§44809. Exception for limited recreational operations of unmanned aircraft
(a)
(1) The aircraft is flown strictly for recreational purposes.
(2) The aircraft is operated in accordance with or within the programming of a community-based organization's set of safety guidelines that are developed in coordination with the Federal Aviation Administration.
(3) The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co-located and in direct communication with the operator.
(4) The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft.
(5) In Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, the operator obtains prior authorization from the Administrator or designee before operating and complies with all airspace restrictions and prohibitions.
(6) In Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace restrictions and prohibitions.
(7) The operator has passed an aeronautical knowledge and safety test described in subsection (g) and maintains proof of test passage to be made available to the Administrator or law enforcement upon request.
(8) The aircraft is registered and marked in accordance with chapter 441 of this title and proof of registration is made available to the Administrator or a designee of the Administrator or law enforcement upon request.
(b)
(c)
(1)
(2)
(A) the unmanned aircraft complies with standards and limitations developed by a community-based organization and approved by the Administrator; and
(B) the aircraft is operated from a fixed site as described in paragraph (1).
(d)
(1)
(2)
(A) appropriate operational limitations to mitigate risks to aviation safety and national security, including risk to the uninvolved public and critical infrastructure;
(B) operations outside the membership, guidelines, and programming of a community-based organization;
(C) physical characteristics, technical standards, and classes of aircraft operating under this section;
(D) trends in use, enforcement, or incidents involving unmanned aircraft systems;
(E) ensuring, to the greatest extent practicable, that updates to the operational parameters correspond to, and leverage, advances in technology; and
(F) equipage requirements that facilitate safe, efficient, and secure operations and further integrate all unmanned aircraft into the national airspace system.
(3)
(e)
(f)
(1) updates to the operational parameters for unmanned aircraft in subsection (a);
(2) the registration and marking of unmanned aircraft;
(3) the standards for remotely identifying owners and operators of unmanned aircraft systems and associated unmanned aircraft; and
(4) other standards consistent with maintaining the safety and security of the national airspace system.
(g)
(1)
(2)
(A) understanding of aeronautical safety knowledge; and
(B) knowledge of Federal Aviation Administration regulations and requirements pertaining to the operation of an unmanned aircraft system in the national airspace system.
(h)
(1) is described in section 501(c)(3) of the Internal Revenue Code of 1986;
(2) is exempt from tax under section 501(a) of the Internal Revenue Code of 1986;
(3) the mission of which is demonstrably the furtherance of model aviation;
(4) provides a comprehensive set of safety guidelines for all aspects of model aviation addressing the assembly and operation of model aircraft and that emphasize safe aeromodelling operations within the national airspace system and the protection and safety of individuals and property on the ground, and may provide a comprehensive set of safety rules and programming for the operation of unmanned aircraft that have the advanced flight capabilities enabling active, sustained, and controlled navigation of the aircraft beyond visual line of sight of the operator;
(5) provides programming and support for any local charter organizations, affiliates, or clubs; and
(6) provides assistance and support in the development and operation of locally designated model aircraft flying sites.
(i)
(Added
Editorial Notes
References in Text
The date of enactment of this section, referred to in subsecs. (g)(1) and (i), is the date of enactment of
Section 501 of the Internal Revenue Code of 1986, referred to in subsec. (h)(1), (2), is classified to section 501 of Title 26, Internal Revenue Code.
Prior Provisions
Provisions similar to those in subsecs. (a) and (e) of this section were contained in section 336(a) and (b) of
Statutory Notes and Related Subsidiaries
Use of Unmanned Aircraft Systems for Educational Purposes
"(a)
"(1) operated by an institution of higher education for educational or research purposes;
"(2) flown as part of an established Junior Reserve Officers' Training Corps (JROTC) program for education or research purposes; or
"(3) flown as part of an educational program that is chartered by a recognized community-based organization (as defined in subsection (h) of such section).
"(b)
"(1) use of small unmanned aircraft systems and operations at an accredited institution of higher education, for educational or research purposes, as a component of the institution's curricula or research;
"(2) the development of streamlined, risk-based operational approval for unmanned aircraft systems operated by institutions of higher education; and
"(3) the airspace and aircraft operators that may be affected by such operations at the institution of higher education.
"(c)
"(d)
"(1)
"(2)
"(A) instruction of students at the institution;
"(B) academic or research related uses of unmanned aircraft systems that have been approved by the institution, including Federal research;
"(C) activities undertaken by the institution as part of research projects, including research projects sponsored by the Federal Government; and
"(D) other academic activities approved by the institution.
"(e)
"(1)
"(2)