By John Goglia

Forbes Contributor

The FAA wants drone operators to register so badly, apparently, that it may be waiving the usual requirement for truthful responses to questions on government forms. Sound bizarre? I thought so, too. But in the latest twist in the confusing saga of drone registration – I’ve written before on the FAA’s misleading information on the public availability of registrants’ names and home addresses and the incorrect guidance to law enforcement – the Academy of Model Aeronautics yesterday posted FAQs on its website regarding an issue of concern to many of its members: flying model aircraft or drones above 400 feet when the FAA’s drone registration process forces you to agree to fly below that altitude.

Although the FAA’s safety guidelines call for flying drones below 400 feet, some AMA members – and others – have routinely flown model aircraft at higher altitudes – some at significantly higher altitudes, with an impressive safety record over the years. AMA members flying above 400 feet are supposed to do so in accordance with the organization’s safety guidelines. Many AMA members hesitated to register because -among other reasons – they had to agree to fly below 400 feet in order to register.

The FAA’s registration process requires a registrant to check a box stating “I have read, understand and intend to follow the safety guidance’”, including flying below 400 feet. If you don’t check the box, you can’t register.

The AMA implied in response to the FAQ titled: “Am I permitted to fly above 400 feet? What if I had to check a box saying otherwise on the federal registration website“ that the FAA had sanctioned its members checking that they would fly below 400 feet – a condition of registration – when they had no intention of doing so. I asked the FAA if it agreed that ”AMA members who register can fly their model aircraft above 400 feet – even though the registration process requires them to check a box saying they intend to fly below 400 feet? Does this exception apply to non-AMA members, as well?”

An FAA spokesman responded: “The law requires all aircraft to be registered. The FAA considers modelers who operate in accordance with a community based set of safety guidelines and within the programming of a nationwide community-based organization to be in compliance with Section 336 of the FAA Modernization and Reform Act of 2012. We are continuing to look at ways to improve the registration process.”
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Since this answer didn’t directly address my question I tried again: “just to be clear – AMA members can check the box on the registration form indicating they intend to comply with the 400 foot guideline even if they don’t have any such intention? So long as they fly in accordance with AMA safety guidelines above 400 feet? I don’t want to misrepresent the FAA’s position.”

I am still waiting for a direct response. But it sounds to me as thought the AMA was correct in its FAQs – members can agree to fly below 400 feet for purposes of registration even if they intend to operate at higher altitudes. It seems that others could do so, as well, so long as they operate in accordance with a “community based set of safety guidelines and within the programming of a nationwide community-based organization.”

I have never heard of a government agency giving people permission to lie on their forms.  But I would personally think twice about doing so, especially because it is a federal crime.  As quick as the FAA got the registration process out, it can change the form so no one has to lie.

http://www.forbes.com/sites/johngoglia/2016/01/12/is-faa-saying-its-ok-for-ama-members-to-lie-on-drone-registration-form/#2715e4857a0b392972aa3724