Americans No Longer Have To Register Non-Commercial Drones With the FAA (recode.net)
A federal appeals court on Friday struck down a federal rule that required owners of recreational drones and other model aircraft to register the devices with the Federal Aviation Administration. The FAA had announced the rule in 2015 in response to growing reports of drones flying near manned aircraft and airports. Drones have become increasingly popular with hobbyists and more than 550,000 unmanned aircraft were registered within the first year it was required. From a report: The court ruled that the FAA's drone registration rules, which have been in place since 2015, were in violation of a law passed by Congress in 2012. That law, the FAA Modernization and Reform Act, prohibited the FAA from passing any rules on the operation of model aircraft -- in other words, rules that restrict how non-commercial hobbyist drone operators fly. Now, if a person buys a new drone to fly for fun, they no longer have to register that aircraft with the FAA. But if flying for commercial purposes, drone buyers still need to register. The lawsuit was won by John Taylor, a model aircraft enthusiast, who brought the case against the FAA in January 2016. Since first opening the FAA's registration system in December 2015, more than 820,000 people have registered to fly drones.
The 2012 law explicitly prohibited the FAA from doing exactly what it did. The court's opinion is only 10 pages and gets directly to the point:
In short, the 2012 FAA Modernization and Reform Act provides that the FAA “may not promulgate any rule or regulation regarding a model aircraft,” yet the FAA’s 2015 Registration Rule is a “rule or regulation regarding a model aircraft.” Statutory interpretation does not get much simpler. The Registration Rule is unlawful as applied to model aircraft.
Registering or not registering a drone will not change the behavior of idiots who use them dangerously.
This!!
I"m curious...why do commercial drones have to be registered, but hobbyist do not?
I mean, the rules about where you fly them are the same, etc....so, why is it that commercial still have to be registered, but un-payed fliers do not? You have just as good or stupid drone operators regardless if they are making a buck at it or not...
Is this just for the govt to get its fees?
Light travels faster than sound. This is why some people appear bright until you hear them speak.........
But isn’t the “rule of law” (FAA Modernization and Reform Act) EXACTLY what is being followed here?
Now I can operate my Telemaster (big, cheap RC plane) anywhere and any way I want, and nobody can tell me that I can't because they can't make any rules about model aircraft operations. It was in the news, it must be true.
Commercial flights are entirely different. The section 107 is actually a waiver that states you have permission to violate flight restrictions provided you use minimization and efforts predescribed to fly, via putting in for a NOTAM. Since you have passed a test you are legally able to fly in restricted airspace, such as across from an airport, or similar. A hobbyist can't fly a drone in a no fly zone, while a section 107 approved commercial flight may.
Registering or not registering a drone will not change the behavior of idiots who use them dangerously.
The number of drone incidents, either as a whole or as a percentage, is so vanishingly tiny in context that it's really a non-issue covered by criminal negligence and other laws and regulations already on the books. People using them dangerously is just the excuse fed to the public to justify registration. The actual reason is to be better able to track down and destroy video evidence of illegal & unconstitutional acts perpetrated by authorities obtained using civilian commercial camera-drones, and silence the owners/operators.
But of course, it's totally legit for government to fly aircraft and drones overhead with sophisticated electronic eavesdropping equipment hoovering-up everybody's communications and with high-resolution still and video cameras reading your book over your shoulder from 3,500 feet and storing it all for possible future use. In case someone becomes "inconvenient".
Strat
Progressivism (aka US 'Liberalism'): Ideas so good they need a police/surveillance-state to enforce.
Sure it would. RC aircraft have existed for more than 50 years yet most people used them responsibly. The reason for that is that RC planes used to be hard to fly, and that has kept the idiots away. Now that drones have removed the difficulty barrier, registration can create another. Most drone purchases are impulse buy Christmas presents for 5 year old Bobby, if buying a drone included a registration process only people serious about them would get one.
Probability vs consequence. Yet another person who has no clue what risk assessment and risk management it's all about. If there it's a way to find out if someone flew their drone into the window of a plane (by registering the drone) then people will use them more wisely.
-- I ignore anonymous replies to my comments and postings.
I've watched plenty of videos from hobbyist drones that went straight up at high attitudes. I wonder if such attitudes are possible in Silicon Valley, as the whole area is a flight path for multiple airports in the region. I'm thinking about getting a camera drone.
I want my 5 dollars!
I"m curious...why do commercial drones have to be registered, but hobbyist do not?
Because the type of people that become entrepreneurs and the type that become bureaucrats are polar opposites. People in government often have a reflexive hostility toward anything to do with commerce.
Have you (personally) actually had a problem with a drone? Or is this just getting ped off cause its fun?
I'm wondering if we're gonna have to have a major airline accident over a population center from some kid's $500 drone before somebody takes action. Or am I just completely off base here? I don't know enough about aviation to say for sure and the articles I've read don't really touch on the issue. Most of the news outlets seem to have sided with the hobbyists over the FAA here.
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Most drones bought for 5-year-old Bobby are cheap, plastic pieces of shit that can barely work outside - let alone pose more of a hazard to aircraft than, say, a goose. This whole thing is solving an imaginary problem.
W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
A court decision, based on a regulation promulgated under Obama, is now the responsibility of Trump ? Oh my...
Not really. The FLIGHTS aren't any different at all. Unless a 107 holder explicitly seeks and gets authorization to fly where he's not normally allowed to, the commercial user doesn't get to do anything the hobby user gets to. The number of people who seek and get authorization to fly a small quadcopter at, say, an airport or over a prison are exceedingly small.
The fact that an individual machine that weights about the same as a stick of butter must registered for one person, but not for the other, is still capricious and silly.
Don't disappoint your bird dog. Go to the range.
Ah, never actually done anything on your own, have you? Didn't think so. Your cartoon villain impression of what it means to be self employed would be funny if it weren't so childishly toxic. Grow up.
Don't disappoint your bird dog. Go to the range.
No. There were already millions of these units flying around with untold millions of flight hours on them before the FAA decided to collect their $5 for every toy sold. And the number of collisions with aircraft that even broke somebody's NOSE? Run down the list, I dare you. While you're at it, compare that to the number of people who've died playing soccer, or who've been hit and killed by another skier on the slopes. Go ahead, do some comparing.
Don't disappoint your bird dog. Go to the range.
That's it! You're brilliant!
We need to register soccer balls and skis!
(And bathtubs and toasters while we're at it. No problemo, they're all going to be connected to the Internet anyway.)
Faster! Faster! Faster would be better!
What about when some peeping tom uses one to film your backyard?
I think that if some boob runs a drone over his neighbors yard the neighbor should be allowed to knock it down. It is already like this with other intrusions. In most places if a tree crosses the property line your neighbor can trim it. Registration might have curbed some of this as the neighbor could have alerted authorities to the drone.
Make it a RICO suit since this was obviously nothing more than a racket/money grab.
Still waiting on Serviscope_minor to wake up to fucking reality and realize that Jessica Price isn't going to fuck him.
A court decision, based on a regulation promulgated under Obama, is now the responsibility of Trump ? Oh my...
No, the LAW, passed by congress in 2012 is the law. Period. The Obama administration decided to violate that law by conjuring up a pointless new regulatory limitation and fine threat outside the bounds of that law. The court just decided that the Obama administration's over-reach needed to be smacked down, as it deserved to be. That doesn't suddenly make the Trump administration newly responsible for anything. The law said that the FAA could act as if it had responsibility or authority in this area, and that's still the case. Obama grabbed executive power where he was not allowed, and now that power grab had been undone. How does that involve Trump? Be specific.
Don't disappoint your bird dog. Go to the range.
But it will change the cost to find and prosecute said idiots after damages have been done. Don't forget, scaring the public is very expensive.
I want my money back that the FAA required me to spend for illegal registration - WITH INTEREST! Time to start a class action lawsuit.
What about when some peeping tom uses one to film your backyard? I think that if some boob runs a drone over his neighbors yard the neighbor should be allowed to knock it down.
Are you going to shoot me down in my little Cessna 172 at 1000ft as well? Because I can effectively do the same thing.
I'm not a complete idiot... Some parts are missing.
They _all_ work outside, what they have huge problems with is wind more than 1 mph.
John McAfee 'It was like that time I hired that Bangkok prostitute; to do my taxes, while I fucked my accountant'
What the heck are they?
W..w..W - Willy Waterloo washes Warren Wiggins who is washing Waldo Woo.
See my accidental AC post ...
I agree with everything you said.
Another win for Trump!
Democrats? How do you know the guy who fought this law is a Democrat? I would suspect he could very well be a Republican who wants the government to be less restrictive.
Point is you're an idiot for pointing fingers at a political party.
It still bothers me the FAA knowingly tried to land grab, and forced a lot of people to pay for a registration, that they had no right to mandate.
Putting aside whether they had the right to do it or not, they allowed free registrations - and the free registration period did not expire until after the holidays, where lots of people would have gotten drones for presents. So everyone that had a drone on or before Jan 20, 2016 could register it for free. Even paid, we are talking $5 here. They could have easily made the fee so expensive it would have killed the market.
I tried every decent and legal way I could think of to resolve the issue w/the business before I rented the chicken suit
It is already illegal for model aircraft and manned aircraft to share the same airspace, and there are rules to prevent this and organizations such as AMA operate airfields for hobbyists specifically to prevent this.
But it still happens, I recall reports of a giant scale model plane (1/2 scale!) crashing into a small aircraft and while there were no injuries it was thousands of dollars of damage and a very pissed off pilot. It was another case where R/C event was held at a private airfield normally used for full size craft, but the proper notices were not filed.
That said the likely consequence of sucking a model into a commercial airliner is a very expensive fine and a tremendous civil suit for the turbine engine repair. Collision with a small aircraft can be more catastrophic as the planes are smaller and a harder to control when damaged and the pilots tend to be less experienced.
Most tragic model aircraft accidents are with bystanders on the ground. Race events where high speed planes or stunt events with large class helicopters tend to be the most dangerous for ground-based pilots and spectators. 250-size FPS drone racing is likely as safe to manned aircraft and spectators as a golf course. (i.e. small but non-zero risk)
“Common sense is not so common.” — Voltaire
it's going to be the occasional one off, like most airline accidents. It's just those usually kill people. Sometimes lots of people.
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If violating the requirements caries few consequences then why not. It's why most people broadcasting on GMRS frequencies or powers didn't bother filing for the FCC's GMRS license even though it's a 1 page registration process with no test, but $70. (I think it lasts for 5 years?)
“Common sense is not so common.” — Voltaire
this makes a lot of sense. I see hospital choppers all the time and a drone could screw one of those up real quick.
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Nobody understands the law. Common people don't understand what is legal and what is not legal. And government bureaucratic don't either. The legislature are frequently unsure of the laws they are supposed to read and vote on as well. Courts are about the only way anything gets done, it's not a real law until it's been tested in court. I don't have to be a lawyer to give you this advice: you don't want to be the guinea pig used for testing a new law.
“Common sense is not so common.” — Voltaire
posting monetized flight videos on youtube is /still/ commercial use.
Actually if you were operating your Cessena 172 below legal altitude (below 500') you would have a tag so I could report you.
The problem with the club field argument is that if you want to use a drone for photography it gets pretty boring to just take pictures of the club field. I enjoy flying my quadcopter, but if all I could do with it is fly it just for the sake of flying it I wouldn't have bothered.
Two different hobbies.
"Well, good luck finding a judge that doesn't run a bestiality site."
Wow, that's sure some insightful commentary on the specific issues I mentioned. Your keen insight is really constructive! I really appreciate how you're demonstrating your understanding of how Obama's man Huerta at the FAA had to use and end-around and use the DoT as a regulatory authority to get around the word of a plainly written law. Your grasp of the details make your personal ad hominem worth listening to.
Ooops! Silly me, you have no idea what's actually going on here, and are just acting like a child. Carry on! Your complete lack of understanding about why issues like this - which go directly to separation of powers and the integrity of the constitution - is nicely on display.
Don't disappoint your bird dog. Go to the range.
The problem with the club field argument is that if you want to use a drone for photography it gets pretty boring to just take pictures of the club field. I enjoy flying my quadcopter, but if all I could do with it is fly it just for the sake of flying it I wouldn't have bothered.
Two different hobbies.
And this is the problem. If you fly without regard for AMA rules, then you are not part of the AMA and don't deserve the same protection. It's precisely why some people want to have everyone register their drones and pay a fee for each flight.
Some people are behaving quite reasonably. They are flying quad copters on on private property, outside of FAA restricted airspace, and below the FAA ceiling for models. This eliminates interactions between model and manned aircraft, it still annoys people on the ground which is where most of this pressure against drones is coming from. Others are flying over public roads, near small airports and doing FPV at higher altitudes and beyond line-of-sight. And none of that behavior is acceptable and we don't have to tolerate such a "hobby".
“Common sense is not so common.” — Voltaire