Notice: US Government Restricts Model Flying
Posted on August 26, 2009 by aaronredbaron
If you live within 30 nautical miles of Martha’s Vineyard, Massachusetts, the federal government has issued a TFR (Temporary Flight Restriction) which is in effect from August 23, 2009, until August 30, 2009. The dates of the restrictions may be changed at any time without notice. In effect, the government has banned all forms of model aviation during this time period within the vicinity of Martha’s Vineyard. The TFR is intended to protect the President of the United States during his vacation, and the use of TFRs are not entirely uncommon. At the Democratic National Convention in Denver last year, a similar TFR was issued for the hours surrounding the convention. The problem, as I see it, is the federal government is issuing these NOTAM’s on a last minute basis, without any obligation to inform the hobby community. Sure, they send an email to the AMA, and the AMA informs local clubs. However, not all hobbyists fly at local clubs, yet anyone who flies a model within the restricted airspace is breaking federal law and noncompliance with the published NOTAM may result in the use of force.
If I were a full scale pilot, I would be forced to file a flight plan, and the NOTAM would come to my attention. As a hobbyist, I fly my models anywhere and anytime I deem safe. Lets say for the moment that I lived within the 30 nautical miles of Martha’s Vineyard, for the sake of this argument. It would be very likely I would step outside to fly a parkflyer or small helicopter in my front yard any time the weather permits. The simple fact that the government can change policy on a whim and I would be considered in violation of the law is a frightening prospect. These NOTAM’s are only issued at the last minute to prevent the information they contain from being used for nefarious purposes, which is understandable. Despite that, the widespread implications that stem from the wholesale restriction of all model aviation operations could be staggering. First of all, let it be said that the government’s fears of a model aircraft performing illicit duties are not completely unfounded. To issue a blanket policy like this without informing the public is unfair, and unreasonable. Model aviation has become more common place and more accessible. A child has a variety of functional radio controlled toy airplanes to choose from for under $100 from any toy store, which a few years ago was simply unheard of. Is a child in violation of this NOTAM if he flies a piece of foam which doesn’t weigh more than a few ounces and has less than 100 feet of range? What about a free flight model? Could I be detained for flying a paper airplane?
The threat to use force if these policies are not followed begs to another question. What does the use of force mean in this regard? Would a police officer have the authority to shoot down a model, or perhaps even shoot at the pilot? Imagine this scenario; an RC pilot is flying a model in a park. He has not heard about any NOTAM, and is not aware of the President’s visit. This RC pilot regularly flies at the park without issue, and is always careful to never fly around people. During this week-long TFR, this pilot decides to go flying, having no clue about the restrictions in place. What would happen if the pilot is approached by an officer of the law while flying? Lets assume an officer approaches him while the model is in flight. While its not practical to look away from your model and carrying on a conversation can be difficult while flying, the officer is likely to be unaware of the pilot’s focus. While the best case scenario would involve the pilot landing the model and having a rational conversation, I can also see how it could go very differently depending how the agent involved approaches the pilot. If the pilot is unaware of the NOTAM, and the officer does not approach the pilot with the understanding that this person has his mind elsewhere because of the focus our hobby requires, it could get ugly. What’s to prevent an agent from tackling, tazzing, or even shooting a pilot on sight? Its entirely possible the pilot would not even be able to communicate and comprehend the nature of the restrictions until after the flight is completed. If the officer is not understanding of this, what’s to prevent him from taking what he feels are the necessary actions to stop that restricted aviation activity?
The Government has the ability to impart these restrictions, that much has to be accepted. What concerns me deeply, is the Government only releases these NOTAMs on their website, and informs the General Aviation community. Informing the AMA is great, its a start, but if the government is going to issue a policy which could affect even small children, they need to inform the general public. As it stands, the burden of knowing whether these NOTAMs are in effect in your area lays squarely on your shoulders. It might be prudent to check the FAA website before heading out to the field on any given day, you never know when the President might decide to stop by your neck of the woods for a visit.
