Buzzing with excitement, drone pilots are pleased with the court ruling that strikes down a 2015 FAA rule that required them to register with the government.
The US Court of Appeals didn’t mince words in finding the Federal Aviation Administration had overstepped its authority. “Statutory interpretation does not get much simpler,” the court said.
Two years ago, the FAA ordered all drone pilots; professionals and hobbyists to register, pay a fee, and put an identification number on their aircraft. John Taylor, a recreational drone pilot who lives in the Washington DC area balked.
In its summary the court wrote, that Taylor, a recreational pilot, did not think the FAA could order him to register and the court concluded: “Taylor is right.”
Loretta Alkalay, an aviation lawyer, drone pilot and professor at New York’s Vaughn College of Aeronautics was one of those who advised Taylor in his challenge to the FAA. It was pretty simple, she explained. In 2012, Congress passed the FAA Modernization and Reform Act which included a provision that protected model aircraft from FAA rules.
For years the FAA had “a hands off approach with model aircraft and the legislation solidified that,” Alkalay reported.
The FAA claims the registration was intended to ensure safe operation of drones, that is, to keep them well out of the way of general and commercial aviation. Issues of security and privacy were also cited. Late Friday the FAA said it would consider its options in light of the court ruling against it.
Drone interference with civil aviation at low altitude flight is a legitimate concern especially in light of the phenomenal growth in drone ownership. Different pilots will exhibit different levels of responsibility, said Matthew Johnson a free style and race pilot from Dayton, who is sponsored by well-known companies including AstroX and Gemfan.
“People they go out and they don’t read the FAA regulations. They don’t know the fundamentals before they charge up the device and take off,” he said. “They don’t understand the dangers. That is scary.”
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