MPA
Elite Veteran
Location: Australia
| Flyboy.
Do we assume by your post you support Guava and his poxy regulations ?
How about you take on the concept of those same regulations covering you and your activities in the USA.
I dont think youd be laughing to loud.
In fact they do apply in the USA
All it needs one legal spark in the FAA to do the same as the lawyers at CASA did and you will be under the same regulations we have here in Aus.
Dont beleive it ?
Read it and weep.
- On the issues of regulation
http://www1.faa.gov/avr/afs/news/ar...b2003/scale.htm
Not only has the progress of radio-controlled aircraft development raised issues within the U.S. Air Force, but also it has raised one issue within FAA about the use of such craft in the National Airspace System (NAS). Someday, you may hear an air traffic controller issuing you a traffic advisory about an unmanned vehicle at 12 o’clock and three miles. Before you panic, that aircraft may also have sensors onboard to help it “see” and avoid you. Now who has the right of way?
If the idea of flying crosscountry with an unmanned aircraft near your aircraft bothers you, you might as well start getting use to the idea. It may happen. But such aircraft will be subject to regulation.
They will be regulated both for your protection and the protection of those on the ground. A basis for that requirement is contained in the FAA’s definitions in the Code of Federal Regulations (CFR), title 14, part 1, Definitions and Abbreviations. The FAA definition of “aircraft means a device that is used or intended to be used for flight in the air.” Nowhere in that definition does it say the device has to be manned. Under this definition, a small or reduced scale aircraft such as a R/C model aircraft is just that. It is an aircraft subject to rules governing its operation in the NAS.
- And here is FAA Working with ICAO
(the term "model" used there is not refering to model aircraft explicitly it refers to the "regulation model" other regulators can adopt to work to ICAO)
http://www1.faa.gov/avr/iasa/calr.htm
And the existing rules that state as much as they do in Aus that all Helicams in the USA do require certification to operate, already if some FAA lawyer takes it to the end point of law.
Part 1 — General Policies, Procedures, and Definitions
http://www1.faa.gov/avr/iasa/PART01.doc
1.1.1.4 Definitions
(a) For the purpose of these regulations, the following definitions shall apply:
(5) Aeroplane. A power-driven heavier-than-air aircraft, deriving its lift in flight chiefly from aerodynamic reactions on surfaces which remain fixed under given conditions of flight.
(8) Aircraft category. Classification of aircraft according to specified basic characteristics (e.g., aeroplane, helicopter, glider, free balloon).
(42) Helicopter. A heavier-than-air aircraft supported in flight chiefly by the reactions of the air on one or more power-driven rotors on substantially vertical axis.
(iii) Class 3 helicopter. A helicopter with performance such that, in case of engine failure at any point in the flight profile, a forced landing must be performed.
(65) Small aeroplane. An aeroplane having a maximum certified take-off mass of less than 5,700 kg. (12,500 lbs.).
- And there is no exepmtion from that
1.3 Exemptions and equivalent SAFETY case
1.3.1.1 Exemptions and Equivalent Safety Case
No person may introduce procedures contrary to those prescribed in these regulations unless needed and an equivalent safety case has first been approved by the Authority.
Model Aircraft and UAV are by definition aircraft
Therefore bound be the same regulations unless otherwise stated.
Thus the rules to determine the need for operators certification for commercial activites should be the same criteria.
Part 8 — Operations (with Implementing Standard)
Aerial Work
http://www1.faa.gov/avr/iasa/PART11.doc
11.1.1.2 Definitions
(a) For the purpose of Part 11, the following definitions shall apply:
(1) Aerial work. An aircraft operation in which an aircraft is used for specialised services such as agriculture, construction, photography, surveying, observation and patrol, search and rescue, aerial advertisement, etc.
- And then you look to movie or filming.
11.6 TV AND MOVIE OPERATIONS
11.6.1.1 Applicability
(a) This Subpart applies to those operations involving movie filming, appearance in flight in movies, and airborne direction or production of such filming when those operations are conducted as part of a business enterprise or for compensation or hire.
(b) For purposes of this Subpart, “movie” shall include film, videos, and live broadcast in any format, and the preparation and rehearsal for those operations.
11.6.1.2 Certificate or Authorisation Required
(a) The Authority shall require each person conducting operations covered by this Subpart to hold a certificate or equivalent authorisation.
(b) The Authority will issue a certificate or authorisation to each applicant who qualifies for it under the provisions of this Subpart.
11.6.1.3 Aircraft Requirement
In order to be used in motion picture and television filming operations, aircraft in the experimental category shall have an airworthiness certificate issued for the purpose of exhibition.
FAA Inspector Handbook 8700, Chapter 53
11.6.1.4 Experience and Training Requirements
(a) No pilot may conduct television and movie operations unless he or she has:
(1) A commercial license with ratings appropriate to the category and class aircraft to be used under the terms of the waiver.
(2) At least 500 hours as PIC.
(3) A minimum of 100 hours in the category and class of aircraft to be used.
(4) A minimum of five hours in the make and model aircraft to be used under the waiver.
(5) If the pilot intends to perform aerobatics below 1,500 AGL, a Statement of Aerobatics Competency for the operations to be performed.
FAA Inspector Handbook 8700, Chapter 53
11.6.1.5 Waiver Requirements
(a) A waiver shall be obtained if filming sequences require an aircraft to be flown—
(1) In aerobatic flight below 1,500 AGL,
(2) Over a congested area, or
(3) In controlled airspace.
Note: When conducting any filming operation requiring a waiver, the certificate holder shall ensure that all reasonable efforts are made to confine spectators to designated areas. If reasonable efforts have been taken and unauthorised persons or vehicles enter the airspace where manoeuvres are being performed during the filming production event, efforts must be made to remove them.
(b) The holder of the waiver shall provide a schedule of events that lists the—
(1) Identification of the aircraft; and
(2) Performers in the sequence of their appearance.
(c) Any manoeuvres added or time changes to the schedule of events shall be approved by the Authority.
(d) The waiver holder shall develop, have approved by the Authority, and adhere to a Motion Picture and Television Flight Operations Manual.
11.6.1.6 Contents of a Motion Picture and Television Flight Operations Manual
(a) Each Motion Picture and Television Flight Operations Manual shall contain at least the following:
(1) Company Organisation.
(i) Business name, address, and telephone number of applicant.
(ii) List of pilots to be used during the filming, including their pilot certificate numbers, grade, and class and date of medical.
(iii) List of aircraft by make and model.
(2) Distribution and Revision. Procedures for revising the manual to ensure that all manuals are kept current.
(3) Persons Authorised. Procedures to ensure that no persons, except those persons consenting to be involved and necessary for the filming production, are allowed within 500 feet of the filming production area.
(4) Area of Operations. The area that will be used during the term of the waiver.
(5) Plan of Activities. Procedures for the submission, within three days of scheduled filming, a written plan of activities to the Authority containing at least the following:
(i) Dates and times for all flights.
(ii) Name and phone number of person responsible for the filming production event.
(iii) Make and model of aircraft to be used and type of airworthiness certificate, including category
(iv) Name of pilots involved in the filming production event.
(v) A statement that permission has been obtained from property owners and/or local officials to conduct the filming production event.
(vi) Signature of waiver holder or a designated representative.
(vii) A general outline, or summary, of the production schedule, to include maps or diagrams of the specific filming location, if necessary.
(6) Permission to Operate. Requirements and procedures that the waiver holder will use to obtain permission from property owners and/or local officials (e.g., police, fire departments, etc.) as appropriate for the conduct of all filming operations when using the waiver.
(7) Security. Method of security that will be used to exclude all persons not directly involved with the operation from the location.
Note: This should also include the provision that will be used to stop activities when unauthorised persons, vehicles, or aircraft enter the operations area, or for any other reason, in the interest of safety.
(8) Briefing of Pilot/Production Personnel. Procedures to brief personnel of the risks involved, emergency procedures, and safeguards to be followed during the filming production event.
(9) Certification/Airworthiness. Procedures to ensure that required inspections will be conducted.
(10) Communications. Procedures to provide communications capability with all participants during the actual operation and filming.
Note: The applicant can use oral, visual, or radio communications as along as it keeps the participants continuously apprised of the current status of the operation.
(11) Accident Notification. Procedures for notification and reporting of accidents.
FAA Inspector Handbook 8700, Chapter 53
Lets see you laugh loud Travis after you get an FAA letter giving you the news about your new requiremenrt to have certification for your Helicam.
Not a matter if if but when. |
