Well it's begun and this case will have an impact on all of you in the USA in one way or another. For those that did not hear about it Trappy is facing a $10,000 dollar fine.
The Complaint alleges that on or about October 17, 2011, Mr. Pirker (a Swiss citizen residing overseas) was the “pilot in command” of a “Ritewing Zephyr powered glider aircraft” in Charlottesville, Virginia. Compl. It next asserts that “[t]he aircraft referenced above is an Unmanned Aircraft System (UAS).” As a matter of undisputed public record, a Ritewing Zephyr is in fact a popular type of radio-control model airplane made of a kind of styrofoam and weighs approximately four and a half pounds once equipped with batteries, radio, motor, and other components.
The Administrator alleges that Mr. Pirker’s Zephyr was equipped with a camera, that Mr. Pirker operated the model for the purpose of supplying aerial video and photographs of the University ofVirginia campus to an advertising agency, and that he was compensated by that firm for the video and photographs. 4-6. The Complaint notes that Mr. Pirker does not hold an FAA pilot’s certificate.
The balance of the Complaint sets out a list of allegedly dangerous characteristics of Mr.Pirker’s operation of his model airplane on October 17, 2011. It alleges that he “operated the abovedescribed aircraft at extremely low altitudes over vehicles, buildings, people, streets, and structures.” More specifically, it alleges, inter alia, that he operated the model airplane “through a UVA tunnel containing moving vehicles,” “below tree top level over a tree lined walkway,” “within approximately 15 feet of a UVA statue,” “within approximately 50 feet of railway tracks,” “within approximately 25 feet of
numerous UVA buildings,” and “directly towards a two story UVA building below rooftop level and made an abrupt climb in order to avoid hitting the building.”
Patrick Egan of sUAS News was given access to documents today and he wrote:-
Without a doubt, there is a lot riding on this issue for both the community and FAA. As we have seen in the past, people start to line up on those different sides of those issues with independent views on how the law works, what image the community should portray. Whatever the eventual outcome, we should at the very least have a better understanding and some clarification on how the process is supposed to work, and discern where exactly the U.S. RPAS community stands.
More at http://www.suasnews.com/2013/10/25375/trappys-defence-moves-to-dismiss/
Trappy, along with Chris Anderson is a speaker next week at the Drones and Aerial Robotics Conference
Comments
@ Shawn,
No problem. I see this site and forum as a great way to get a view from many sides, we all have plenty to give to the community in terms of skill, knowledge experience and viewpoints.
I also think that defense submission will stand as a great reference of the USA UAV /FAA current position for a long time.
@Andrew rabbit.. The defense document shows many failures and inconsistences by the FAA, I don't think that Trappy will need a hat, However if the FAA complaint is upheld then I will be happy to contribute.
Wow! This is an exciting development for the RPAS/UAS community in the US!
After skimming through the Kramer-Levin brief, I wish Raphael Pirker and his legal team every success in their motion.
I'd suggest from the perspective of clarifying RPAS operation in the US and, in effect, world-wide, this project needs to be supported by Droneophiles around the world. Is anyone passing around the hat for Mr Pirker?
@Darrel Burkey @aeroproject
Having searched the defence document again I can't find a single use of the word 'drone' so my thought seem to be irrelevant to this thread.
@ Shawn
I started building camera planes with RC in 1970, why should a new pilot with a few years experience take business away from me! I think I have more than enough skills, flight certification and experience in 3 countries to fly RC or UAV's in a safe way.
The average full size pilot has little or no experience at low level flight to do this in a safe way, AND if something does go wrong I think I prefer to have my house hit by a 2kg foam plane than a full size Cessna 172.
just for the record I have a pilots licence as well. so I understand the problems.
Yea, apparently most the previous posters here did not read the defense. It makes much of what's written above look.... ummm not as informed as it sounds.
All of the full size air plane / helicopter pilots that make money from photos and videos they take from the air have to follow all the regulations or face penalties or license suspension.
I question if it's fair to allow any Joe Blow who doesn't have the experience but has an rc aircraft and a camera to do the same thing that they're doing and make money without having to follow the same regulations. Thus taking business from the full size pilots.
I work at a grain elevator. We handle and buy/sell grain. Just because you have a grain bin doesn't mean you can just start buying and selling grain on the grain market without going through the proper established channels.
I do not want any regulations aimed at my hobby and I think we should be able to profit from it if its possible just to be clear.
I may be way off on this analogy. Just a thought I wanted to get some other perspectives on. Its lonely here in North Dakota.
Exactly! Well, sort of. The government can bestow upon the FAA the ability to make rules, which will carry the force of law. But at the same time, the government has established rules about the process of making those rules, and the FAA has no followed the procedure. Therefore, the rules it has set out DO NOT carry the force of law.
I have to admit, if I were to retire anywhere, it would be there ;) 3 hours form almost any point in VA, with rolling hills and mountain views on one side and forests on the other :) Also provides some interesting challenges unique conditions for flying. One of the air traffic lanes for the airport runs right over my house, I need to contact the tower for extra safety just to launch model rockets, much less my planes! I wonder if the FAA will mention the landing pattern that runs right over top that part of UVA....... I'm interested to see if they will even add that to the consideration.
@Austin, yes, retire already! lol. I think it's relative. Compared to the rest of the US, VA is loaded with retired govt/mil. Charlottesville, being only 2 hours from DC, definitely has it's share.
Starting outside of Reston and heading SW, you'll see quite a few. It would be interesting to see actual demographics on it. There are tons around here, definitely outside of Norfolk area.
It is ridiculously beautiful in there(in Charlottesville) :). I always thought it sortof looked a little like the Alps, esp in the spring. It's not what I would call a cheap place to live. The whole area literally looks like a country club!
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