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FAA Drone Rules May Already Be Outlawed By Congress (hackaday.com)

szczys writes: New FAA rules about drone registration and operation are now in effect. So far the talk has centered around registering your aircraft, and about the weight restriction. But all of this may be moot since the US Congress made a law in 2012 prohibiting these types of rules: "The Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft." Even if the rules hold up under this law, it is not all doom and gloom for drones. The FAA rules could have been much more stringent, and in general they do make sense. Brian Benchoff walks through the regulation, comparing the new rules to the FAA's existing pilot rules, and juxtaposing the threat drones make to full-size aircraft in flight with those risks associated with bird strikes.

24 of 226 comments (clear)

  1. Waiting... by Seng · · Score: 5, Insightful

    Waiting for the FAA to ban birds from flying around helos and airplanes...

    1. Re:Waiting... by JWSmythe · · Score: 4, Funny

      Traditionally, the first post is suppose to be utter nonsense. I suspect what you wrote will be a future regulation.

      --
      Serious? Seriousness is well above my pay grade.
    2. Re:Waiting... by Anonymous Coward · · Score: 3, Informative

      There are plenty of regulations regarding birds around airports and planes, so what are you waiting for?

      http://www.faa.gov/airports/airport_safety/wildlife/management/

    3. Re:Waiting... by TheCarp · · Score: 3, Funny

      > Traditionally, the first post is suppose to be utter nonsense. I suspect what you wrote will be a future regulation.

      I submit that there is no contradiction here as these are not mutually exclusive.

      --
      "I opened my eyes, and everything went dark again"
  2. We'll see by willoughby · · Score: 4, Insightful

    I can remember when the Feds wanted everyone with a CB radio to have a license, too.

    1. Re:We'll see by JWSmythe · · Score: 3, Informative

      The FCC almost got their way with the the GMRS radios. I suspect almost everyone who has bought a FRS/GMRS radio never bothered to get the GRMS license. I got mine just to say I have it.

      --
      Serious? Seriousness is well above my pay grade.
    2. Re: We'll see by Albanach · · Score: 3, Informative

      This is totally different. The linked article even explains it

      Following the link, it tells us that model aircraft to which the rule applies are defined as "unmanned aircraft ... Flown within line of sight".

      As i understood it, the new FAA rule applies to drones capable of being flown outside the pilot's line of sight. Therefore this law is irrelevant as to whether or not the FAA can regulate, since it covers a different type of aircraft.

    3. Re: We'll see by Anonymous Coward · · Score: 4, Informative

      Negative, the FAA is apply their new registration rule to EVERY model aircraft whether it's a quadcopter, a helicopter, or a balsa plane. If it weighs more than 0.55 pounds, flies, and is remotely or autonomously controlled they want it registered. Flying a model aircraft out of LOS is against the rules. If the registration allowed for beyond LOS operation, less enthusiasts would be upset about it.

    4. Re: We'll see by Guspaz · · Score: 4, Informative

      The FAA rules are exactly the opposite of what you understand:

      https://www.faa.gov/regulation...

      Operational Limitations

      - Visual line-of-sight (VLOS) only; the unmanned aircraft must remain
      within VLOS of the operator or visual observer.
      - At all times the small unmanned aircraft must remain close enough to
      the operator for the operator to be capable of seeing the aircraft with
      vision unaided by any device other than corrective lenses.

  3. The _massive_ flaw in these regulations... by Anonymous Coward · · Score: 5, Interesting

    If the FAA model aircraft database is public, then what's to stop someone local from looking up your name, address and registration number and sticking that on their model aircraft instead of their own name ?

    That way, they can fly in a reckless manner and if their aircraft crashes, it's an innocent person the authorities are going to be looking for.

  4. Re:Can somebody explain to me by halivar · · Score: 3, Insightful

    Many of the people against one are also against the other. How is it hypocritical to oppose both registries?

  5. Yeah, except by OverlordQ · · Score: 3, Informative

    That 2002 law saying they can't create regulations on model aircraft also have this stipulation:

    the aircraft is operated in accordance with a community-based
    set of safety guidelines and within the programming
    of a nationwide community-based organization

    Considering the whole reason these new regs were passed were because idiots weren't following safety guidelines, makes it a moot point. If the aircraft aren't being operated in accordance w/ safety guidelines the FAA is free to regulate the hell out of model aircraft.

    --
    Your hair look like poop, Bob! - Wanker.
  6. I already got a letter from my flying club by AndyKron · · Score: 4, Informative

    I already got a letter from my flying club saying to hold off on registration. Here's the AMA website report: http://amablog.modelaircraft.o...

  7. Re:Glad for the Drone Regs by DarkOx · · Score: 5, Insightful

    Really? You're going to get in the way of emergency responders, then complain that something is being put in place to dissuade that?

    Woah there hold up, *I* never got in the way of any emergency responders. But *I* am now expected to register and pay of fee, so yea I am going to complain. Also the registration process does not collect any serial numbers or any other details so there is still no way to actually tie a drone to a responsible owner. Which means that people who do register are really just being added to another special government list.

    As the TFA states this action by the FAA is probably not even legal, like so much of the other stuff this Administration does. So if they in fact breaking the law themselves that is another VERY VALID reason to complain.

    --
    Repeal the 17th Amendment TODAY! Also Please Read http://www.gnu.org/philosophy/right-to-read.html
  8. Yes, drone regulations make sense by sandbagger · · Score: 3, Insightful

    A short while ago a drone backed out a few city blocks in California after touching power lines. Unlike fixed wing remote controlled aircraft, drones can take off anywhere including street corners. This, of course means they can come down nearby

    -- Into traffic
    -- Powerlines
    -- Descend vertically into telephony/power equipment, thus bypassing fences.

    No one is saying that these are deliberate but accidents do happen and like your driver's licence helps pay for public education regarding the rules of the road, the potential for error, mistakes and oversight means that there's a public good in ensuring safe navigation of the skies. Someone above said that people could therefore could fake your ID at an accident -- well I think the odds of that happening are small relative to the amount of regular accidents that will happen.

    Of course people will stomp and yell about 'muh freedumbs' but these things will eventually -- by accident -- cause traffic accidents by uncontrolled descents and so having the infrastructure ready to ensure that people get a modicum of training is hardly the end of the world.

    --
    ---- The above post was generated by the Turing Institute. Maybe.
  9. Re:Glad for the Drone Regs by TWX · · Score: 5, Insightful

    Maybe if all of these idiotic drone owners didn't ruin it for everyone, we wouldn't need these at all.

    This is it in a nutshell.

    Quadcopters are a disruptive technology in the sense that the old paradigm, of expensive, difficult-to-fly, easy-to-destroy RC aircraft has shifted to cheap, somewhat-easy-to-fly "drone" RC aircraft. Additionally, the scale-model-of-real mentality has been replaced with a whatever-works mentality. This shift is helped by the reduction in weight of batteries and the reduction in size of high quality video camera and storage technology.

    When one couldn't take high quality video for extended periods of time, when one had a lot of money tied up in an RC aircraft, and when that aircraft was difficult to fly, people who engaged in the hobby generally had a bit of etiquette, even if pragmatically due to flying over someone else's property was a good way to lose the expensive toy. It appears that quadcopter enthusiasts are less inhibited by this.

    As to the language of the law as described in the article summary, the word "model" was used. The implication in the past has meant "scale model", ie, a reduced-size version approximating a real machine. Since quadcopters don't have full-scale human-pilotable equivalents, these are not "model aircraft" by the strictest definition of the terminology. They are a new thing, and even if the new laws do not apply to scale-model fixed-wing or scale-model helicopters, the argument can be made they apply perfectly well to quadcopters and other small RC aircraft.

    --
    Do not look into laser with remaining eye.
  10. Re:Can somebody explain to me by spire3661 · · Score: 4, Informative

    Guns are an ENUMERATED RIGHT. What part of 'shall not infringe' is unclear to you?

    --
    Good-bye
  11. Re:Glad for the Drone Regs by spire3661 · · Score: 3, Informative

    Driving a car on private property does not require registration......What other gems of crappy logic do you have?

    --
    Good-bye
  12. Re:Can somebody explain to me by Scutter · · Score: 3, Insightful

    You have the right to bear arms - during an organized revolt, while part of a militia, while fighting against a tyrannical government.

    So, you're only allowed to own guns when you're a member of an organized revolt fighting against a tyrannical government. You're literally saying that it's only legal to own a gun during an insurrection. And that makes perfect sense to you? You're honestly sitting here trying to get us to believe that WE'RE the ones incapable of understanding English?

    --

    "Tell me doctor, with all of your defenses, are there any provisions for an attack by killer bees?"
  13. Re:Can somebody explain to me by halivar · · Score: 4, Insightful

    It says guns exactly 0 times. What it says is Arms.

    Yes, you are correct.

    during an organized revolt, while part of a militia, while fighting against a tyrannical government

    And then you say all this other stuff that is not in the document at all.

    You know what else was under "arms"? Cannons. Lots of shippers owned them, too. Make no mistake, any pro-gun-control interpretation of the 2nd Amendment is, no matter how well-meaning, historical revisionism and rationalization.

  14. Re:Can somebody explain to me by Seng · · Score: 3, Insightful

    "Shall not be infringed" is a big part of no national gun database...

  15. Not really news by russotto · · Score: 3, Interesting

    We evil drone operators have known about Section 336 for a long time. It's not actually the only thing wrong with the current rules, but its a major one. The FAA asserts that "model aircraft" are included in the category of "aircraft" covered by pre-2012 regulations, and therefore they can regulate according to them and 336 doesn't apply. This is dubious already. But it's even more dubious when you find that

    1) All "aircraft" must be registered, by statute and by regulation, already.
    2) All "aircraft" require a airman's certificate to operate or to repair, again by statute and regulation.
    3) All "aircraft" except helicopters, by regulation, are required to stay above 500 feet except on takeoff and landing.

    Which means that model aircraft have been flown completely illegally for the entire time the FAA has been in existence. This interpretation seems absurd, hence the FAAs claim about "model aircraft" being covered under "aircraft" must be wrong. Either that or it's time to paint a little Jolly Roger on all the models.

  16. Re:Can somebody explain to me by ScentCone · · Score: 5, Insightful

    You have the right to bear arms - during an organized revolt, while part of a militia, while fighting against a tyrannical government

    It says no such thing. Your reading comprehension and understanding of the constitution is completely childish.

    Those are the terms that must be met according to the documents.

    No, they're not. The point is that THERE ARE NO TERMS. The government shall not infringe - as in, not place conditions on, not interfere with, not limit - on that basic right. The Second Amendment is saying that despite the inevitable need for a standing military (even at the militia level), the existence of such is not an excuse for the government to prevent individual citizens from keeping and bearing their own arms.

    I guess I am the only sane person capable of correctly parsing the english language?

    No, you're just making stuff up. You are parsing it exactly 100% backwards.

    --
    Don't disappoint your bird dog. Go to the range.
  17. Re:Can somebody explain to me by budgenator · · Score: 3, Interesting

    So this guy I knew, rolled up to Canadian Customs on the way to a Civil War Re-enactment in New York, the Customs agent asked him if he was bringing any firearms into Canada. He Answered,"well I have a canon, with canon balls, black powder and fuse on the trailer I'm towing (which was in plain sight), the Agent ask "but no pistols, shotguns or rifles?" "No just the canon", "Okay Sir, Welcome to Canada"

    Most violent crime committed with a weapon in the US is committed with a baseball bat.

    --
    Apocalypse Cancelled, Sorry, No Ticket Refunds