A U.S. Court of Appeals ruling sided with drone hobbyist John Taylor, who argued that the Federal Aviation Administration doesn’t have jurisdiction over what the law classifies as model aircraft.
“Taylor does not think that the FAA had the statutory authority to issue the Registration Rule and require him to register,” Circuit Judge Brett Kavanaugh wrote in the statement. “Taylor is right.”
The court argued that the drone registration database violates 2012’s FAA Modernization and Reform Act, which states that the body, “may not promulgate any rule or regulation regarding a model aircraft.”
The three-judge panel said that safety was obviously important and making hobbyists register “may well help further that goal to some degree,” but it was up to Congress to repeal the ban on FAA rules for model aircraft.
The database was proposed in 2015 to addressing growing drone ownership in the U.S., which has brought with it a number of privacy and safety concerns in the government. The FAA will likely appeal the decision – or take another approach toward setting up a similar system.
The FAA issued the following statement in response to the judgement:
“We are carefully reviewing the U.S. Court of Appeals decision as it relates to drone registrations. The FAA put registration and operational regulations in place to ensure that drones are operated in a way that is safe and does not pose security and privacy threats. We are in the process of considering our options and response to the decision.”
The Association for Unmanned Vehicle Systems International is similarly disappointed in the ruling. CEO, Brian Wynne issued this statement:
AUVSI is disappointed with the decision today by the U.S. Court of Appeals to reject the FAA’s rule for registering recreational unmanned aircraft systems (UAS). A UAS registration system is important to promote accountability and responsibility by users of the national airspace, and helps create a culture of safety that deters careless and reckless behavior. We plan to work with Congress on a legislative solution that will ensure continued accountability across the entire aviation community, both manned and unmanned.
Drone sales have been growing at an impressive rate in the U.S. According to NPD, they effectively doubled between February 2016 and 2017 in the States. Within the first year of the rule, 550,000 drones were registered, an act that carries a $5 fee and potential criminal charges for non-compliance.
The ruling is being considered a victory for hobbyists themselves, who have balked at the manner of limitations these sorts of regulations would impose. But some drone makers, like DJI, which is expected to unveil something big (or small, rather) next week, is actually on the FAA’s side on this one.
“The FAA’s innovative approach to drone registration was very reasonable, and registration provides for accountability and education to drone pilots,” the company’s VP of Policy & Legal Affairs Brendan Schulman said in a statement.“I expect the legal issue that impedes this program will be addressed by cooperative work between the industry and policymakers.”
The Ruling can be downloaded here.
Sources: TechCrunch; ABC News
Wilh respect to DJI, the FAA database was akin to the “camel’s nose under the tent” regarding model aviation’s regulations.
Can someone please explain to me how registering with FAA for $5.00 or even for free makes anyone safer playing with model aircraft (drone). And why my model airplane is called a drone? At least AMA provided insurance along with the membership and membership number could be used as a registration number. What do you get with the FAA registration? Head ache, law suit, judicial punishment by FAA and so on after you lose your model (like a loss of control or flyaway). This is another way of the government getting their paws into your private life.
In the old days; you joined a club, AMA, and you go flying under controlled environment of the club. Now; you pay $5.00 and you take your drone and do whatever and whenever you want? How does that make you safer? As for the AUVSI; “The rich boys club” like Boeing, Northrop Grumman, IAI, AAI, and so on… they can play licensing their drones with FAA if they want. Just please leave the modelers alone. After all if not for the modelers, there would not be any drones to speak of. More news at 11:00.