No more $5 FAA fee, John Taylor wins his case.

Should you be in America and come across this man you should probably buy him a beer. He fought the FAA and won. Their mucking about with 336 was not viewed well by the courts,

https://www.suasnews.com/2017/05/john-taylor-defeats-faa-registrati...

We discussed the Taylor case and other advocacy subjects in our weekly hangout a couple of weeks ago,

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Comment by Gary McCray on Friday

Hi Gary,

I first saw this on my Solo Group page.
I don't doubt the FAA will appeal it, but legally I think this conclusion was correct and they are really going to have to convince Congress who told them not to mess with model airplanes in the first place to change their position before they can reinstitute it.
It is a problematic requirement in any case, because the vast majority of current and even future "drones" are really over one half pound toys and the vast majority of those are not and never will be registered no matter how the FAA jumps up and down.

All that does is open the door for extremely prejudicial selective enforcement.

(A person who doesn't like the neighbor turns in the neighbors kid for flying an unregistered drone even though it is over the neighbors property),

The vast majority  of these quadcopters represent no threat to anybody and completely muddle the system with an unenforceable mess.

The commercial 107 regs seem more reasonable and appropriate.

The concept of registration seems OK, but only if they can find a realistic way to differentiate between mass produced toys and more seriously capable "drones" - which would be a tiny fraction.

In fact, quadcopters are evolving to highly capable sub half pound vehicles even now.

They are in some ways trying to catch the wind.

Best,

Gary

Comment by Patrick Duffy on Friday

This is great news. Big Gov slapped down in favor of the little guy.  (BTW, I never registered)

Comment by Scott W on Friday

Same here.. Never registered my toys.  I've been flying RC since the 80's and don't see how this is any different.  Other than it's much safer!  Those old RC planes in the 80s and 90's were always on the edge of control.  My drone flys itself!
I support registering drones for commercial use.. Businesses need to be accountable.  But what I do in my yard and surrounding woods is no business of the FAA. 

Comment by JB on Saturday

Just proves that policy is not always lawful, despite the posturing and assumed authority by the departments. It's up to the people to stand up for their rights in order to enjoy the freedom and responsibility of self governance. Well done John!

Comment by John Bond on Saturday

"The three-judge panel said that safety was obviously important and making hobbyists register "may well help further that goal to some degree ..."

So registering - and paying $5 makes things safer? That's a child-like idea.  What the FAA was essentially doing is saying that if you can pay $5 your idea of what is safe is valid. For $5 YOU can decide.  No test, no guidelines.
They abandoned any risk analysis.

What did their pay $5 and get a "license" policy do?  Here's one example.  A nice vertical shot showing the University of Washington's apple blossoms.

https://www.dpreview.com/photography/2310541936/bird-s-eye-view-pho...

The guy who took it researched the FAA's requirements and determined that as long as he paid his $5 it was perfectly fine to take a shot like this.  So what if he had a problem with his drone.  So what if just 10% of the people in the shot also decided to launch a drone at about the same time and get a similar shots.  The FAA said if you pay $5 everything is good.

Another example.  Here's a video of a guy doing a MAIDEN of his 2.5+ kg drone.  Count the number of vehicles in the background.  It's > 50 and they are within 100 feet of the drone.

https://www.youtube.com/watch?v=Q_qwvFfQO6c

Now neither of these examples are really that dangerous, but are they a good idea?  Flying directly over dozens of
people?  Flying within a 100 feet of dozens of vehicles on a MAIDEN flight?  These are things that the FAA's policy
actually promotes - IF you can pay $5.

If flying small drones were a real safety hazard we would have had dozens of deaths and millions of dollars in property damage over the last year. Or the previous year.  Or the year before that.  It hasn't happened.  It has never happened.  

Now for manned craft it happens every year.  Either the FAA is too stupid to understand the size differences involved or there is some corruption going on here.  Either way with the FAA incompetence rules!  And that is the one sure thing we can expect to see from them going forward.

Comment by Tiaan Roux on Saturday


Developer
Comment by John Arne Birkeland on Saturday

Best news in a long time, and it does not even apply to me since I live in another country.

That $5 registration 'rule' essentially functioned like some badly designed filter where the experienced users ignored it because it made no sense, and the stupid dangerous users also ignored it because they just did not care. A prime example of legislation made purely for political reasons with no practical application or effect.

Rules of this kind are flawed by design. The only thing that help in the long run are educating users and going after the bad offenders, using already existing laws such as right to privacy, stalking and reckless endangerment etc.

Comment by Rob_Lefebvre on Saturday

I don't know. I don't think they know how good they had it.

Canadians wish we could pay just $5 to have the government leave us alone.

We don't have registration, but we are now required to have our name, address and phone number written on all our drones.  And 95% of the population can't fly anymore.

Comment by Gary McCray on Saturday

For sure Rob, It will probably stimulate another round of rule / law making and it could go either way.

The biggest problem was that it really addressed the toy market inappropriately, muddling it completely with the more serious users and you really can't regulate the toy market save making them illegal altogether.

And given the ease of Chinese imports everywhere including cheap direct from China you would be totally ineffective at making it illegal in any case.

It is probably going to take decades before a really workable system finally comes out of all this,

Really we are evolutionarily still in the walk ten paces ahead of your car while swinging the lantern you are carrying back and forth phase.

Sort of like your Focus.

Best,

Gary

Comment by JB on Sunday

I suppose there's a Aussie perspective that is missing here. :-)

The supposed intention of the rule was to make "flying things" safer. Paying $5 and registering people does nothing towards that IMHO, even if it might be preferred to a outright ban.

Broadly, in my view there are three groups of users that need to be dealt with: 

1) Malicious users that intentionally want to do something "evil", to endanger others and/or themselves, and act with impunity to the danger of their actions for whatever reason.

2) Ignorant users that don't know how or where to operate vehicles in a safe manner

3) Typical users that are willing to learn how, and intentionally operate and use the vehicles safely as best they can (but sometimes don't)

For 1) there's nothing even an outright ban could stop. If someone wants to do damage using a UAV they will find a way to do it. That cat has been out of the bag for years now in regards to autopilot flight control, BLOS capability, targeting accuracy etc etc. It can't be put back in the bag anymore. The only way to decrease the risk is with active defence mechanisms for likely targets, and hefty fines to deter thrill seekers. No fly zones is a start, but typically not enough of a hurdle for a determined individual.

For 2) This is a education and common sense issue. (Which in some cases can't be fixed - but remember these people drive cars too!) A test could help here, but doesn't ensure that everyone who flies a registered aircraft also has passed or taken the test. Community groups and clubs should be sponsored to take over the role of education and good "sports" etiquette. Rules in sports are normal, they should become so in UAV sports as well. For example: racing cars are not subject to speed limits on private roads but are on public roads - baseball bats can be lethal if not used "correctly" etc etc -  every user needs to accept the rules for where and what they operate. Society depends on it to function.

For 3) This group probably accounts for ~90% of the population of users and they should not be unduly burdened with compliance issues. For this the Australian example is good. Limit the size of the vehicles to around 2kg and they become mostly (99%) non-lethal, anything larger requires registration and a competence test (which covers point 2 and even some of point 1 above as well). This effectively limits the risk, by reducing the numbers of platforms that are available and bigger than 2kg, as the manufacturing industry focuses on producing solutions that are possible under 2kg instead, which is the largest market to supply and make money from. Sub 2kg will cover 99% of users anyway and the larger sizes can be left to the enthusiasts and professionals. 

In the case of property owners with enough land to fly, a 25kg size limit applies, but they have to operate it on their own property. (Leased or bought) That makes the land owner directly responsible, which they are anyway, for what whatever happens, and allows him to use it for work on farms etc. that nearly always have low potential for casualties because of the low population density in those areas. 

Here a simple to understand rule flyer:https://www.casa.gov.au/files/rpabrochurerecreationaldl150dpipdf

And the Aussie CASA site: https://www.casa.gov.au/aircraft/landing-page/flying-drones-australia

BTW sub-2kg is also free to operate commercially for payment as well.

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