Mapps Reservations/Clarifications: Distracted Flying Legislation
MAPPS RESERVATIONS/CLARIFICATIONS: ‘DISTRACTED FLYING’ LEGISLATION
Our members regularly use computer devices in general aviation aerial survey activities. Laptops or other computers on board a survey aircraft are for the specific purpose of precisely navigating the intended course and collecting geospatial data vital to Federal, state and local agencies for numerous projects related to transportation, environmental, homeland security, and many other just as important public policy applications. These computer devices are an integral part of the mission, as opposed to being a distraction. Current wording refers to "commercial aircraft", but aerial survey aircraft can be considered to be operating commercially (for compensation or hire).
We urge that the bill make it clear that it does not apply to such activities. We suggest that the wording include "FAA Part 121 (Scheduled Airlines)" and "FAA Part 135 (Commuter & On-demand aircraft)" to clearly define what is meant by commercial aircraft. This clarification would prevent any misunderstanding or misinterpretation by FAA as to the difference between commercial and general aviation aerial survey activities.
HR 658
SEC. 314. PROHIBITION ON PERSONAL USE OF ELECTRONIC DEVICES ON FLIGHT DECK.
(a) In General- Chapter 447 (as amended by this Act) is further amended by adding at the end the following:
`Sec. 44733. Use of electronic devices on flight deck
`(a) In General- It is unlawful for a flight crewmember of an aircraft used to provide air transportation under part 121 of title 14, Code of Federal Regulations, to use a personal wireless communications device or laptop computer while at the flight crewmember's duty station on the flight deck of such an aircraft while the aircraft is being operated.
`(b) Exceptions- Subsection (a) shall not apply to the use of a personal wireless communications device or laptop computer for a purpose directly related to operation of the aircraft, or for emergency, safety-related, or employment-related communications, in accordance with procedures established by the air carrier and the Administrator of the Federal Aviation Administration.
`(c) Enforcement- In addition to the penalties provided under section 46301 applicable to any violation of this section, the Administrator of the Federal Aviation Administration may enforce compliance with this section under section 44709 by amending, modifying, suspending, or revoking a certificate under this chapter.
`(d) Personal Wireless Communications Device Defined- In this section, the term `personal wireless communications device' means a device through which personal wireless services (as defined in section 332(c)(7)(C)(i) of the Communications Act of 1934 (47 U.S.C. 332(c)(7)(C)(i))) are transmitted.'.
(b) Penalty- Section 44711(a) is amended--
(1) by striking `or' after the semicolon in paragraph (8);
(2) by striking `title.' in paragraph (9) and inserting `title; or'; and
(3) by adding at the end the following:
`(10) violate section 44733 or any regulation issued thereunder.'.
(c) Conforming Amendment- The analysis for chapter 447 (as amended by this Act) is further amended by adding at the end the following:
`44733. Prohibition on personal use of electronic devices on flight deck.'.
(d) Regulations- Not later than 90 days after the date of enactment of this Act, the Administrator of the Federal Aviation Administration shall initiate a rulemaking procedure for regulations to carry out section 44733 of title 49, United States Code, and shall issue a final rule thereunder not later than 2 years after the date of enactment of this Act.
(e) Study-
(1) IN GENERAL- The Administrator of the Federal Aviation Administration shall review relevant air carrier data and carry out a study--
(A) to identify common sources of distraction for the flight crewmembers on the flight deck of a commercial aircraft; and
(B) to determine the safety impacts of such distractions.
(2) REPORT- Not later than one year after the date of enactment of this Act, the Administrator shall submit to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Transportation and Infrastructure of the House of Representatives a report that contains--
(A) the findings of the study conducted under paragraph (1); and
(B) recommendations regarding how to reduce distractions for flight crewmembers on the flight deck of a commercial aircraft.
John “JB” Byrd, MAPPS Government Affairs Manager
1856 Old Reston Avenue, Suite 205
Reston, VA 20190
P: 703-787-6996
C: 703-201-9585