Question 12 was fairly interesting:
12 There is a major problem that is being
overlooked – Section 349 of HR 302 has not
been codified into CFR Title 14. How can
you create a knowledge test based on FAA
Regulations when those regulations don’t
currently exist?!?
FAA Answer:
The exception for limited recreational
operations of unmanned aircraft is a
statutory provision codified under 49 U.S.C.
44809. It delineates the statutory
requirements to operate without specific
certification or operating authority from the
FAA. The statutory requirements are binding
regardless of whether the provisions are
codified under Title 14 of the Code of Regulations
The statute requires recreational flyers to pass an aeronautical knowledge and safety test, as described in 49 U.S.C. 44809(g), to adequately demonstrate the recreational flyer’s understanding of aeronautical safety knowledge and knowledge of FAA regulations and requirements pertaining to the operation of an unmanned aircraft system in the national airspace system
FAACO.FAA.GOV
faaco.faa.gov
Seems they are saying it does not need codification since it is already law. It provides an exemption from the FARs governing sUAS as long as the 8 conditions are met.
Part 107 people will still need to pass the test if they want to fly recreationally.
The law is worded in such a way there is no exception to the testing requirement. Sort of like an ATP with 25,000 hours as PIC of a 747 still has to take the Part 107 RPIC quiz of sorts.
The only advantage for 107 pilots that I can see would be recreationally pilots do not need a waiver to fly at night like 107 pilots.
12 There is a major problem that is being
overlooked – Section 349 of HR 302 has not
been codified into CFR Title 14. How can
you create a knowledge test based on FAA
Regulations when those regulations don’t
currently exist?!?
FAA Answer:
The exception for limited recreational
operations of unmanned aircraft is a
statutory provision codified under 49 U.S.C.
44809. It delineates the statutory
requirements to operate without specific
certification or operating authority from the
FAA. The statutory requirements are binding
regardless of whether the provisions are
codified under Title 14 of the Code of Regulations
The statute requires recreational flyers to pass an aeronautical knowledge and safety test, as described in 49 U.S.C. 44809(g), to adequately demonstrate the recreational flyer’s understanding of aeronautical safety knowledge and knowledge of FAA regulations and requirements pertaining to the operation of an unmanned aircraft system in the national airspace system
FAACO.FAA.GOV
faaco.faa.gov
Seems they are saying it does not need codification since it is already law. It provides an exemption from the FARs governing sUAS as long as the 8 conditions are met.
Part 107 people will still need to pass the test if they want to fly recreationally.
The law is worded in such a way there is no exception to the testing requirement. Sort of like an ATP with 25,000 hours as PIC of a 747 still has to take the Part 107 RPIC quiz of sorts.
The only advantage for 107 pilots that I can see would be recreationally pilots do not need a waiver to fly at night like 107 pilots.