Congress is posed to pass a five-year Federal Aviation Authority (FAA)

Federal Aviation Authority (FAA) Reauthorization Act of 2018 which represents substantive changes to how drones could be operated within the United States on both amateur and professional levels.

The drone industry's biggest argument with the FAA Reauthorization the removal of 226 also known as the Special Rule for Model Aircraft. Implemented in the FAA Reauthorization of 2012, Section 336 has prevented rules or regulations from being applied to model airplanes or aircraft weighing 55 pounds or less.

While amateur flying is still a niche interest, the advent of drones has increased its popularity dramatically. In 2017, Section 336 was cited to overturn an FAA decision that would have required drone flyers to register their UAVs. The drone industry, eager for the type of regulation which would prove their industry's safety to customers both personal and industrial, was disappointed with how Section 336 was used.

“The FAA’s innovative approach to drone registration was very reasonable, and registration provides for accountability and education to drone pilots,” DJI’s Vice President of Policy & Legal Affairs, Brendan Schulman, told Recode last year. The Shenzhen-based DJI makes up approximately three-fourth of the world's drone market. “I expect the legal issue that impedes this program will be addressed by cooperative work between the industry and policymakers.”

Among other things, the new bill requires operators of unmanned aircraft to have "passed an aeronautical knowledge and safety test" and maintain "an altitude of less than 400 feet above ground level." There are also regulations on speed—not greater than 40 knots— maintaining a visual line of sight, and operating between sunrise and sunset.

Now, Schulman says in a press statement that “DJI is pleased that the FAA Reauthorization Act of 2018 protects the rights of recreational drone pilots to fly safely and explore innovation in the skies, and welcomes the new electronic knowledge test requirement. DJI agrees that drone pilots should understand the rules for safe flight, and implemented its own mandatory knowledge test of FAA rules into its drone products a year ago. We look forward to working with the FAA on an official test that is user-friendly and focused on important safety principles.”

The knowledge test is a big sticking point for proponents. In a statement, Representative Peter DeFazio, a Democrat from Oregon who handled much of the drone language, cited drone user who "have impeded wildfire suppression, including in my district this summer, and have put lives in danger through collisions or near-collisions with manned aircraft.” Such a test would, supporters say, decrease these chances, and closer regulation would make it easier to pin down violations.

Not everyone is looking forward to the opportunity of new regulations. The Academy of Model Aeronautics strongly opposes the removal of Section 336. While calling the regulation of U.S airspace a "difficult task," AMA interim Executive Director Chad Budreau says in an emailed statement that "it shouldn’t come at the expense of our community that has introduced no new risk into the airspace, yet will be saddled with new restrictions."

Arguing for a more a nuanced approach, those opposed to a complete removal of Section 336 point towards possible effects on young people. There are two ways for a young person to fly a model aircraft in the United States—under an FAA regulation known as Part 107, which mandates being older than 16. The other is 336, where the lack of regulation makes it easier for teenagers and children 15 and younger to fly for educational purposes.

Budreau argues that "the bill will have a chilling effect on youth involvement in the hobby and stifle the benefits of employing model aviation in STEM education, ultimately hindering the efforts to attract youth into the aviation industry."

Drone sales have been rapidly rising as the technology becomes more prevalent. A study from the Consumer Technology Association estimated that 3.7 million personal drones are expected to be sold in 2018, a 20 percent increase over the previous years. They've already reshaped industries like ranching and firefighting, sometimes for better and sometimes for worse.

Amid national crises concerning the Supreme Court, the FAA Reauthorization is likely not to get much attention as it moves through Congress. Passed by the House on September 26, the bill is expected to be passed by the Senate before the current authorization expires on September 30.

Source: Bloomberg

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David Grossman

David Grossman is a staff writer for PopularMechanics.com. He's previously written for The Verge, Rolling Stone, The New Republic and several other publications. He's based out of Brooklyn.