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The FAA Has Missed Its Congressionally Mandated Deadline To Regulate Drones

derekmead writes: When Congress passed the FAA Modernization Act in 2012, it gave the agency until September 30, 2015 to fully regulate commercial drones for use in the United States. Well, it's October 1, and we're left with a patchwork of regulatory band-aids, quasi-legal "guidelines," and a small drone rule that still hasn't gone into effect yet. This news shouldn't surprise anyone. The agency has missed most every milestone—both internal and lawmaker mandated—that has been set for it. The last two years have been fraught with lawsuits, confusion on enforcement within its own local offices (some FAA agents have told pilots they can't post videos on YouTube, for example), and various conflicting guidelines as to who can fly a drone where, and for what purposes.

18 of 184 comments (clear)

  1. Congressionally mandated penalty by phantomfive · · Score: 5, Insightful

    If there is no congressionally mandated penalty, it's not really a law.

    --
    "First they came for the slanderers and i said nothing."
    1. Re:Congressionally mandated penalty by davester666 · · Score: 2

      ..and some entity actually willing and able to enforce the penalty...

      --
      Sleep your way to a whiter smile...date a dentist!
    2. Re:Congressionally mandated penalty by Dutch+Gun · · Score: 5, Funny

      Tie some of their funding to the completion of their legal mandates, and they will become fearsome regulation-writing warriors. You just have to understand Bureaushido - the Way of the Bureaucrat.

      --
      Irony: Agile development has too much intertia to be abandoned now.
    3. Re:Congressionally mandated penalty by CaptQuark · · Score: 2

      I wonder if we can do that for ALL of congress and the government. Don't do the job you are mandated? You don't get paid.

      I wonder if they will remember that in December when they threaten to shut down the gov't again because they can't agree on a debt ceiling resolution.

      --

    4. Re:Congressionally mandated penalty by Kryptonian+Jor-El · · Score: 2

      FAA is one of those organizations that really needs to be funded 100% all the time

      --
      All your 09 F9 11 02 9D 74 E3 5B D8 41 56 C5 63 56 88 C0 are belong to us
    5. Re:Congressionally mandated penalty by drkim · · Score: 2

      The Founders would look at you like a madman if you went back in time, showed them a drone...

      More likely, they would have you burned as a witch.

    6. Re:Congressionally mandated penalty by dave420 · · Score: 2

      And they'd think you just as mad to treat the constitution as some sort of divine document that can never be updated. If the FAA regulating the national airspace is of vital importance to the functioning of the country, add it to the constitution. Simple. Problem solved.

    7. Re:Congressionally mandated penalty by Coren22 · · Score: 2

      I think you might be confusing patents with copyright. Patents aren't eternal in the same way that the copyright on Steamboat Willy is eternal.

      --
      APK likes to ask for responses to the same things over and over. Maybe he just likes the responses?
  2. Why should the FAA allow drones without COAs? by Anonymous Coward · · Score: 2, Insightful

    The majority of drone operators are not pilots. They're not trained in see-and-avoid procedures. Many are very ignorant of FAA rules. That is why many drones are flown for commercial purposes, above 400 feet (the limit for recreational use), and close to airports. They're not trained on what to do if a mechanical part fails on a drone and it has to be landed in an emergency. There are good reasons why there are prohibitions on flying drones close to people and structures, yet these are frequently neglected. This doesn't even address the people who will act out of malice toward other aircraft, which is the same thing that prompts people to shine green laser pointers at planes. I understand the benefits of drones, but they shouldn't be flown without a COA, which is special authorization from the FAA. The terms of the COA should require the drone operator be a licensed pilot. I don't see any other way to protect the national airspace because the current approach allows for reckless ignorance of safety rules that will lead to serious accidents if not corrected.

    1. Re:Why should the FAA allow drones without COAs? by TWX · · Score: 4, Insightful

      I think that we're going to need a definition here... What exactly is a COA?

      There are already classes of manned aircraft that do not require the operator to have a pilot's license to operate. There are rules and the operators are required to follow those rules, but without a licensing requirement I expect that enforcement could be challenging sometimes.

      If it's any consolation I agree that RC aircraft need reasonable restrictions. Operators need to not fly over property that they have not sought and received explicit permission to fly over. Operators need to not fly in heavily populated areas. Classes of RC aircraft need to be created so that there are sane rules governing relatively safe child toys as compared to larger amateur rigs and even bigger and more powerful professional rigs.

      --
      Do not look into laser with remaining eye.
    2. Re:Why should the FAA allow drones without COAs? by CaptQuark · · Score: 2

      Get a grip. We are talking about toy quadcopters, not military-grade autonomous vehicles. A certificate of airworthiness for a six-inch quadcopter? A license to fly an RC toy? I'm sure you're also an advocate for licenses for kite "pilots" too.

      Yeah, I can imagine your next argument too. "I mean the six-foot hexapod copters carrying three cameras and FPV downlinks." Your problem there is using the nebulous and incorrect term DRONE to lump everything together. If you have a problem with six-foot professionally manufactured multi-rotor vehicles, THEN SAY SO!!! Don't lump everything from a smartphone controlled toy from Fry's together with a heavy-lift multi-rotor carrying a Sony HD, gimbal mounted camera package.

      Most people are familiar enough with cars that they don't get their knickers in a twist about regulating every wheeled vehicle the same way. We don't worry about Tesla cars driving on off-road trails and we don't allow quad utility vehicles on the freeways. To call every multi-rotor air vehicle a Drone is like calling every wheeled vehicle a Horseless carriage. And seeking licenses for every version of multi-rotor vehicles is like requiring a license for roller skates.

      If you really want to discuss COA and licenses, then be specific about what class of air vehicles you are talking about. I don't have a problem with licenses and COA for six-foot, eighty pound camera platforms that will be flying over property and people. I understand that if they crash into a crowd then there is a real potential for injury. But a 12-inch, two pound toy with a pin-hole camera making videos for Facebook and YouTube worries me about as much as a badly thrown Frisbee.

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    3. Re:Why should the FAA allow drones without COAs? by NoKaOi · · Score: 2

      should require the drone operator be a licensed pilot

      I hope you don't mean the same type of pilot's license required for manned non-ultralight aircraft. I think there should, however be a separate license for drone pilots. There needs to be a set of rules and procedures, with a license test that requires you to demonstrate you know them via a written test, similar concept to a HAM technical class license . It doesn't have to be a huge barrier to entry, just make sure you know the rules. If you fly a drone without a license or you break the rules then you get a fine. The problem is that the FAA would take at least 15 years to come up with such a thing and the rules would be an arcane mishmash of 15 years worth of bureaucrats adding to them.

    4. Re:Why should the FAA allow drones without COAs? by drinkypoo · · Score: 2

      Nobody should be able to fly an airplane over my property without my written permission!

      Why the hell not?

      Because my notions of privacy and safety are more important than legitimate uses of the airspace! Just like everyone seems to think about drones. Welcome to the wide world of sarcasm.

      --
      "You're right," Fisheye says. "I should have set it on 'whip' or 'chop.'"
  3. Re:Don't fly over people or private property. by 0123456 · · Score: 2

    At least not without their expressed consent. That should be rule number one.

    Why?

    A one-ounce drone crashing into you will hurt a heck of a lot less than a cricket ball. Probably less than a football or tennis ball.

    The only thing such nonsensical 'rules' will do is ensure the drone industry takes off in sane countries, while American companies are left behind.

  4. Re:Don't panic over people or private property. by Morgon · · Score: 2

    No we aren't. We're talking about keeping the government out of over-regulating something that only needs minimal intervention. The FAA is not "giving" anything by failing to act except a little more freedom. I can assure you that you are not special enough for anyone to want to "violate your rights".

    --
    [DISCLAIMER: This post is a work of satire and should not be misconstrued as a holy text upon which to base a religion.]
  5. Re:Don't fly over people or private property. by Morgon · · Score: 2

    "From heaven to hell" is not a thing in modern law. Please do more reading.
    I have no interest in 'violating your rights' or 'invade your privacy'. It's your insistence that simply flying a quadcopter is inherently out to get you that we're arguing against.

    --
    [DISCLAIMER: This post is a work of satire and should not be misconstrued as a holy text upon which to base a religion.]
  6. Re:Don't fly over people or private property. by Morgon · · Score: 2

    ...what the hell are you going on about? Flying in public airspace is not equivalent to a bathroom inside my house. How you got from one to the other is absolutely baffling to me.

    --
    [DISCLAIMER: This post is a work of satire and should not be misconstrued as a holy text upon which to base a religion.]
  7. Re:Don't fly over people or private property. by CaptQuark · · Score: 3, Informative

    Uh, what? That's kind of ridiculous - that's like 20 times the average liability for car insurance. Far more damage is done by a car than a 4-lb quad, and far more frequently.

    Actually, it isn't that far off the mark. Any RC hobbyist that joins the AMA does have an impressive insurance coverage.

    Member Insurance Benefit

    $2.5 Million Liability Umbrella
    $25,000 Medical Coverage
    $1,000 Fire and Theft Coverage