Model aircraft have to be flown within visual line of sight (FAA Modernization and Reform Act of 2012, Section 336), which restricts the height.
Commercial use is already FAA territory and you have to be registered (Section 333 Exemption).
/Edit: Section 336, not 366.
But then if you look at this page[1] on the FAAs web site, it says only that operators are "strongly encouraged" to follow certain restrictions like line-of-sight operation. It doesn't say they have to.
Mind you, I follow all those rules myself when flying rc planes, and prefer that other in the hobby also do. I think they're good rules. I'm just playing with interpretation.
So if you exceed visual line of sight it becomes a normal aircraft, just like every other plane. And they all have to be registered.
However, I'm not certain that's the case.
I am.
> That would hold if we assume all things which fly (aside from animals, obviously) are under the jurisdiction of the FAA by default.
There's plenty of statute and precedent making it blindingly clear that this is the case.
If used recreationally, they're R/C flying models, no matter how much the DJI marketing dept likes the term. So will the the hobby that has been fine for decades be hit too?
Will you have to register a Cheerson CX-Stars that weighs 8g?
What about the congressional Special Rule for Model Aircraft? "Technically it's not the FAA so we can regulate everything!" or what?
They're also not that hard to build yourself and the components are shared with other things (e.g. motors are shared with R/C cars and the first popular flight controller was an Arduino with the sensors from a Wii Motion Plus or Nunchuk) so you can't ban the part sales.