[NSRCA-discussion] FAA and Model Aircraft

[Scott McHarg]

Being a UAS pilot for Texas A&M, I have a bit of insight into the UAS
"Commercial/Civilian" program.  Right now, the FAA has issued several
universities, including Texas A&M, a CoA (Certificate of Authorization)
and/or an exemption.  The current CoA provides Texas A&M the ability to
contract myself as a pilot as long as I have a Class 3 medical and have
taken the written (Knowledge Test).  This current CoA expires this year and
allows us to fly up to 400 AGL and WVR (within visual range) aka fly as an
R/C plane.  The new CoA will require us as pilots to have our PPL and then
will allow us to fly up to 17.999 MSL in VFR conditions and BVR (beyond
visual range).  This IS the program that will help the FAA decide on future
rules for UAS activity and why we are being issued CoA's.

In the process of getting my PPL, I became slightly concerned about how the
CoA will affect us as pilots.  PPL holders cannot accept payment for
flights and may not pay less than a pro-rata share of expenses to operate
the aircraft.  We, as pilots, are compensated for the flights.  According
to the rules, this contradicts the FAA rules and the CoA and FAA are now in
conflict.  I decided to call the FAA in Houston to get the "official"
answer.  I spoke to Jeff Riff, head of UAS activity in HOU, and explained
my issues with what was going on.  I asked, A.) How is it OK that I get
paid to do this under the CoA with my PPL and B.) Since the CoA requires my
PPL, do I get to log the hours I fly the UAS.  His answer was...."You can
accept payment but you cannot log the hours....yet.  You can accept payment
because, at this time, the FAA does not consider an UAS an airplane.  You
cannot log your flight hours as PIC or under your PPL because the FAA does
not consider an UAS an airplane."

What's the whole point to this??  The programs that are being instituted
throughout the country are to help the FAA decide how to moderate the UAS
category as well as what will define an UAS in the future.  Based on our
conversations, I would say the FAA is 3-6 years away from making these
determinations.  I am very confident, however, that we as R/C fliers, worry
a little too much.  The FAA recognizes our group via the AMA and has given
these responsibilities to the AMA.  From my conversations and, of course,
being involved with the FAA in regards to this program, we don't need to
worry too much but should certainly be vigilant as to what is going on.
 Mr. Riff told me that he would recommend keeping my flight hours logged in
a separate book because he feels that within the next 3-6 years that I
would be able to log UAS hours under my PPL.  If I ever need to get my
commercial license to comply, I will certainly need those hours to count!

Since the FAA does not consider UAS ships an aircraft...at least
yet....they don't have much of a leg to stand on.

Best Regards,
Scott McHarg


On Fri, Mar 7, 2014 at 2:16 PM, David Harmon <k6xyz at sbcglobal.net> wrote:

> That's what I immediately thought as well....
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> *David Harmon*
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> *Sperry, OK*
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> *From:* nsrca-discussion-bounces at lists.nsrca.org [mailto:
> nsrca-discussion-bounces at lists.nsrca.org] *On Behalf Of *Larry Diamond
> *Sent:* Friday, March 7, 2014 12:28 PM
>
> *To:* NSRCA Discussion
> *Subject:* [NSRCA-discussion] FAA and Model Aircraft
>
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> I expect things are about to change regarding regulation of commercial
> drones and model aircraft.
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> It will be interesting to see how this plays out...
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> This is a loss for the FAA and model aircraft hobbyist and a big win for
> the commercial industry, which will get tightened up with new quick regs, I
> would imagine.
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> Only my opinion, I could be wrong...
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> Must Read...
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> http://www.foxnews.com/us/2014/03/07/judge-dismisses-faa-fine-against-small-drone-user/?intcmp=latestnews
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> _______________________________________________
> NSRCA-discussion mailing list
> NSRCA-discussion at lists.nsrca.org
> http://lists.nsrca.org/mailman/listinfo/nsrca-discussion
>



-- 
*Scott A. McHarg*
Sr. Systems Engineer - Infrastructure
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