Court Of Appeals Finds For Taylor In Model Aircraft Case | Aero-News Network
Aero-News Network
RSS icon RSS feed
podcast icon MP3 podcast
Subscribe Aero-News e-mail Newsletter Subscribe

Airborne Unlimited -- Recent Daily Episodes

Episode Date

AMA Drone Report

Airborne-Monday

Airborne-Tuesday

Airborne-Wednesday

Airborne-Thursday

Airborne-Friday

Airborne-Unmanned w/AUVSI

Airborne On ANN

AMA 08.17.17

Airborne 08.14.17

Airborne 08.15.17

Airborne 08.16.17

Airborne 08.17.17

Airborne 08.18.17

Airborne-Unmanned 08.15.17

Airborne-YouTube

AMA 08.17.17

Airborne 08.14.17

Airborne 08.15.17

Airborne 08.16.17

Airborne 08.17.17

Airborne 08.18.17

Airborne-Unmanned 08.15.17

NEW!!! 2017 AirVenture Innovation Preview -- YouTube Presentation / Vimeo Presentation

Fri, May 19, 2017

Court Of Appeals Finds For Taylor In Model Aircraft Case

Determines FAA Acted Improperly In Forcing Registration Of Unmanned Aircraft Flown For Recreational Purposes

Score one for the little guys. The U.S. Court of Appeals in Washington, D.C. has ruled that the FAA violated the FAA Modernization and Reform Act of 2012 when it required the registration of model aircraft, including drones, that are flown strictly for recreational purposes, and has vacated the Registration Rule for those aircraft.

In Section 336 of the law, Congress specified that the FAA "may not promulgate any rule or regulation regarding a model aircraft.” The Act defines “model aircraft” as “an unmanned aircraft that is — (1) capable of sustained flight in the atmosphere; (2) flown within visual line of sight of the person operating the aircraft; and (3) flown for hobby or recreational purposes.”

Maryland attorney John Taylor challenged the registration requirement based on Section 336, saying that the rule was unlawful as applied to model aircraft. The court agreed, writing that "The FAA’s arguments to the contrary are unpersuasive. First, the FAA contends that the Registration Rule is authorized by pre-existing statutory provisions that are unaffected by the FAA Modernization and Reform Act. Specifically, the FAA notes that, under longstanding statutes, aircraft are statutorily required to register before operation. But the FAA has never previously interpreted that registration requirement to apply to model aircraft. The FAA responds that nothing in the 2012 FAA Modernization and Reform Act prevents the FAA from changing course and applying that registration requirement to model aircraft now. The FAA claims that the Registration Rule is therefore not a new requirement at all, but merely a 'decision to cease its exercise of enforcement discretion.'"

The court wrote that "The Registration Rule does not merely announce an intent to enforce a pre-existing statutory requirement. The Registration Rule is a rule that creates a new regulatory regime for model aircraft. The new regulatory regime includes a “new registration process” for online registration of model aircraft. The new regulatory regime imposes new requirements – to register, to pay fees, to provide information, and to display identification – on people who previously had no obligation to engage with the FAA. And the new regulatory regime imposes new penalties – civil and criminal, including prison time – on model aircraft owners who do not comply. In short, the Registration Rule is a rule regarding model aircraft.

"In short, Section 336 of the FAA Modernization and Reform Act prohibits the FAA from promulgating “any rule or regulation regarding a model aircraft.” The Registration Rule is a rule regarding model aircraft. Therefore, the Registration Rule is unlawful to the extent that it applies to model aircraft."

The court concluded that "We grant Taylor’s petition for review of the Registration Rule, and we vacate the Registration Rule to the extent it applies to model aircraft."

ANN is in contact with the AMA and other organizations for comment on the rule, and will have reaction to the decision as it becomes available.

(Images from file)

FMI: Full Ruling

Advertisement

More News

AMA Drone Report 08.10.17: AMA Gov't Outreach, Nat'l Model Av Day, Lego Drones

Also: Volaero Tracks Pythons, Army v DJI, Snap Acquiring Drone?, Orlando Backs Down There’s no rest for the folks at AMA that deal with the politics that comes with flying ho>[...]

RFP: ANN Seeking New Site/Facility For Major Studio Upgrade

It's Official: Aggressive Upgrades For New Airborne Programs WILL Require New Digs It's been in development for years, but we're getting to a point where we think we can pull off s>[...]

Airborne-Unmanned 08.15.17: Reno Drone Races, DoD CrackDown, Blue Angels v UAV?

Also: Kansas DOT-AirMap, CIRRUAS Drone Program, Daytona Beach PD UAS, Virginia UAS SAR The Reno Air Racing Association has signed an agreement with the MultiGP Drone Racing League >[...]

Airborne 08.16.17: Skydive Myrtle Beach Update, WWII Mosquito, USMC Op Reset

Also: New Legend, FAA’s Earl Lawrence, NFL 767s, Boeing Board, Singapore Airlines, NE Drones, Stuart Jet Ctr Horry County, SC government officials have has reversed their sto>[...]

Airborne 08.15.17: Lycoming AD, Reno Drone Racing!, Santa Monica NIMBYs

Also: Icon A5 Accident, Aero-Calendar, Land Remote Sensing, Storm Aviation, Frontier, World Helicopter Day, Hubble The FAA has issued an Airworthiness Directive (AD) for the connec>[...]

blog comments powered by Disqus



Advertisement

Advertisement

Podcasts

Advertisement

© 2007 - 2017 Web Development & Design by Pauli Systems, LC