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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.
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@Craig, this decision did not even address whether or not the flight was reckless (that question was remanded to the lower court), and that is not the important question here. The important question is whether the FARs apply to model aircraft. If someone rode a bicycle recklessly through the campus and caused people to have to jump out of the way, it would still be reckless but it could not be prosecuted under FAR 91.13 because the bicycle is not an aircraft. The outcome of this decision is that model aircraft are "aircraft" under the FARs, and thus the prosecution can proceed. The terrible meaning of this conclusion is that the FARs apply to model aircraft. So, if the FAA wanted to, it could go to any AMA-sanctioned field in America and cite all the pilots there for violating 91.203 (no airworthiness certificate). According to this decision, they would have no defense because they were indeed flying an aircraft (because this decision finds that model aircraft are "aircraft") without an airworthiness certificate.
It is going to be an interesting next year.
This Christmas, tens or hundreds of thousands of "toy" quadcopters, many with cameras are going to teens and pre teens.
And many thousands more of Phantoms and other mid range ones are going to adults and young people who have no idea at all what they are doing so they can take pictures and try out this new hobby.
My prediction for 2015.
In the US at least, a genuine debacle, with the Media and Politicians fomenting as much dissent as possible while the hobbyists, would be commercial drone pilots, and the general public suffer from stupid and counter-productive edicts and actions by the FAA.
As the curse goes - "May you live in interesting times."
Meanwhile the rest of the world gets on with commercial drone flying .......
The CFR says:
§ 91.13 Careless or reckless operation.
You can't take the sky from me.
@jg, no, wrong. Let's say the FAA comes up to you at the field and cites you for violating 91.203 (your aircraft doesn't have an airworthiness certificate). Prior to this decision, your defense would be "obviously the regulations for manned aircraft don't apply to model aircraft". But because this decision ruled that model aircraft are "aircraft" under the definition of the FARs, your model is now subject to all aircraft regulations including 91.203 and 91.119. In fact, this decision made no ruling and does not apply to the "careless and reckless" question -- this question was remanded back to the lower court. This decision ONLY establishes that model aircraft are indeed "aircraft" subject to the FARs, of which 91.13 which Pirker is alleged to have violated, is one. This is the opposite opinion from the one found by the lower court in March.
@Chim Xotox spot on. The US is in an innovation crisis and now, more than ever, is the time to keep innovating. Fly on indeed. Gone flying. Cheers!
I welcome the introduction of each of these guidelines and clarifications. Current manned aircraft regulation and certification seems obvious correct? Seems like now it just removes allot of unnecessary ambiguity. This should help sort the professionals from the mass of entry to the market.
Having pre-set and approved flying areas helps, I would suggest other search out the same....
Model Rockets will be a thing of the past.
Sometimes the parachute does not deploy,
and the Lawyers will be ready if a foamy hits you on the head.
@Joe LaMantia, obviously your kid's show glossed over the part that special interest lobbying, payoffs, graft, and corruption play in law-making!
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