Very interesting. I didn't realize the AMA thinks their members are exempt from the 5mi airport rule and 400ft AGL rule, based on the previous 336 legislation from 2012. I heard Marke "HOOT" Gibson from the FAA speak recently at an AMA Expo show in California, these beliefs were never mentioned by the hosting AMA speaker. Seems like a clear conflict of two laws, or guidelines. I see a showdown coming.
A showdown is very likely. Considering the AMA management draws paychecks from the operation of model aircraft I can't for the life of me figure why they think they are not a commercial operation. Toss in AMA advertisers using sponsored flyers to promote product lines and the conflict expands. As for the 400' altitude limit, that limit is only a regulated limit for those flying commercially. Under the hobby side of things it's still an advisory. The rules establishing "careless and reckless operation" ( FAR 91.13) are now applicable to all model aircraft though and in that we have a "catch all" the FAA has been using for generations to charge people with. Careless and reckless has never been well defined by either the FAA or NTSB.
The 5 miles of an airport rule is a bit tricky and needs much better definition. As the FAR's now stand, someone flying a full scale within 5 miles of an uncontrolled, non towered airport is advised to make radio contact before entering the area. They are not required to make radio contact. They technically don't even need to communicate if they intend to take off or land from that airport. So why would aero modelers be required to have permission to operate or have to contact the airport operator before operating? Heliports are a whole new ball game because they may at best be a part time operations site and not listed as a flight facility. Private airports are another area that requires better definition because they are not afforded any kind of protected airspace status yet the FAA lists them in B4UFly as locations requiring facility notification before flying model aircraft. Full scale does not have to contact them at all.
Realistically, the AMA is trying to have their cake and eat it too. What they are interested in most is finding a way that assures their continued existence and where possible to use the federal regulatory process to force people to join their organization, or at least cause people to think they need to join. The AMA membership surged shortly before the model aircraft registration rule became law, and the membership fee was increased considerably at the same time. Coincidence? Not hardly.
