FAA Modernization and Reform Act of 2012
Senate Bill, Section 607(g)
…exempts most model airplanes used for recreational or academic use from any UAS
regulations established by the FAA
Conference Committee Report
Senate bill with modifications… Language including model aircraft for the purposes of sports,
competitions and academic purposes is removed and replaced with ``hobby''. The modified
section includes language requiring that the model aircraft must be operated in a manner that
does not interfere with and gives way, to all manned aircraft. In addition, language that requires
that model aircraft flown within five miles of an airport will give prior notification to the airport
and the air traffic control (ATC), and that model aircraft that are flown consistently within five
miles of the ATC will do so under standing agreements with the airports and ATC. Lastly,
language is added that will ensure that nothing in this provision will interfere with the
Administrator's authority to pursue enforcement action against persons operating model aircraft
who endanger the safety of the national airspace system. In this section the term ``nationwide
community-based organization'' is intended to mean a membership based association that
represents the aeromodeling community within the United States; provides its members a
comprehensive set of safety guidelines that underscores safe aeromodeling operations within the
National Airspace System and the protection and safety of the general public on the ground;
develops and maintains mutually supportive programming with educational institutions,
government entities and other aviation associations; and acts as a liaison with government
agencies as an advocate for its members.
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SEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT.
(a) In General.--Notwithstanding any other provision of law relating to the incorporation of
unmanned aircraft systems into Federal Aviation Administration plans and policies, including
this subtitle, 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,
if--
(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; and
(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 (when an air traffic facility is located at the
airport) with prior notice of the operation (model aircraft operators flying from a permanent
location within 5 miles of an airport should establish a mutually-agreed upon operating
procedure with the airport operator and the airport air traffic control tower (when an air traffic
facility is located at the airport)).
(b) Statutory Construction.--Nothing in this section shall be construed to limit the authority of
the Administrator to pursue enforcement action against persons operating model aircraft who
endanger the safety of the national airspace system.
(c) Model Aircraft Defined.--In this section, the term ``model aircraft'' means an unmanned
aircraft that is--
(1) capable of sustained flight in the atmosphere;
(2) flown within visual line of sight of the person operating the aircraft; and
(3) flown for hobby or recreational purposes.