US UAV Regulations Attacked Before Take Off

With hundreds of thousands of hobbyist drones expected to arrive as gifts this holiday season, the race is on to put some kind of regulation in place to mitigate the rising number of near miss air incidents recorded this year.

However, the recommendations of a task force announced by the Obama administration in September, have met with some skepticism of their practical implementation.

The recommendations, which are expected to be broadly accepted by the Federal Aviation Authority (FAA) in December, would require UAV owners to register their names and addresses in a new database and place an identification number on their aircraft.

Certification should include an 'airman knowledge test' showing that the applicant passed an initial aeronautical knowledge test, and a certification signed by the applicant stating that they have no physical or mental condition that would interfere with the safe operation of the drone.

It's intended as a catch-all with any drone with a maximum takeoff weight of 250 grams (just under 9 ounces), or more to be registered.

“The real goal is to create a culture of accountability and safety—and that means giving operators the information they need to fly safely while making it as easy as possible for them to participate in the system,” said Jim Coon, AOPA senior vice president of government affairs, who represented the association on the task force. “This is a good start, but the drone industry is relatively new, and we need to be prepared to make adjustments as we learn more.”

The Academy of Model Aeronautics (AMA), which also had a place on the panel, was immediately critical of the recommendations. It stated that its dissenting views had not been included in the final report and warned the recommendations would violate a 2012 law that explicitly prohibited the FAA from regulating 'model aircraft' for 'hobby or recreational use' that is operating within community-set guidelines.

Aircraft Owners and Pilots Association (AOPA) pointed out that the weight requirement would include drones that are little more than toys, incapable of flying at a height that would interfere with commercial aircraft or pose any other safety hazard.

“Factors other than weight should trigger the registration requirement, such as whether it could fly higher than the current 400-foot FAA limit,” stated AMA executive director Dave Mathewson.

"There is no finding or indication that any AMA member was involved in the incidents and sightings that led to the decision to require ... registration," Mathewson said.

If the regulations go into force then the FAA and government can expect litigation based on the 2012 congressional law.

Dave Vos, co-chairman of the task force and leader of Project Wing at Google X, which is developing delivery drones, noted that the task force didn't make any recommendations about "geofencing," or software that would restrict where drones fly.

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