49 U.S.C. § 44809 — Exception for limited recreational operations of unmanned aircraft

(a) In general. Except as provided in subsection (e), a person may fly a small unmanned aircraft^* for recreation without specific certification or operating authority from the Federal Aviation Administration if all of these limits are followed: (1) The flight is strictly recreational. (2) The aircraft is operated under, or within the programming of, a community-based organization’s safety guidelines developed with the FAA. (3) The operator or a visual observer who is with and directly communicating with the operator keeps the aircraft in visual line of sight. (4) The aircraft does not interfere with manned aircraft and gives way to them. (5) In Class B, C, or D airspace, or within the lateral boundaries of the surface area of airport-designated Class E airspace, the operator gets advance authorization from the Administrator or the Administrator’s designee and follows all airspace restrictions and prohibitions. (6) In Class G airspace, unless the Administrator sets another ceiling or subsection (c) authorizes otherwise, the aircraft flies from the surface to no more than 400 feet above ground level and follows all restrictions and prohibitions under this subtitle, including special-use-airspace designations and temporary flight restrictions. (7) The operator passes the aeronautical knowledge and safety test in subsection (g) and keeps proof of passage available for the Administrator or law enforcement on request. (8) The aircraft is registered and marked under chapter 441 of this title, and proof of registration is available to the Administrator, the Administrator’s designee, or law enforcement on request. (b) Other operations. An unmanned-aircraft operation that does not meet subsection (a)’s limits must follow all statutes and regulations generally applying to unmanned aircraft^* and unmanned aircraft systems. (c) Operations at fixed sites. (1) In general. The Administrator must create a process for approving fixed sites and publicly sharing their locations. A person may conduct recreational unmanned-aircraft-system operations from an approved site. (2) Operating procedures. (A) Controlled airspace. A person operating from a fixed site in Class B, C, or D airspace, or in the surface area of airport-designated Class E airspace, or a community-based organization sponsoring those operations, must tell the Administrator where the site is and establish an operating procedure agreed on with the air-traffic-control facility. (B) Altitude. With community-based organizations sponsoring fixed-site operations, the Administrator must create a process for approving requests to exceed the maximum altitude in an FAA-published UAS Facility Map. (C) Uncontrolled airspace. Subject to all applicable restrictions and prohibitions, including special-use airspace and temporary flight restrictions, a person operating from a designated fixed site may use Class G airspace up to 400 feet above ground level without advance authorization, and above 400 feet only with advance authorization from the Administrator. (3) Aircraft weighing 55 pounds or more. A person may operate an unmanned aircraft weighing at least 55 pounds, including attached or carried items, if the aircraft meets standards and limits developed by a community-based organization and approved by the Administrator, and is operated from a fixed site under paragraph (1). (4) FAA-recognized identification areas. When carrying out subpart C of part 89 of title 14, Code of Federal Regulations, the Administrator must give priority to reviewing and deciding requests to establish FAA Recognized Identification Areas at fixed sites established under this section. (d) Savings clause. This subsection does not expand the Administrator’s authority to require a person operating under this section to obtain the Administrator’s permission before operating in the national airspace system, beyond what this section requires. (e) Statutory construction. This section does not limit the Administrator’s authority to bring an enforcement action against a person operating any unmanned aircraft who endangers the safety of the national airspace system. (f) Exceptions. This section does not prevent the Administrator from issuing rules generally applying to unmanned aircraft, including aircraft eligible for this section’s exception, about (1) the operating limits in subsection (a); (2) aircraft registration and marking; (3) standards for remotely identifying system and aircraft owners and operators; and (4) other standards consistent with national-airspace safety and security. (g) Aeronautical knowledge and safety test. (1) The Administrator, consulting manufacturers, community-based organizations, and other industry stakeholders, must develop, maintain, and update as needed an aeronautical knowledge and safety test. The Administrator or a designated person must give it electronically. (2) The Administrator must ensure the test adequately shows the operator’s (A) understanding of aeronautical safety knowledge; and (B) knowledge of FAA rules and requirements for operating an unmanned aircraft system^* in the national airspace system. (h) Community-based organization defined. This section uses “community-based organization” to mean a membership-based association that (1) the FAA Administrator recognizes; (2) is described in section 501(c)(3) of the Internal Revenue Code of 1986; (3) is tax-exempt under section 501(a) of that Code; (4) demonstrably works to advance model aviation; (5) provides comprehensive safety guidelines for model aviation, including aircraft assembly and operation, emphasizing safe operations in the national airspace system and protection of people and property on the ground, and may provide comprehensive safety rules and programming for unmanned aircraft with advanced flight capabilities for active, sustained, controlled flight beyond the operator’s visual line of sight; (6) provides programming and support to local charter organizations, affiliates, or clubs; and (7) helps develop and operate locally designated model-aircraft flying sites. (i) Recognition of community-based organizations. Working with aeromodelling stakeholders, the Administrator must publish an advisory circular within 180 days after this section’s enactment identifying the criteria and process for recognizing community-based organizations.