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Drone Pilot Wins Case Against FAA
schwit1 writes "In a David vs. Goliath battle that pitted the Federal Aviation Administration against the operator of a small model airplane, a federal administrative judge has sided with the aircraft's pilot. The judge has dismissed a proposed $10,000 fine against businessman Raphael Pirker, who used a remotely operated 56-inch foam glider to take aerial video for an advertisement for the University of Virginia Medical Center"
1. Guy flies radio-controlled model plane. 2. ? 3. Guy is in court.
What happened a step 2?
From TFA: ...Pirker operated the aircraft within about 50 feet of numerous individuals, about 20 feet of a crowded street, and within approximately 100 feet of an active heliport at UVA, the FAA alleged. One person had to take "evasive measures" to avoid being struck by the aircraft, the agency said...
My guess is one of the "numerous individuals" whined to the Police/F.A.A.
Karma: Bad
Not really. A model plane is not a regular aircraft, but it is an "unmanned aircraft system", and he was using it commercially i.e. to shoot an advertisement video. Sounds to me that the FAA is right to assert that this falls under their regulation.
However the article implies that there is more to the case: "As a general matter, the decision finds that the FAA's 2007 policy statement banning the commercial use of model aircraft is not enforceable". In other words, the judge didn't say that the rule was not broken, but that the rule itself is poorly drafted.
If construction was anything like programming, an incorrectly fitted lock would bring down the entire building...
From the TFA:
The judge has dismissed a proposed $10,000 fine against businessman Raphael Pirker, who used a remotely operated 56-inch foam glider to take aerial video for an advertisement for the University of Virginia Medical Center".
It doesn't take a rocket scientist to put two and two together. Videos shot from air need a platform to shoot them from.
It's an FAA matter because the FAA regulates the National Airspace System in which this RC aircraft was flying. No one else regulates airspace in the United States, not cities, not states, airspace is a federal matter and many cases have settled this (for example when cities try to enact their own overflight rules, the FAA slaps them down, and has been doing for a long time). It doesn't matter what you're flying, you are still subject to 14CFR if you fly something. It doesn't matter how small or light it is.
The FAA doesn't regulate cars, RC or otherwise so the RC car example is not relevant.
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