Ben,
You may be pissed at the AMA for 'butting' in, but remember they are the organization that regulates our model flying operations, IN COORDINATION with the FAA. So my advice to you is, go ahead and fly where ever you want to, just don't cause any problems, and if you do, don't come crying here, you ask for it.


  Jerry

At 07:15 PM 8/27/2004, Ben Diss wrote:
Doug- Read the TFR carefully. Name one location where flying model airplanes are now prohibited, that we normally fly. We NEVER fly a model in the Class 'B'.

I'm not pissed at the FAA and I'm only moderately pissed at the TSA. What really gets me is how AMA is so willing to give up our rights.

-Ben

Doug McLaren wrote:

On Fri, Aug 27, 2004 at 09:39:16PM -0400, Ben Diss wrote:
| FAA has not and does not regulate model airplanes.
| | The FAA defines aircraft as "a device that is used or intended to be | used for flight in the air". According to your logic I cannot throw a | ball in the park and certainly a frisbee is out of the question.
| | Think about it.
I see your argument, but it's a bit idealistic. If you do fly where
the FAA has said you may not fly, on the assumption that the FAA has
no authority to say where you can and cannot fly, you're likely to
lose, period. Even if you ultimately prevail in the courts, you'll
still lose. It's not right, but it's the way things are.
In any event,
http://www.modelaircraft.org/mag/0804/president.htm
gives a reasonably convincing argument that suggests that the FAA
*does* think it can regulate model aircraft. Not that it's up to the
AMA, but also this link --
http://www.faa.gov/Newsroom/highlights/rnc_fa2.htm
*does* explcitly mention that model airplanes are not permitted.
I don't like the idea of the FAA saying we can't fly somewhere any
more than anybody else, but be realistic -- even if the FAA really
doesn't have the needed authority (a matter for the courts to decide),
they think they do, and the FBI/Secret Service/Local Law
Enforcement/etc will think they do, and they'll probably overreact
nicely upon finding you flying.
Perhaps it would be worked out in the courts, later (if they even care
enough to worry about what the actual law says -- and the AMA would
probably distance themselves from you as well), but either way, I can
pretty much guarantee that our hobby would lose.

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