Hobby Rules for Class B Airspace

[YogiFlyer]

I think at the end of all this, we can agree that the question the OP presented is a grey area, at best. Either it will take court challenges after an enforcement action, or it will take Congress to clean this mess up since they created it.

 

[FLYBOYJ]

So at the end of the day, it is worth it to try to challenge the law, perceived, alleged, or assumed, just to fly your drone in Class B airspace?

 

[YogiFlyer]

So at the end of the day, it is worth it to try to challenge the law, perceived, alleged, or assumed, just to fly your drone in Class B airspace?

Eh...depends on who it is. I wouldn't waste my money on it. But those who live near a Class B airport might feel differently.

 

[Kcgunesq]

I only just saw this thread, but it does raise a question that I have wondered about for some time. To be completely clear, the OP is not asking whether the FAA has implemented the rule regarding hobby flights in Class B airspace, but rather is asking whether it was within their authority to do so in light of the Special Rule contained in the FAA Modernization and Reform Act of 2012 (Public Law 112-95). 14 CFR 101 avoids promulgating any new rules as required and simply restates section 336 of the reform act, and does not mention Class B airspace. The Class B airspace restriction is asserted one webpage and it is not clear from where its authority is derived.

[snip]

Thank you! That is exactly the question.

 

[Kcgunesq]

So at the end of the day, it is worth it to try to challenge the law, perceived, alleged, or assumed, just to fly your drone in Class B airspace?

Maybe. But often one doesn't have to risk arrest by violating the law. Unfortunately federal courts are somewhat hostile to declatory judgment actions. But it may be an option for someone. But first, there had to be understanding of the law as written and as interpretedby the potential enforcers.

 

[FLYBOYJ]

Maybe. But often one doesn't have to risk arrest by violating the law. Unfortunately federal courts are somewhat hostile to declatory judgment actions. But it may be an option for someone. But first, there had to be understanding of the law as written and as interpretedby the potential enforcers.

Well that will always be your disconnect ESPECIALLY when dealing with aviation law. There is a lot of ambiguity within Title 14 (and perhaps done so purposely) unfortunately we could sit here and debate all day what the law is and should be all day, it will eventually be up to an NTSB judge who decide the law as written. IMO FAR 101.41 as written based on sec. 336 was poorly written and implemented and it's obvious it was done so by people who know little or nothing about aviation.

 

[Mark The Droner]

Well that will always be your disconnect ESPECIALLY when dealing with aviation law. There is a lot of ambiguity within Title 14 (and perhaps done so purposely) unfortunately we could sit here and debate all day what the law is...

You mean all week...?

 

[sar104]

You mean all week...?

Or as long as it takes. This is a discussion forum, after all.