It’s official. Model airplanes are aircraft, according to the National Transportation Safety Board, which on November 18 reversed the March 6 ruling of NTSB judge Patrick Geraghty. In that ruling, which came about because the FAA assessed a $10,000 civil penalty on the commercial use of a model aircraft by Raphael Pirker, Geraghty said the FAA had no basis for asserting FAR Part 91 authority over Pirker’s operation and that only advisory guidance applies to model aircraft. The FAA said that Pirker flew his aircraft, a Ritewing Zephyr weighing less than five pounds, “in a careless or reckless manner” in violation of FAR 91.13(a).

The FAA “has not issued an enforceable FAR regulatory rule governing model aircraft operation; (and) has historically exempted model aircraft from the statutory FAR definitions of ‘aircraft’ by relegating model aircraft operations to voluntary compliance with the guidance expressed in AC 91-57,” the ruling stated.

In a bit of levity in that ruling, Geraghty pointed out “To accept [the FAA’s] interpretive argument would lead to a conclusion that those definitions include as an aircraft all types of devices/contrivances intended for, or used for, flight in the air. The extension of that conclusion would then result in the risible argument that a flight in the air of, e.g., a paper aircraft, or a toy balsa wood glider, could subject the ‘operator’ to the regulatory provisions of FAA Part 91, Section 91.13(a).”

The NTSB’s November 18 reversal of Geraghty’s ruling refuted that argument: “…the definitions on their face do not exclude even a ‘model aircraft’ from the meaning of ‘aircraft.’ Furthermore, the definitions draw no distinction between whether a device is manned or unmanned. An aircraft is ‘any’ ‘device’ that is ‘used for flight.’ We acknowledge the definitions are as broad as they are clear, but they are clear nonetheless.”

The FAA, which had appealed the March 6 ruling because it didn’t agree with Geraghty’s conclusions, issued a statement on November 18: “The Federal Aviation Administration has a responsibility to protect the safety of the American people in the air and on the ground. The National Transportation Safety Board affirmed the agency's position that unmanned aircraft systems (UAS) meet the legal definition of ‘aircraft,’ and that the agency may take enforcement action against anyone who operates a UAS or model aircraft in a careless or reckless manner.”

So, the legal system says that the FAA has the power to regulate the operation of model aircraft. What does that mean?

Basically, if you fly a model aircraft in a careless and reckless manner–that’s where FAR 91.13(a) comes in–then don’t be surprised if the FAA decides to do something about it. The chances of garnering FAA attention are extremely slim if you’re careful enough to fly your radio control airplane or quadcopter well away from public places, especially airports and airborne aircraft. And truly, FAA inspectors do not have time to go after everyone who is operating a model aircraft in a reckless manner.

But be warned: the government has taken the broad position that “an aircraft is any device that is used for flight,” and that puts a burden on any model aircraft operator to fly responsibly. The best way to do so, by the way, is to join the Academy of Model Aeronautics and abide by its sensible safety code. Membership even includes some liability insurance coverage, not to mention tons of educational and social opportunities, so it’s a great deal.