaday's Tom Nardi writes about the Federal Aviation Administration's push to repeal Section 336, which states that small remote-controlled aircraft as used for hobby and educational purposes aren't under FAA jurisdiction. "Despite assurances that the FAA will work towards implementing waivers for hobbyists, critics worry that in the worst case the repeal of Section 336 might mean that remote control pilots and their craft may be held to the same standards as their human-carrying counterparts," writes Nardi. From the report: Section 336 has already been used to shoot down the FAA's ill-conceived attempt to get RC pilots to register themselves and their craft, so it's little surprise they're eager to get rid of it. But they aren't alone. The Commercial Drone Alliance, a non-profit association dedicated to supporting enterprise use of Unmanned Aerial Systems (UAS), expressed their support for repealing Section 336 in a June press release: "Basic 'rules of the road' are needed to manage all this new air traffic. That is why the Commercial Drone Alliance is today calling on Congress to repeal Section 336 of the FAA Modernization and Reform Act of 2012, and include new language in the 2018 FAA Reauthorization Act to enable the FAA to regulate UAS and the National Airspace in a common sense way."

The 2018 FAA Reauthorization Act does not simply repeal Section 336, it also details the new rules the agency would impose on unmanned aircraft and their operators. Under these proposed rules, all unmanned aircraft would be limited to an altitude of 400 feet unless they have specific authorization to exceed that ceiling. They must also be operated within line of sight at all times, effectively ending long-range First Person View (FPV) flying. There's also language in the Reauthorization Act about studying the effects of flying unmanned aircraft at night, or over groups of people. It also states that drones, just like traditional aircraft, must be registered and marked. It even authorizes the FAA to investigate methods of remote identification for drones and their operators, meaning it's not unreasonable to conclude that RC aircraft may be required to carry transponders at some point in the future. To many in the hobby this seems like an unreasonable burden, especially in the absence of clear limits on what type of small aircraft would be excluded (if any).
The report also notes that the 2018 FAA Reauthorization Act will require drone operators to have to pass an "aeronautical knowledge and safety test," and to show proof of their passing to any law enforcement if questioned. Also with the repeal of Section 336, "young people might actually be excluded from flying remote-controlled aircraft," Nardi writes. "While many RC planes and quadcopters are marketed as children's toys, in the absence of Section 336, it's not clear that a child could legally operate one. The FAA requires a person to be 16 years of age to obtain a pilot's license, and if unmanned aircraft are truly expected to obey the same 'rules of the road,' it's not unreasonable to assume that age requirement will remain in effect."
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FAA Moves Toward Treating Drones and Planes As Equals

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  • by iggymanz ( 596061 ) on Monday October 08, 2018 @08:58PM (#57448652)

    with the unsafe and perverted nonsense going on in my neighborhood because of punks with drones, some testing and regulation might be a good thing

    • with the unsafe and perverted nonsense going on in my neighborhood because of punks with drones, some testing and regulation might be a good thing

      And this would stop stupid people willing to do illegal things ... how?

      • I could have the cops take their toys away when they are doing dangerous or intrusive things, that's how. Or maybe even give their illegal drone some #4 birdshot, what are they going to do, whine how their illegal drone was blown to bits?

        • Your solution makes about as much sense as using a shotgun to blow the tires off a car parked in a loading only zone. Or a bicyclist that rides down a pedestrian-only walkway so you demolish his bike with a baseball bat. Just because something is against the law doesn't give another person the right to turn vigilante.

          ---
          • no, it makes as much sense as grabbing the camera from the peeper standing on a ladder outside my daughter's bedroom window and smashing it. in other words, a lot of sense.

            your stupid wuss world is inferior to mine

    • Yes, we need to test and regulate some toys because of them damn punks are slightly unsafe. Also I want to be able to blow the drown out of the sky with my shotgun, because 'MURIKA!

    • by Frobnicator ( 565869 ) on Tuesday October 09, 2018 @06:29AM (#57449804) Journal

      When it comes to policy (government, business, whatever) I have two questions: (1) What specific problem is it trying to solve, and (2) will the policy actually solve the problem.

      I'm not sure what the "punks with drones" in your neighborhoods are doing, but it does feel like that's the biggest set of problems. "Punks with drones" brings up images of people who are ignorant of the risks or problems, and also people who intentionally or maliciously use their aircraft for things like dive-bombing people or to otherwise annoy or harass. Since the law has now actually passed, it's a matter of looking at what it does.

      Going through the list in the law, I think the rules mostly address actual problems, but introduce many of their own.

      Item 1 on the law brings back the "strictly recreational purposes" rule, which was the source of several lawsuits that brought about the earlier policy. Now that it is back you can be sure lawsuits will follow it. Landscapers, survey crews, and similar workers lose a valuable tool but they weren't a problem before. Photographers and journalists lose the exemption although some of them were "punks with drones", some were not. Community search and rescue groups lose the exemption and they definitely weren't a problem. These eight words are highly problematic.

      Line of sight restrictions are trying to solve a real problem, but the wording change is heavy-handed and sloppy. I have two aerial hobbies, and have had words with drone pilots who were beyond trees, flying their aircraft in areas that were still inside their line of sight above the tree line, but not where they could see the surrounding areas and couldn't see the dangers. I have been overflown, sometimes dangerously close, by pilots who were buzzing what they saw was the tree line, flying at the edge of their visibility. Their dangerous flight still meets the requirements of line of sight but they had no idea how close they were to causing major damage. Contrast with craft with cameras that grant a good view of the entire area yet fly out of direct line of sight. Even though the pilot might not see the craft, they have high visibility of their environment. There are far better solutions than the 28-word section of the policy.

      Not interfering with manned aircraft, not interfering with established flight zones, and limits to height are all known-good solutions and were part of the old policy. Those solve real problems, both for other aircraft and for people on the ground. Many air fields (including model aircraft shows) have boundaries, and sadly many pilots (including those who know better) violate the boundaries and risk the safety of others. There is no bright line to know you've crossed the boundary, and it sadly needs better enforcement.

      The rule about passing a safety test and maintaining "proof of test passage" to be displayed on request (i.e. must carry a license) doesn't seem to solve an actual problem. Those licenses require many hours of training, plus a few hundred bucks for the tests. The cheap little whirlygigs and palm-sized quad-copters really are children's toys and shouldn't need the license, but the policy includes them. Larger craft that cost thousands of dollars could reasonably require some training because they can easily cause serious damage and personal harm, HOWEVER, those pilots tend to get training because a crash is expensive and most people don't start with one of these. I don't know if a requirement to carrying a license that can be given to law enforcement on request is the right solution, but it doesn't feel like it. Time will tell, it might help with the "punks with drone" problem you describe, but I doubt it. Instead it will mean outlaws have drones because near-everybody is an outlaw.

      The proof of registration is for tax revenue. It doesn't solve a real problem, it's just feeding the coffers. There are currently more than one million of these craft currently registered. Registration used to be mandatory but free. Now it is mandatory and paid. Some gov

    • With all the illegal things people are using computers to do on the internet some regulation is needed. I'm tired of the pervs and thieves and criminals on the internet. We should require anyone that uses the internet to get stamped and registered and mandate all computers to have a tracking device for the safety of people using the internet. People just want to use the internet in peace we need a way to track the hackers so lets regulate everyones computers.
    • by Shaitan ( 22585 )

      Who cares about kids getting their jollys. While someone might squeal, jump on a table, and shriek "kill it"; looking never actually hurt anything.

      On the other hand there is a great deal of experimentation and learning to be had from these tools. In many ways it is like Ham radio of old... actually many of those who pilot these things become HAM radio operators so they can tinker with them further and take advantage of superior technology.

      • these "kids" as you call them, actually adult babies, seem to think it's funny to "buzz" people with a 5 lbs. drone going as close to the victim's head as they can.

        they also think it's funny to spy on young women through windows.

        Law abiding adults care what these "kids", juvenile adults, do.

        They need the hammer brought down on them, and their toys.

  • Does this mean I can now land my drone at the local airport?
    • by viperidaenz ( 2515578 ) on Monday October 08, 2018 @09:05PM (#57448676)

      After you get their permission and pay the landing fees, sure.
      Along with the usual flight plans and registering them with air traffic control.

      • With all the illegal things people are using computers to do on the internet some regulation is needed. I'm tired of the pervs and thieves and criminals on the internet. We should require anyone that uses the internet to get stamped and registered and mandate all computers to have a tracking device for the safety of people using the internet. People just want to use the internet in peace we need a way to track the hackers so lets regulate everyone’s computers. People should be licensed to use compute
      • by dcw3 ( 649211 )

        Parent isn't at all insightful.
        Neither flight plans nor registration are required for a private aircraft to fly into a local airport under VFR conditions. Private pilot here.

    • by DanDD ( 1857066 )

      This is exactly what it means. Once you have a pilot's license and your drone is equipped with sufficient instrumentation to see and avoid other aircraft, you could file a flight plan (if needed) and land at a local airport. Just keep in mind that depending on the services you require at an airport, you could be charged a landing fee.

      And, despite the fact that I am a pilot and can fly my own damn plane, I can see the day when I would pay you for a drone ride to the other side of town in order to avoid he

    • by Greyfox ( 87712 )
      You'll likely have to obey airspace restrictions, which is more likely to lead to you not being able to operate your drone anywhere near a large airport, stadiums or sporting events or other aircraft. I'm a bit hazy on the actual distances off the top of my head -- it's been a couple off years since I've read the FARs, and I'm only incidentally involved with the airspace anyway.

      Oh yeah, and you'll probably also have to read all the FAA Regulations. It sounds like they're being somewhat rewritten at the mo

  • They should at least be consistent. Paragliders and related are not licensed at all.

  • by Anonymous Coward

    There is a very wide spectrum of drones. One one end there are the micro-quadcopters that weigh 50 grams, on the other one there is RQ-4 Global Hawk. Having one regulation for tiny quadcopters or model planes on end and multi-ton machines at the other end makes no sense whatsoever.

    Anything that flies lower than 100 feet AGL in class G airspace should not need to be regulated. Any unmanned vehicle flying in any other class of airspace than class G and above 100 feet AGL in class G airspace should be regulat

  • by p51d007 ( 656414 ) on Monday October 08, 2018 @09:27PM (#57448746)
    I've been involved with R/C for over 30 years. Always go out of town or a very open field with NO people to fly my stuff. Now all these lDIOTS that take their quads out of a box, charge them, turn them on and suddenly... I'm a pilot! They have no idea the danger those spinning blade have, how to operate them, no respect for safety or anything. Now, thanks to YOU morons, I'll probably have to get a license, be tested, pay a fee all because of these stupid toys (not including the pros that fly these things for commercial purposes). I've been a ham operator for about as long, and back in the "old" FM days, flew a black flag on my transmitter. Those old Futaba transmitters were pretty good to, nothing like the Spectrum transmitters today, but still for the time pretty good. THANKS a lot.
    • by AmiMoJo ( 196126 )

      RC enthusiasts go out in groups and cooperate to make it more or less safe. People still get hit or interfere with each other, and it's regulated by gentlemen's agreements.

      That only works as long as the number of people is relatively low. Same with driving cars, anyone could do it at first with no test or check on their vehicle. Then everybody wanted to drive and more regulation was needed. Same with radio transmitters and many other things operating in shared spaces.

      Sucks for you but it was inevitable real

    • cry me a fucking river. You old RC greybeards are part of the problem. You assume all people that fly quadcopters are irresposible and lump us all in the same boat. Here's a fucking clue. Many of us build our quadcopters from scratch. Ever heard of FPV? The entire FPV world is not the same as the people who go buy a toy drone and take it out of the box and fly it. Geez smfh
      • by dcw3 ( 649211 )

        No, the overwhelming majority of you did NOT build your own, and have zero training. So, take your homebuilt one, and go show others how to be responsible with theirs, because there are many (not most) who aren't.

    • I've been involved with R/C for over 30 years. Always go out of town or a very open field with NO people to
      fly my stuff. Now all these lDIOTS that take their quads out of a box, charge them, turn them on and suddenly...
      I'm a pilot! They have no idea the danger those spinning blade have, how to operate them, no respect for safety
      or anything.

      Friend of mine took his new DJI drone out at a local park. In seconds it was so high and distant I couldn't spot it in the sky, and at some point couldn't hear it either. Passing park rangers notified us that drone usage in a state park was illegal. Turns out there are few places in the state where it is legal to fly them

      I was amazed at the flight capability. From your experience would you say these new devices are flown much higher and farther than what a traditional RC enthusiast was doing? Given th

      • Unless they've converted to UHF radios (that call for a FCC license), the DJI is still low and close.

        Balloon released FPV that lets you see the horizon's curvature is where 'traditional RC people' are.

    • And no-one ever bought an RTF from the local hobby shop and flew it in a schoolyard or local park without concern for safety, radio interference, AMA licensing, or flying at a sanctioned field. Get a hint, you sound like a grumpy old guy. I've flown FF, UC, and RC since the early 1970s and now I am flying a drone. My first act (while charging my drone) was to register it with the feds and read the operating rules. It's no different than any other form of model aviation. There is no shortage of idiots and th
  • by raymorris ( 2726007 ) on Monday October 08, 2018 @09:28PM (#57448752) Journal

    The section in question applies to small model planes uses only for recreation (no commercial use). In other words, toys. For decades model aircraft have been just fine using compliance with AMA rules, without a bunch of paperwork with the FAA for each foam plane.

    The word "drone", used in the title, has at least three completely different meanings.

    In the military, a "drone" is an aircraft, normally fixed-wing (an airplane) which has some degree of ability to operate autonomously.

    Around the same time that new military drones were in the news, toy helicopters with four motors (quadcopters) became popular. Advertisers capitalized on the media coverage of military drones by calling these toys "drones", though they can in no way fly autonomously. Most can't go more than about 100 meters from the operator (though a few can go further).

    Thirdly, although the physics are such that quadcopters are horrible for scaling up, some people thought about building 2 meter sized quadcopters and using them commercially. There have been some serious proposals, but largely that's gimmick to get attention because the physics don't work out very well. Anyway, that's a third thing called "drone" that's very different from military jets, and very different from little plastic toys.

    Talking about what laws should be for "drones" doesn't make much sense because military jet planes are called drones, little plastic toys are called drones, and motorcycle-sized commercial aircraft are called drones. Talking about laws for "drones" is pointless, or worse, highly misleading, unless you first define which kind of "drone" you're talking about.

    Section 336 is about model aircraft, little foam and plastic toys. Getting rid of it won't solve any concerns anyone may have with anything else called "drone", such as the commercial use vehicles Amazon talks about.

    • You've made an interesting point. But most of the current furor over abuse and privacy and safety are about precisely the "second" set of drones you mention. In common usage, those are what most people mean by drones, and they are what will be affected most strongly by removing section 336, which is the law currently affecting control of those devices by the FAA. A short news article seems unlikely to draw the distinctions about the other types of drones because the usage is clear.

      • > But most of the current furor over abuse and privacy and safety are about precisely the "second" set of drones you mention. In common usage, those are what most people mean by drones, and they are what will be affected most strongly by removing section 336

        I suspect most of the fear and furor is from confusing the second set, toys, with the third set, large commercial vehicles ala Amazon. If people are seriously worried about their safety from other people playing with toys, they are not well informed

        • As it happens, other government agencies are pretty picky about the safety of toys

          Which is why so many products say "this is not a toy" on the box.

          There are plenty of drones in between "kids toys" and "large commercial vehicles". Devices that are big enough to be potentially hazardous, big enough to accommodate automated flight stabilisation, automated waypoint flight, automated return home, long distance remote control and long distance remote vision yet small and cheap enough that any non-dirt poor adult can by go out and buy one.

    • Advertisers capitalized on the media coverage of military drones by calling these toys "drones", though they can in no way fly autonomously.

      With a simple app on an Android phone (Pix4D) a DJI Phantom series "drone" can fly completely autonomously, from take-off through landing.

      Talking about laws for "drones" is pointless, or worse, highly misleading, unless you first define which kind of "drone" you're talking about.

      Isn't it great, then, that laws dealing with "drones" don't actually call them that and do, indeed, define exactly what is covered?

      Section 336 is about model aircraft,

      Part 107 is more important as a sign of how the FAA treats "drone" pilots as compared to "real" pilots, and no, they do not require nearly as much training or demonstrated ability from an RPV licensee as a PP-SEL.

  • I'm a commercial drone operator, and literally everything in the parent post is how we already operate. It's not even a little bit burdensome, and it lets sUAS operators fly safely with our crewed counterparts.

    No, you _can't_ fly your drone out of sight without a spotter or a waiver. You never know when a helicopter's gonna be around, or when you'll bump into something you can't see. No, you can't fly over 400 feet without a waiver — low flying air traffic can't see a 3 ft wide drone until it's too la

    • So, you think it's quite reasonable to require an airplane tethered to the ground with 70' wires, and entirely mechanically operated, no batteries, no electronics, and can only be flown in a circle should have a transponder and the operator pass a test about a air navigation? After having never even see a quadcopter up close, or ever having flown RC?

            You know *nothing* about this, you are the problem, and you are the reason this is happening.

      • by ki4iib ( 902605 )

        Well, this was a charitable comment. But there's no point in being a jerk on the internet, so:

        I don't know much about tethered flight. You're right. How much of this kind of thing happens? Why are these even aircraft? How are they not regulated like kites?

    • I'm a commercial drone operator, and literally everything in the parent post is how we already operate. It's not even a little bit burdensome, and it lets sUAS operators fly safely with our crewed counterparts.

      You're either very confused or straight out lying.

      I fly a RC aircraft at a small RC airfield in a rural area which is around 10 miles from the nearest (small) airport. I fly a homebuilt RC aircraft that cost me $400 total (including the controller) and weighs roughly 2 pounds to a maximum altitude of around 300 ft. I only get to fly 10 times a year due to time constraints, and in fact, I didn't fly at all last year.

      Now we have the FAA pushing to RC planes like manned aircraft. Keep in mind a pilot's license currently costs $4-10k plus lots of training--to fly a toy in mostly unnavigable airspace.

      Yes, we have a problem. There are drones operated near and in class B airspace, and they have caused issues and encounters with aircraft. Something must be done. But treating toy RC aircraft like planes is insane. Calling those laws "no burden" is wrong.

      Yes, this is oppression. I should be able to play with toys without tons of training and paperwork in my own backyard. Except for near airports, the safety argument is crap. Last year in the US, 818 people died riding bikes. 110 died from lawnmowers. 51 died from lightning. How many people have died in the history of recreational RC aircraft? 3?

      • by ki4iib ( 902605 )

        I'm a commercial drone operator, and literally everything in the parent post is how we already operate. It's not even a little bit burdensome, and it lets sUAS operators fly safely with our crewed counterparts.

        You're either very confused or straight out lying.

        No, I'm pretty sure I'm still on point.

        I fly a RC aircraft at a small RC airfield in a rural area which is around 10 miles from the nearest (small) airport. I fly a homebuilt RC aircraft that cost me $400 total (including the controller) and weighs roughly 2 pounds to a maximum altitude of around 300 ft. I only get to fly 10 times a year due to time constraints, and in fact, I didn't fly at all last year.

        So nothing about these regulations would be especially onerous? You're flying in line of sight, you're flying under 400 feet, you're not flying in controlled airspace or at night...

        Now we have the FAA pushing to RC planes like manned aircraft. Keep in mind a pilot's license currently costs $4-10k plus lots of training--to fly a toy in mostly unnavigable airspace.

        Yes, we have a problem. There are drones operated near and in class B airspace, and they have caused issues and encounters with aircraft. Something must be done. But treating toy RC aircraft like planes is insane. Calling those laws "no burden" is wrong.

        Yes, this is oppression. I should be able to play with toys without tons of training and paperwork in my own backyard. Except for near airports, the safety argument is crap. Last year in the US, 818 people died riding bikes. 110 died from lawnmowers. 51 died from lightning. How many people have died in the history of recreational RC aircraft? 3?

        It's not tons of training and paperwork. The commercial exam is the aeronautical equivalent of the Technician ham radio license. You can do free practice tests online, and expect to pass the actual exam. I can't imagine a hobbyist license would be any more difficult.

        Repealing 336 (as I'm rea

    • by mark-t ( 151149 )

      You never know when a helicopter's gonna be around

      When you are flying about 30 to 40 feet from the ground in a public park, it's a pretty safe bet that a helicopter isn't going to be flying there. The drone might occasionally go out of sight as it passes behind a tree, but helicopters aren't going to be landing in such heavily wooded areas either because there's no room for them

      • by ki4iib ( 902605 )

        Fabulous! These regs generally won't affect you!

        • by mark-t ( 151149 )

          Exactly my point... that people who fly their drones responsibly and unobtrusively would be very likely able to continue to use their drone exactly the way they always have without any legal repercussions, even if they don't have any kind of license or registration to do so.

          Heck, I'd think that a high flying *KITE* probably poses more of a risk to low-flying aircraft than a drone that is being responsibly flown would. I've flown kites as a kid *way* way higher than any drone I've ever seen go.

          • by ki4iib ( 902605 )

            Yeah, generally agreed. These changes just won't affect people flying RC or tethered aircraft who are flying within line of sight and under 400 feet. You might have to go sit for an exam and write a registration number on your aircraft, but it's not a tough exam and you can use small letters.

            • by mark-t ( 151149 )

              It's the "line of sight" thing that bothers me the most, really... because I can easily envision situations where the craft is flown into areas that you don't directly see, except by what the camera on the device will show you, but it's not invading anyone's privacy or flying in any area it shouldn't be either.

              For example, making an obstacle course out of large cardboard boxes and navigating the drone through it entirely by on-board camera... obviously of no danger to anyone, but still technically in con

              • by ki4iib ( 902605 )

                I think the way a lot of FPV racing folks get around that is by flying in large warehouses. Inside == not an FAA problem.

                But yeah, sort of like flying a drone through a blow-up paintball course or something. That could be fun.

  • there goes my potato gun and water rocket!

  • by CaptainDork ( 3678879 ) on Monday October 08, 2018 @10:21PM (#57448928)

    ... , a non-profit association dedicated to supporting enterprise use of Unmanned Aerial Systems ...

    Is that like a special interest group for "for-profits", kinda like lobbyists or a PACs or stuff?

  • ... is going after our guns.

    Where's the NRA when you need them and stuff?

  • Every idiot quadcopter pilot who flies with no thought of safety, regulations, noise, privacy, or common sense. That would be well over a third of them, possibly over half.
  • You can (legally, in the US) buy an ultralight aircraft and fly it in some areas without any sort of training or licensure. Look up Part 103 ultralight.
    • by DanDD ( 1857066 )

      If you are able to get an ultralight in the air with no training and survive the landing, great! Welcome to aviation! And since you are carrying around a pair of Mark I Eyeballs in your head, please see and avoid other aircraft. And watch out for all the damn drones :-p

  • FAA is going nuts, the language would require registration for simple balsa rubber band powered plane.

  • So, new SOPs on DOAs from the FAA?

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