Did the FAA Actually Kill Hobbyist Drone Flying?

For decades, hobbyist groups have been building and flying RC aircraft.  The most prominent of hobbyist groups, the AMA, was founded in 1936 and has since developed a strong culture of safety and professionalism.  Prior to the Ready To Fly (RTF) revolution spearheaded by companies like DJI, prospective pilots spent considerable time, energy, and money learning how to build and then fly aircraft with little (if any) autopilot capabilities.  This extra effort created a barrier to entry that helped ensure only those serious about the hobby would be flying.  

However, with flying a drone as simple as a trip to Best Buy and a few hundred dollars, the National Airspace has been flooded with millions of easy to fly drones.  With only ~130,000 Part 107 Certificates issued, it’s safe to say that an overwhelming majority of those flying are doing so under Section 336, also known as the Special Rule for Model Aircraft.  Because previous law restricted the FAA’s ability to govern the use of model aircraft, hobbyists had an exemption from the requirements of Part 107.  This allowed traditional RC enthusiasts and hobbyist drone pilots to fly as long as they were flying under the programming of a Community Based Organization (of which the aforementioned AMA is the most well known.)

So, while the FAA believed that most would follow AMA rules and fly within AMA fields, there was one problem.  The law did not outline, credential, or define a CBO, leaving a huge gap in the law.  Now, anyone could claim ‘Section 336’ and operate with impunity with (in many cases) less restriction than those who bothered to get a Part 107 certification.

For example, while Part 107 pilots must first get approval (via LAANC or a WAA) to operate in controlled airspace, hobbyists simply had to notify any airport within 5 miles of their operating area.  Some also used the Section 336 ‘Shield’ to justify flying at night without a waiver or exceeding the generally accepted 400ft. AGL limit on drone flights.

Almost daily, reports came in of drone operators flying across extended centerline or dangerously near tourist helicopters.  While some of these might have been legitimate commercial operators, it is a safe bet that they were not.  (It should also be noted that these bad actors were probably not traditional RC enthusiasts either.)  Still, if the unmanned industry was to be saved from the onslaught of reckless operators and the ensuing public safety panic, something had to be done to reign in the ‘Best Buy’ hobbyists.