FAA Authority to Regulate Recreational Unmanned Aircraft

In plain language

Even though you fly recreationally under an exception, you must still comply with FAA regulations regarding registration, marking, remote ID, and general flight safety rules that the FAA chooses to establish.

Requirement as structured

The FAA Administrator is permitted to promulgate rules generally applicable to all unmanned aircraft, including those eligible for the recreational exception, regarding operational parameters, registration, marking, remote identification, and safety.

Original regulatory text

U.S.C. Title 49 - TRANSPORTATION (part 2) (f) Exceptions .—Nothing in this section prohibits the Administrator from promulgating rules generally applicable to unmanned aircraft, including those unmanned aircraft eligible for the exception set forth in this section, relating to— (1) 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) Aeronautical Knowledge and Safety Test.— (1) In general .—The Administrator, in consultation with manufacturers of unmanned aircraft systems, community-based organizations, and other industry stakeholders, shall develop, maintain, and update, as necessary, an aeronautical knowledge and safety test. Such test shall be administered electronically by the Administrator or a person designated by the Administrator. (2) Requirements .—The Administrator shall ensure the aeronautical knowledge and safety test is designed to adequately demonstrate an operator's— (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) Community-based Organization Defined .—In this section, the term "community-based organization" means a membership-based association entity that— (1) is recognized by the Administrator of the Federal Aviation Administration; (2) is described in section 501(c)(3) of the Internal Revenue Code of 1986; (3) is exempt from tax under section 501(a) of the Internal Revenue Code of 1986; (4) the mission of which is demonstrably the furtherance of model aviation; (5) 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; (6) provides programming and support for any local charter organizations, affiliates, or clubs; and (7) provides assistance and support in the development and operation of locally designated model aircraft flying sites. (i) Recognition of Community-based Organizations .—In collaboration with aeromodelling stakeholders, the Administrator shall publish an advisory circular within 180 days of the date of enactment of this section that identifies the criteria and process required for recognition of community-based organizations. (Added Pub. L. 115–254, div. B, title III, §349(a), Oct. 5, 2018, 132 Stat. 3298; amended Pub. L. 118–63, title IX, §928(a), May 16, 2024, 138 Stat. 1363.)

Applies when

country

United States

operation type

recreational

regulatory category

General