The FAA’s proposed rule on remote identification will kill almost all drone flying. Take Action Now

The purpose of the rule is admirable. It attempts to enable the FAA and pilots of manned aircraft to know the identification, location, altitude and other information such as speed and direction of flight of unmanned aircraft systems within the national airspace system. Such information is routinely transmitted by manned aircraft, not only in the United States but across the globe and is vital to air traffic safety.

With few exceptions all manned aircraft have transponders

Those transponders are set by the pilot to broadcast a unique aircraft ID number, as well as location, altitude, speed direction and a host of other data. Those radio signals are received and create an image on the radar screens of FAA controllers enabling them to guide an aircraft toward their destination airport and to avoid hazards such as other aircraft and geographic features. By requiring remote identification of unmanned aircraft systems such as drones, the rule would enable the FAA to guide manned aircraft to steer clear of potentially fatal hazards created by drones operating in the same airspace as the manned aircraft.

The word drone will not appear in the proposed rule

It is the common term for what the FAA calls UAS’s or Unmanned Aircraft Systems which the FAA considers to be any unmanned flying object which is remotely controlled by a remote controller and the UAS comprises both the aircraft and the controller. Therefore, it applies not only to quadcopters but also to all radio-controlled planes and helicopters such as those flown by hobbyists.

The rule also applies to both commercial and hobbyist aircraft that are flying anywhere in the national airspace, with exemptions for those weighing less than one half pound. The national airspace is not limited to public federal or state property, but covers private land also. The proposed rule is necessary for commercial entities such as Amazon to begin the use of drones to deliver goods by use of unmanned aircraft and is undoubtedly supported by such commercial enterprises. But it will have a prohibitory effect on most current drone operators as well as hobbyists who have been safely flying radio-controlled planes and helicopters for decades.

A few rotten apples are spoiling the barrel for the rest of us

Despite the claims of a small but vocal number of deniers from the drone community, it is clear that some sort of action must be taken to ensure the safety of commercial, military and other manned aircraft. Routinely, some reckless drone operators fly their aircraft in a manner that endangers manned aircraft. A purposeful disruption of air travel at Britain’s Gatwick airport was probably the most prominent example. But there have been countless other instances across the globe. A video shot by a drone operator off the Florida coast showed a manned helicopter, flying a perfectly legal flight path, fly below and within dangerous proximity to the drone which could easily have resulted in a midair collision.

Despite the relatively low weight of drones, such a collision could easily produce multiple fatalities. One need only consider the damage that would be done by a drone getting sucked into to the blades of a jet engine in a commercial airliner either as it was taking off or landing, times at which the aircraft is particularly vulnerable to loss of an engine.

While there is a clear a need for such a rule, the FAA has taken an unnecessarily broad approach to the problem.

While there is a clear a need for such a rule, the FAA has taken an unnecessarily broad approach to the problem. The proposed rule speaks of two different kinds of remote identification, both standard remote identification and limited remote identification. The rule requires the operators of unmanned aircraft systems to use one or the other forms of remote identification. The first would require a transponder similar to that used by manned aircraft however, it prohibits the use of standards transponders on drones.

The second type, a limited remote identification system, is clearly within the realm of current technology that many of us already use. The second type allows the transmission of transponder type information to the FAA through the internet. The position and altitude information would be transmitted by the drone to the remote controller as it currently is for almost all drones. The remote controller would have to have internet access which can be obtained through connection to the wireless cellular telephone system through an Apple iPhone or iPad or similar device.

Many of us routinely connect our controllers to the internet through cellular systems. But there is a limitation under the FAA proposal that renders that option of little use to drone pilots. The proposed rule requires that the drone be no more than 400 feet from the remote controller to qualify as a limited remote identification option. Imagine a dome over the pilot 400 feet high and having a 400 foot radius. Geometry establishes that at an altitude of 100 feet, the drone could only be about 380 feet horizontally from the operator; at an altitude of 200 feet, the drone could only be about 350 feet horizontally from the operator; at an altitude of 300 feet, the drone could only be about 160 feet horizontally from the operator; and at an altitude of 400 feet, the drone would have to remain stationary over the operator. To illustrate, and please forgive the crudely drawn illustration:

While those limitations may not be a problem for some drone operators, to many others, it would prohibit their normal use of a drone for photography, for recreation, for commercial and agricultural mapping and commercial inspections, among many other uses.

While those limitations may not be a problem for some drone operators, to many others, it would prohibit their normal use of a drone for photography, for recreation, for commercial and agricultural mapping and commercial inspections, among many other uses.

There is one circumstance in which the rule would allow drones to fly without remote identification at all, and that it if the flight is at an flying field approved by a community based organization such as the Academy of Model Aviation (AMA). But this causes a different problem for hobby and commercial drone operators.

Most of the photography we do or commercial use of drones are not anywhere near an AMA approved flying field. That exception is of little or no value to most of us in the drone community. It will allow for the use of remote-controlled airplanes and helicopters are approved flying fields and so will not affect traditional radio-controlled modelers who are currently flying at AMA approved fields.

But all is not completely lost . . . yet

The FAA posted the proposed rule on December 31, 2019 and by law there is a required period of 60 days for public comment from the date of publication. Sufficient public sentiment can actually cause the FAA to modify the proposed rule. NOW is the time to make our collective voices heard in opposition to the specifics of the proposed rule. Many drone operators are members of the Academy of Model Aeronautics (AMA) which will undoubtedly be lobbying for a change in the proposed rule and the drone community should join that effort.

As a practical matter, the FAA is not going to be swayed by comments which are simply against a change in the current rules by adding remote identification requirements. There is, as noted, a great need for some form of position reporting, but we can swim with, not against, the tide and support the concept while challenging the specifics of the proposed implementation.

My suggestion would be to write and ask the distance limitation of 400 feet from the remote controller be removed for limited remote identification reporting or at the least to expand the allowable distance well beyond 400 feet to the currently allowable line-of-sight distance limitation. That would give drone operators sufficient leeway to continue using their drones as they have. I would also suggest that our comments provide support to the traditional RC community.

While the AMA has not yet taken a position on the proposed rule, it would seem to support everyone’s purpose to simply remove the requirement for standard or limited remote identification for aircraft flown at established AMA-sanctioned RC flying fields and such fields could be shown on FAA’s aeronautical charts to inform pilots of manned aircraft that they must avoid flying too low when near those RC-flying fields.

Take action now! Contact the FAA via the process the below to give your views on remote identification

The FAA will accept public comment by several means, but perhaps the easiest is:

ADDRESSES: Send comments identified by docket number FAA-2019-1100 using any of the following methods:

Federal eRulemaking Portal: Go to http://www.regulations.gov and follow the online instructions for sending your comments electronically

You must include the docket number (FAA-2019-1100 ) with the comment.

Act now or risk losing your passion

About the author – Jack Cutrone

Drone Photography Bible would like to thank Jack Cutrone for submitting this guest article. He is an attorney and talented photographer based in America who uses a drone for his drone photography.

You can find some of his work included in this article but his full gallery can be found on his Instagram account. Please visit his page, view his work and follow him.

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