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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.
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Well, the next time your aircraft crashes, call the FAA and order a full investigation from the NTSB. I think 10 or 12 NTSB / Agents visiting each crash site should be sufficient.
And this is not the end of the story. The NTSB ruled as Benjamin states, and then remanded the case back to the administrative law judge so that he/she can rule, on the basis of evidence presented at trial, whether Pirker was being "careless and reckless" per FAR 91.13. But that too is not likely to be the end of the story: regardless of the law judge's ruling on the 91.13, Pirker can appeal decision of the NTSB in the Federal Courts, so that they can rule on the question of whether Pirker's quad is an aircraft within the meaning of the regulation...the court can reverse or uphold the NTSB decision.
Regardless of the outcome of this case, it is clear that we who build and fly these vehicles MUST adhere to safety standards and practices as contained in the model aircraft advisory circular. One actual collision between an airplane and one of our vehicles might be sufficient to trigger Congress into writing new law, and if this happens, they aren't likely to be gentle or very forgiving. In the absence of regulations, we must police ourselves to avoid conflict with other air traffic. If we don't, we'll pay a very painful price for what is now essentially free access to admittedly very limited airspace.
first the congress is not the only body that can make laws in this country, its always been that all THREE branches (president, congress and court system.) can make laws.
to all of you that feel regulation will stop the growth of the industry you have no understanding of history or reality really.
@Craig, ok, you can try to get an experimental certificate for your quad. In the unlikely event you are successful, 91.319 will still apply -- that is, you can't use it for commercial purposes.
@daleshort, that is brilliant.
@ Ryan Watkins: Just 3D print one of these: http://makezine.com/2014/11/13/tinkerer-builds-gun-that-folds-and-f...
Attache to plane / quad.
Launch invasion.
We are about to see the biggest usurp of unconstitutional power by the POTUS by executive fiat without Congress, and people think any of his bureaucratic cronies are going to care about laws limiting their power?
Regulations and Acts are not law. This idea that congress, the body granted the ability to create law, by the constitution, has given authority to another body of un elected persons, I bet is unconstitutional. Not many people care about that. Similar to congress giving the federal reserve the ability to determine the value of money. That was a job specifically given to congress, and it got outsourced to bankers.
This is america, an un elected group of people over rule a sitting judge.
Why have a judge an not a NTSB court?
(though flying a quadcopter at all is still illegal because 91.203)
> Existing FARs say aircraft flying under 500' is illegal.
Yeah, under FAR 91.119 and this decision, flying a paper airplane close to people under 500' is illegal, but flying a quadcopter in that same location is legal (because of the helicopter exemption in 91.119d1).
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