The FAA has issued a policy statement regarding the Remote ID rule (14 CFR Part 89). Remote ID will still go into effect on September 16, 2023, but the FAA states that until March 16, 2024, they will “consider all circumstances, in particular, unanticipated issues with the available supply and excessive cost of remote identification broadcast modules and unanticipated delay in the FAA’s approval of FAA-recognized identification areas.” They go on to say that “FAA will exercise its discretion in determining how to handle any apparent noncompliance, including exercising discretion to not take enforcement action, if appropriate.” The law is still going to be in effect, but the FAA is going use “discretion” in enforcing it. I’m not a lawyer, but I think the legal term for this kind of language is squishy, and it doesn’t rule out the FAA citing someone for a Remote ID violation if they feel like it’s warranted. What might warrant an enforcement action? Maybe if the FAA determines that someone had the means to comply but chose not to. I’m also a little concerned that an insurance company could conceivably use the fact that the law is on the books, even if it isn’t being enforced, as an excuse to deny a claim, IE “Claimant was in violation of federal law at the time of the incident.” So be careful out there.

FHRCC FRIA Approved

The good news is that our FRIA application for Hillbilly Field in Winfield has been approved. This means that as long as you’re in compliance with all the rest of 49 USC § 44809 governing recreational operation of unmanned aircraft, flying at Hillbilly Field will remain legal and you’ll be in full compliance with the Remote ID law when you fly there. Many thanks to member Mike Spencer for his work on this project.

Note: The FAA claims that they publish the locations of approved FRIAs on their UAS Data Delivery Service (UDDS) website, but as of this writing they don’t, so don’t worry if you check there and don’t see us on the map.