Looks like we may have a workable SB71.
See an email I received from Sen Prozanski's office. I have attached amendment 6, please forgive the formatting but I could not upload a .pdf file so I had to convert it to .txt file. It does say in Section 1 part 2 "Model Airplanes" (which when read would suggest the exclusion of helicopters from the protection) as defined in section 336 of the FAA Modernization and Reform Act of 2012 which states the following: (which when read basically includes all aircraft and is not limited to airplanes)
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.
Mike,
Thank you. Senator Prozanski requested an amendment based on your suggested language that also incorporates the -4 amendment. He asked me to provide it, the -6 amendment, for your review. Floyd expects the committee to adopt it tomorrow as the new language of the bill.
Best regards,
Kevin Moore
Legislative Aide
Posted: Mon Feb 25, 2013 3:40 pm