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FAA Drone Rules May Already Be Outlawed By Congress (hackaday.com)

szczys writes: New FAA rules about drone registration and operation are now in effect. So far the talk has centered around registering your aircraft, and about the weight restriction. But all of this may be moot since the US Congress made a law in 2012 prohibiting these types of rules: "The Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft." Even if the rules hold up under this law, it is not all doom and gloom for drones. The FAA rules could have been much more stringent, and in general they do make sense. Brian Benchoff walks through the regulation, comparing the new rules to the FAA's existing pilot rules, and juxtaposing the threat drones make to full-size aircraft in flight with those risks associated with bird strikes.

9 of 226 comments (clear)

  1. Re:We'll see by JWSmythe · · Score: 3, Informative

    The FCC almost got their way with the the GMRS radios. I suspect almost everyone who has bought a FRS/GMRS radio never bothered to get the GRMS license. I got mine just to say I have it.

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    Serious? Seriousness is well above my pay grade.
  2. Yeah, except by OverlordQ · · Score: 3, Informative

    That 2002 law saying they can't create regulations on model aircraft also have this stipulation:

    the aircraft is operated in accordance with a community-based
    set of safety guidelines and within the programming
    of a nationwide community-based organization

    Considering the whole reason these new regs were passed were because idiots weren't following safety guidelines, makes it a moot point. If the aircraft aren't being operated in accordance w/ safety guidelines the FAA is free to regulate the hell out of model aircraft.

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    Your hair look like poop, Bob! - Wanker.
  3. Re:Waiting... by Anonymous Coward · · Score: 3, Informative

    There are plenty of regulations regarding birds around airports and planes, so what are you waiting for?

    http://www.faa.gov/airports/airport_safety/wildlife/management/

  4. I already got a letter from my flying club by AndyKron · · Score: 4, Informative

    I already got a letter from my flying club saying to hold off on registration. Here's the AMA website report: http://amablog.modelaircraft.o...

  5. Re: We'll see by Albanach · · Score: 3, Informative

    This is totally different. The linked article even explains it

    Following the link, it tells us that model aircraft to which the rule applies are defined as "unmanned aircraft ... Flown within line of sight".

    As i understood it, the new FAA rule applies to drones capable of being flown outside the pilot's line of sight. Therefore this law is irrelevant as to whether or not the FAA can regulate, since it covers a different type of aircraft.

  6. Re: We'll see by Anonymous Coward · · Score: 4, Informative

    Negative, the FAA is apply their new registration rule to EVERY model aircraft whether it's a quadcopter, a helicopter, or a balsa plane. If it weighs more than 0.55 pounds, flies, and is remotely or autonomously controlled they want it registered. Flying a model aircraft out of LOS is against the rules. If the registration allowed for beyond LOS operation, less enthusiasts would be upset about it.

  7. Re: We'll see by Guspaz · · Score: 4, Informative

    The FAA rules are exactly the opposite of what you understand:

    https://www.faa.gov/regulation...

    Operational Limitations

    - Visual line-of-sight (VLOS) only; the unmanned aircraft must remain
    within VLOS of the operator or visual observer.
    - At all times the small unmanned aircraft must remain close enough to
    the operator for the operator to be capable of seeing the aircraft with
    vision unaided by any device other than corrective lenses.

  8. Re:Can somebody explain to me by spire3661 · · Score: 4, Informative

    Guns are an ENUMERATED RIGHT. What part of 'shall not infringe' is unclear to you?

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    Good-bye
  9. Re:Glad for the Drone Regs by spire3661 · · Score: 3, Informative

    Driving a car on private property does not require registration......What other gems of crappy logic do you have?

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