FAA Can Make All Drone Flights Illegal, Federal Court Rules.

Link:

Drone Flights Illegal.

Excerpt from above article:

Some very bad news for drone pilots this morning: An appeals board has ruled that the Federal Aviation Administration has wide latitude to make all drone flights illegal in the United States.

​The decision, by the National Transportation Safety Board, determined that the FAA's existing "aircraft" regulations can apply to model aircraft, drones, and remote controlled aircraft, which is perhaps the most restrictive possible outcome for drone pilots in a legal saga that has dragged on for more than a year.

Views: 5207

Comment by Jonathan Hair on November 18, 2014 at 10:42am
Yikes. This is getting out of control.
Comment by hotelzululima on November 18, 2014 at 10:44am

time to find a new country to live and work in... if you are in the UAS industry..

   hzl


Moderator
Comment by Gary Mortimer on November 18, 2014 at 10:49am

The FAA responds http://www.suasnews.com/2014/11/32771/faa-statement-on-ntsb-decisio... I don't think people realise how far down the line the process is.

Comment by technicus acityone on November 18, 2014 at 11:18am

Shit happend

Comment by Joe LaMantia on November 18, 2014 at 12:26pm
When I was a kid and I used to watch Schoolhouse Rock on TV it taught me how laws were made. And laws Are not made by some government agency saying this is going to be a law. It requires a bill to go through Congress before becomes a law until then it's just a rule that is only applicable to people currently hold FAa certifications. so keep this up FAA go ahead make me a criminal and see how you like me then.

Joe LaMantia
Comment by hal on November 18, 2014 at 12:32pm

It says "can"  not "did".  It also mentions "careless and reckless" not a complete ban on drones.  So they FAA "can" fine, penalize, regulate etc.  It seems to me they other than a few cease and desist orders, and the case against pirker which brought about this ruling, the faa has not actually gone after people with the exception of asking to stop a certain flight profile or operator behavior.  Also the FAA does not need to make rules with congress.  Congress granted the faa power to make laws.  They just need to properly promulgate the rule/law they intend to enforce.  Far from doom and gloom.  People need to learn how to work with a regulatory agency instead of being a thorn in the donkeys rear.  Being like the latter is going to do nothing to preserve the hobby or gain small uav commercial activities rules any time soon.

Comment by Nikola Rabchevsky on November 18, 2014 at 12:51pm

When it comes to federal agency rule-making, Franz Kafka would likely say, "Jeez, I was only writing a fictional story."

Comment by Jared O. on November 18, 2014 at 1:00pm

Great quote:

"With this decision, the NTSB has declared model aircraft, paper airplanes and even children's toys to be 'aircraft,' subject to the same regulations as 747s"

Comment by Martin on November 18, 2014 at 1:03pm

I think a bunch of you guys should go get a wack of printer paper. Fold it into planes and write drone on the sides. Load into a large plastic bag and dump off the highest spots in the city's you can get to. Since a paper plane is now an aircraft and have some fun.

Comment by Benjamin Pelletier on November 18, 2014 at 1:09pm

Guys (Joe and jg), no, that's not how it works.  The Constitution gives Congress the authority to make laws.  Two of these laws are the Federal Aviation Act of 1958 and the FAA Reauthorization Act of 2012.  These laws give the FAA the authority to create regulations which are listed in the Code of Federal Regulations (CFR), a subset of which is called the Federal Aviation Regulations (FAR).  The creation, publishing, and other FAA conduct regarding these regulations has some limitations (they can't just declare something to be a regulation).  Among the duly-created regulations is 14 CFR 91.13 which says that no person may operate an aircraft in a careless or reckless manner.  The FAA says Pirker was violating this regulation.  Previously, the court ruled that he couldn't have been because model aircraft are not the "aircraft" that this regulation was referring to (otherwise, things like Frisbees would be subject to much of the FAR as well).  This ruling says that model aircraft are "aircraft" that this regulation was referring to.  So no new laws or regulations have been made; the only thing that has changed is that now we "understand" that Congress meant for the regulations regarding "aircraft" that the FAA created to apply to paper airplanes.

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