On Thu, 22 Jun 2006 17:45:45 -0000, Jim Logajan wrote in
:

"Randy Aldous" wrote:
The Sheriff's Cmdr. apparently doesn't understand the
difference between the RC Models and a UAV.

Hmmm. If you read some of the useful links your provide (airspace2.doc
seems to have a nice summary) I think you'll find that "UAV" has various
meanings, some of which include RC models, and some of which don't. Is
there a definition of UAV that the FAA uses that is regulatory? My
fundamental question is what FAR(s) would the FAA cite and convince a judge
that the Sheriff was in violation of?

Far 1.1 Definitions:

"Aircraft means a device that is used or intended to be used for flight in the
air."

"Operate, with respect to aircraft, means use, cause to use or authorize to use
aircraft, for the purpose (except as provided in Sec. 91.13 of this chapter) of
air navigation including the piloting of aircraft, with or without the right of
legal control (as owner, lessee, or otherwise)."

"Pilot in command means the person who:
(1) Has final authority and responsibility for the operation and safety of the
flight;
(2) Has been designated as pilot in command before or during the flight; and
(3) Holds the appropriate category, class, and type rating, if appropriate, for
the conduct of the flight."

So the UAVs are aircraft operated by a PIC.

"The FAA has sole authority over the safe and efficient use of the NAS. The FAA
is responsible for overseeing the safety of the civil airspace, including
operations by the military, government, private pilots and commercial entities.
To this end, the FAA must take appropriate actions to ensure the safety of the
public, which includes the flying public, as well as people and property on the
ground."

Aviation Subcommittee hearing on UAVs
http://www.house.gov/transportation/aviation/03-29-06/03-29-06memo.html.

From the same hearings:

"Recreational Model Aircraft

"Appropriate oversight of model aircraft operations must be considered as the
FAA and interested parties develop standards and regulations for the use of UAVs
in the NAS. The term “model aircraft” is defined by the Academy of Model
Aeronautics (AMA) as a non-human-carrying device capable of sustained flight in
the atmosphere, not exceeding the limitations established in the Official AMA
National Model Aircraft Safety Code, exclusively for recreation, sport, and/or
competition activities. The AMA has been in existence since 1936, and is a
non-profit organization whose purpose is to promote the development of model
aviation as a recognized sport and worthwhile recreation activity. The AMA
coordinates with the FAA and self-polices the operation of model aircraft in AMA
sanctioned events. Some of the operational requirements for AMA sanctioned
activities include:

" * A maximum takeoff weight of a model aircraft, including fuel, is 55
pounds, except for those flown under the AMA Experimental Aircraft Rules;
* Operations shall not take place higher than approximately 400 feet above
ground level, when within three (3) miles of an airport without notifying the
airport operator;
* Yielding the right-of-way and avoiding flying in the proximity of
full-scale aircraft and utilizing a spotter when appropriate;
* Operators of radio control model aircraft shall control the aircraft from
the ground and maintain un-enhanced visual contact with the aircraft throughout
the entire flight; and
* No model aircraft shall be equipped with devices that would allow for
autonomous flight.

"The AMA’s position is that model aircraft should not be included in the
standards and regulations for UAVs, and that in establishing the definition of
UAV, the focus should be on the purpose of the vehicle operation as opposed to
the size or ability of the vehicle."

This hearing apparently took place on March 29, 2006. It should be noted
that Dave Brown, president of the Academy of Model Aeronautics, landed
the trans-atlantic model that flew for over 1800 miles autonomously.
http://tam.plannet21.com/

I think the AMA fears that allowing autonomous RC models will bring
the full weight of Homeland Security down on all of us ordinary
"VFR" RC pilots. (

Marty