The 2018 FAA Reauthorization Act maintains a distinction between recreational and commercial activities, but the FAA is no longer constrained by law not to impose rules on the former: Section 336, which had previously carved out an exception for model aircraft, has been entirely repealed. In its place is a new Section 349, which covers what the FAA expects of recreational flyers.
The title of Section 349 betrays a very different attitude compared with the earlier Section 336. It reads: “Exception for Limited Recreational Operations of Unmanned Aircraft.” No more calling them model aircraft: Small models—including things sold as toys, even paper airplanes—are referred to as “Unmanned Aircraft.”
That seems a little ridiculous to me. In my view, the FAA is committing what philosophers sometimes call the fallacy of the beard: A paper airplane is clearly not something the FAA should worry about, whereas a large octocopter with whirring blades carrying a heavy camera is. But where do you draw the line? The FAA refuses to set a threshold under which it bows out, insisting that everything not carrying people and capable of flight is an “unmanned aircraft” requiring the agency’s oversight and regulation.
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