[NSRCA-discussion] Update - UAS Registration Frequently Asked Questions | AMA Government Relations Blog

Ed Alt ed_alt at hotmail.com
Sat Jan 16 07:32:56 AKST 2016


This is why it's a mistake to continue to allow multi-rotor (actual) drones at any AMA flying field.  It doesn't matter that most AMA members are very responsible.  It takes perhaps only one full scale incident and we could be done.  I think that if you've got them, take them somewhere else.  
Ed

To: ldiamond at diamondrc.com; nsrca-discussion at lists.nsrca.org
Date: Sat, 16 Jan 2016 09:19:42 -0700
Subject: Re: [NSRCA-discussion] Update - UAS Registration Frequently Asked Questions | AMA Government Relations Blog
From: nsrca-discussion at lists.nsrca.org


  
    
  
  
    The only time there will be a problem is with full-scale incidents.
    You then have a pilot saying he was at 600 feet and this "drone"
    shot past him vertically and it looked like the "drone" was trying
    to hit him. Then the only issue is who was flying the model. That is
    relatively simple at an AMA field given a description of the model.

    

    A few incidents like that and we will have a hard 400 foot limit (or
    lower).

    

    John

    

    On 1/16/2016 3:25 AM, Larry Diamond via
      NSRCA-discussion wrote:

    
    
      
      
      
      
      
        The
            400’ foot discussion has been interesting to follow.
         
        Think
            about how they would enforce this if it were regulation and
            you were at a flying site.
         
        1)      If
            they show up to the flying site, they would be conspicuous
            with equipment trying to document the fact you are above
            400’. They must have physical evidence for it to stand up in
            court if the citation is issued. You simply bring your plan
            down to 400’ or don’t fly.
        2)      If
            they were off site, it is no different than issuing speeding
            tickets. They must have evidence the plane they document
            belongs to you and they must be able to demonstrate a
            violation occurred and the history to show it is you without
            question. This will not be enforceable if they can’t testify
            you were physically flying the drone over 400’.
        a.       Example:
            An enforcement officer locks there radar on you for
            speeding. The officer is charged with the responsibility of
            maintaining a visual on you (history) or have video to show
            your vehicle was the one speeding. If it is only a video
            correlation, they must be able to demonstrate (testify) it
            was you driving and not somebody else, typically pulling you
            over within a couple of minutes. If this can’t be
            demonstrated (testified) to the level of beyond reasonable
            doubt, the charge/citation will not stick and it will be
            dismissed.
         
        Were
            the 400’ policy does get enforced with certainty will be a
            post mortem event. i.e. midair collision… Outside of this
            type of event, it will be very difficult to police and
            enforce.
         
        It
            is one thing to have a policy out there. It is much
            different when the policy is executed and then tested in the
            court system.
         
        Over
            simplified but the point is clear for me.
         
        As
            my favorite comedian always says, “It is only my opinion, I
            could be wrong”.
         
        Larry
         
        
          
            From:
                NSRCA-discussion
                [mailto:nsrca-discussion-bounces at lists.nsrca.org] On
                  Behalf Of Dana Beaton via NSRCA-discussion

                Sent: Friday, January 15, 2016 9:48 PM

                To: Peter Vogel <vogel.peter at gmail.com>

                Cc: John Pavlick <jpavlick26 at att.net>;
                General pattern discussion
                <nsrca-discussion at lists.nsrca.org>

                Subject: Re: [NSRCA-discussion] Update - UAS
                Registration Frequently Asked Questions | AMA Government
                Relations Blog
          
        
         
        
          I hear you but every time the 400' thing
            comes up again it's in the wrong direction and the
            reassurances carry no weight whatsoever in light of what has
            been published for us to observe to date.  The distinctions
            will be costly for any one individual to make if unlucky to
            find oneself in a process.  While our risk may be low flying
            at our club fields, times have definitely changed...
        
        
           
        
        
          The ERAU UAS course is also a real
            eye-opener in many respects.  I think it is still open if
            anyone is interested.  

            

            Sent from my iPad
        
        
          

            On Jan 15, 2016, at 9:27 PM, Peter Vogel <vogel.peter at gmail.com>
            wrote:
        
        
          
            
              6.e uses the word "should", not
                "must" and that's a very important legal distinction,
                making that a guideline, not a requirement.  Further, as
                they said on Sunday, they are aware they got that wrong
                and are working with the AMA to fix it.
              
                 
              
              
                Peter+
              
            
            
               
              
                On Fri, Jan 15, 2016 at 7:10 PM,
                  Dana Beaton via NSRCA-discussion <nsrca-discussion at lists.nsrca.org>
                  wrote:
                
                  
                    
                      6.e is a real eye-opener, and
                        a lot less ambiguous than 91-57 was in its
                        original form. Will be interesting to see what
                        AMA gas to say about it.  Thanks for the link!

                        

                        Sent from my iPad
                    
                    
                      
                        
                          

                            On Jan 15, 2016, at 7:59 PM, Mking via
                            NSRCA-discussion <nsrca-discussion at lists.nsrca.org>
                            wrote:
                        
                        
                          
                            
                              Has anyone from the
                                AMA commented on the new FAA Advisory
                                Circular 91-57A Change 1?
                            
                            
                               
                            
                            
                              http://www.faa.gov/documentLibrary/media/Advisory_Circular/AC_91-57A_Ch_1.pdf

                                

                                Marty King
                              
                                A&P/IA
                                
                                  mking at kingaeroaviation.com
                                  
                                     
                                    
                                      King Aero
                                        Aviation, Inc.
                                    
                                    
                                      574-304-5781
                                    
                                    
                                       
                                    
                                    
                                      Shop:
                                    
                                    
                                      24751 US 6
                                    
                                    
                                      Nappanee,
                                        Indiana 46550
                                    
                                    
                                       
                                    
                                    
                                      Office:
                                    
                                    
                                      56632 Boss
                                        Blvd
                                    
                                    
                                      Elkhart,
                                        Indiana 46516
                                    
                                    
                                       
                                    
                                    
                                      www.kingaeroaviation.com
                                    
                                    
                                       
                                    
                                    
                                       
                                    
                                  
                                
                              
                            
                            
                              

                                On Jan 15, 2016, at 8:32 PM, John
                                Pavlick via NSRCA-discussion <nsrca-discussion at lists.nsrca.org>
                                wrote:
                            
                            
                              
                                
                                  And
                                      to that end I PROMISE not to shoot
                                      anyone unless they actually break
                                      into my house. Now is it OK if I
                                      buy some 30 round mag’s for my
                                      AR-15? LOL
                                   
                                  
                                    John
                                        Pavlick
                                    Cell:
                                        203-417-4971
                                     
                                    <image001.png>
                                    Integrated
                                        Development Services
                                  
                                   
                                  
                                    
                                      From:
                                          NSRCA-discussion [mailto:nsrca-discussion-bounces at lists.nsrca.org]
                                          On Behalf Of Ed Alt
                                          via NSRCA-discussion

                                          Sent: Friday, January
                                          15, 2016 7:09 PM

                                          To: Dave Lockhart

                                          Cc: General pattern
                                          discussion

                                          Subject: Re:
                                          [NSRCA-discussion] Update -
                                          UAS Registration Frequently
                                          Asked Questions | AMA
                                          Government Relations Blog
                                    
                                  
                                   
                                  
                                    But
                                      Dave, did you like your doctor? 
                                      The promise was "if you like your
                                      doctor, you can keep your doctor".
                                  
                                  
                                    

                                      On Jan 15, 2016, at 7:06 PM, Dave
                                      Lockhart <davel322 at comcast.net>
                                      wrote:
                                  
                                  
                                    
                                      I
                                          have lots of video promising I
                                          can keep my doctor……
                                       
                                      
                                        
                                          From:
                                              NSRCA-discussion [mailto:nsrca-discussion-bounces at lists.nsrca.org]
                                              On Behalf Of Ed
                                              Alt via NSRCA-discussion

                                              Sent: Friday,
                                              January 15, 2016 6:42 PM

                                              To: Peter Vogel
                                              <vogel.peter at gmail.com>;
                                              John Gayer <jgghome at comcast.net>;
                                              NSRCA List <nsrca-discussion at lists.nsrca.org>

                                              Subject: Re:
                                              [NSRCA-discussion] Update
                                              - UAS Registration
                                              Frequently Asked Questions
                                              | AMA Government Relations
                                              Blog
                                        
                                      
                                       
                                      
                                        Anyone get that on
                                            video?  It's just hearsay
                                            until they put it into their
                                            regulations.  Meanwhile,
                                            we're signing up to a
                                            promise not to exceed 400'.
                                             It would be nice to have
                                            that video for the trial.
                                             lol
                                        
                                          
                                              
                                          Date: Fri, 15 Jan
                                              2016 15:39:07 -0800

                                              To: jgghome at comcast.net;
                                              nsrca-discussion at lists.nsrca.org

                                              Subject: Re:
                                              [NSRCA-discussion] Update
                                              - UAS Registration
                                              Frequently Asked Questions
                                              | AMA Government Relations
                                              Blog

                                              From: nsrca-discussion at lists.nsrca.org
                                          
                                            Yep.  This was
                                                brought up directly with
                                                the FAA guy at the AMA
                                                Expo, he indicated that
                                                they got the 400' thing
                                                wrong and will be
                                                working to clarify their
                                                guidance.  The guidance
                                                on the web site right
                                                now is for people not
                                                flying under an approved
                                                set of rules from a
                                                community based
                                                organization like the
                                                AMA.
                                            
                                               
                                            
                                            
                                              Peter+
                                            
                                          
                                          
                                             
                                            
                                              On Fri, Jan 15, 2016
                                                  at 3:32 PM, John Gayer
                                                  via NSRCA-discussion
                                                  <nsrca-discussion at lists.nsrca.org>
                                                  wrote:
                                              
                                                
                                                  This is what the AMA
                                                      says about the 400
                                                      foot barrier on
                                                      the FAQs page:

                                                      

                                                      

                                                      

                                                    
                                                  Q:
                                                        Am I permitted
                                                        to fly above 400
                                                        feet? What if I
                                                        had to check a
                                                        box saying
                                                        otherwise on the
                                                        federal
                                                        registration
                                                        website?
                                                  A:
                                                      Yes. AMA members
                                                      who abide by the
                                                      AMA Safety Code,
                                                      which permits
                                                      flights above 400
                                                      feet under
                                                      appropriate
                                                      circumstances, and
                                                      are protected by
                                                      the Special Rule
                                                      for Model Aircraft
                                                      under the 2012 FAA
                                                      Modernization and
                                                      Reform Act.
                                                      Checking the box
                                                      on the federal
                                                      registration
                                                      webpage signifies
                                                      an understanding
                                                      of the 400 foot
                                                      guideline. This is
                                                      an important
                                                      safety principle
                                                      that all UAS
                                                      operators need to
                                                      be aware of, and
                                                      is the same
                                                      guideline
                                                      established in AC
                                                      91-57 published in
                                                      1981. However, the
                                                      placement of this
                                                      guideline on the
                                                      FAA website is
                                                      intended as an
                                                      educational piece
                                                      and more
                                                      specifically
                                                      intended for those
                                                      operating outside
                                                      of AMA’s safey
                                                      program.  We have
                                                      been in
                                                      discussions with
                                                      the FAA about this
                                                      point and the
                                                      agency has
                                                      indicted that it
                                                      will be updating
                                                      its website in the
                                                      next week to make
                                                      clear that this
                                                      altitude guideline
                                                      is not intended to
                                                      supplant the
                                                      guidance and
                                                      safety procedures
                                                      established in
                                                      AMA’s safety
                                                      program.
                                                  

                                                      Sounds clear,
                                                      right? No 400 foot
                                                      barrier need
                                                      apply.

                                                      However, the
                                                      following is what
                                                      you have to "read,
                                                      understand and
                                                      follow", according
                                                      to the FAA.

                                                      

                                                    
                                                  Acknowledgement of Safety
                                                      Guidance
                                                  
                                                    I
                                                        will fly below
                                                        400 feet
                                                    I
                                                        will fly within
                                                        visual line of
                                                        sight
                                                    I
                                                        will be aware of
                                                        FAA airspace
                                                        requirements: www.faa.gov/go/uastfr
                                                    I
                                                        will not fly
                                                        directly over
                                                        people
                                                    I
                                                        will not fly
                                                        over stadiums
                                                        and sports
                                                        events
                                                    I
                                                        will not fly
                                                        near emergency
                                                        response efforts
                                                        such as fires
                                                    I
                                                        will not fly
                                                        near aircraft,
                                                        especially near
                                                        airports
                                                    I
                                                        will not fly
                                                        under the
                                                        influence
                                                  
                                                  
                                                    Learn
                                                          More
                                                  
                                                  
                                                    
                                                      [ ] I
                                                          have read,
                                                          understand and
                                                          intend to
                                                          follow the
                                                          safety
                                                          guidance.
                                                    
                                                  
                                                  

                                                      Under the "learn
                                                      more" link, we
                                                      find the
                                                      following:

                                                      

                                                      

                                                    
                                                  Model
                                                      Aircraft
                                                      Operations Limits
                                                  According
                                                      to the FAA
                                                      Modernization and
                                                      Reform Act of 2012
                                                      as (1) the
                                                      aircraft is flown
                                                      strictly for hobby
                                                      or recreational
                                                      use; (2) the
                                                      aircraft is
                                                      operated in
                                                      accordance with a
                                                      community-based
                                                      set of safety
                                                      guidelines and
                                                      within the
                                                      programming of a
                                                      nationwide
                                                      community-based
                                                      organization; (3)
                                                      the aircraft is
                                                      limited to not
                                                      more than 55
                                                      pounds unless
                                                      otherwise
                                                      certified through
                                                      a design,
                                                      construction,
                                                      inspection, flight
                                                      test, and
                                                      operational safety
                                                      program
                                                      administered by a
                                                      community-based
                                                      organization; (4)
                                                      the aircraft is
                                                      operated in a
                                                      manner that does
                                                      not interfere with
                                                      and gives way to
                                                      any manned
                                                      aircraft; (5) when
                                                      flown within 5
                                                      miles of an
                                                      airport, the
                                                      operator of the
                                                      aircraft provides
                                                      the airport
                                                      operator and the
                                                      airport air
                                                      traffic control
                                                      tower…with prior
                                                      notice of the
                                                      operation; and (6)
                                                      the aircraft is
                                                      flown within
                                                      visual line sight
                                                      of the operator.
                                                  
                                                    More
                                                          information
                                                          about safety
                                                          and training
                                                          guidelines
                                                    Visit
                                                          knowbeforeyoufly.org
                                                  
                                                   
                                                  This
                                                      implies that the
                                                      400 foot barrier
                                                      is not a limit for
                                                      model aircraft and
                                                      also refers you
                                                      back to the AMA
                                                      FAQs above.  Since
                                                      the "learn more"
                                                      link eventually
                                                      refers you back to
                                                      the AMA position
                                                      on 400 feet under
                                                      the "more info
                                                      about safety" 
                                                      link, it very
                                                      fuzzily appears to
                                                      be supporting the
                                                      position that we
                                                      can still fly
                                                      pattern without
                                                      lying to the FAA
                                                      even though we
                                                      appear to be
                                                      agreeing to such a
                                                      limit in the
                                                      "Acknowledgement".
                                                  Guess
                                                      I'll register.
                                                  
                                                    
                                                       
                                                      
                                                        On
                                                          1/15/2016 3:56
                                                          PM,
                                                          Patternpilot
                                                          One via
                                                          NSRCA-discussion
                                                          wrote:
                                                      
                                                    
                                                  
                                                  
                                                    
                                                      
                                                        
                                                          Here
                                                          is what I got
                                                          from Mark
                                                          Radcliff just
                                                          after
                                                           midnight
                                                          Monday
                                                          morning.
                                                        
                                                        
                                                           
                                                        
                                                        
                                                          He
                                                          was at the
                                                          Expo.  It has
                                                          been posted
                                                          all over
                                                          Facebook.
                                                        
                                                        
                                                           
                                                        
                                                        
                                                           
                                                        
                                                        http://amablog.modelaircraft.org/amagov/2016/01/11/update-uas-registration-frequently-asked-questions/
                                                          
                                                        
                                                           
                                                        
                                                        
                                                          Sa.
                                                        
                                                        
                                                           
                                                        
                                                        
                                                           
                                                        
                                                        
                                                          
                                                          Sent
                                                          from my
                                                          Verizon
                                                          Wireless 4G
                                                          LTE smartphone
                                                          
                                                        
                                                        

                                                          

                                                          
                                                      
                                                    
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                                                          Flight
                                                          Training
                                                    
                                                    
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                                                          Model Aircraft
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                                                          Aeronautics
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                          Training
                      
                      
                        Santa Clara County Model
                          Aircraft Skypark
                      
                      
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