Judge dismisses FAA fine against small drone user:
Commercial drones: Court rules against FAA: The FAA had levied a fine against aerial photographer Raphael Pirker for flying the small drone near the University of Virginia to make a commercial video in October 2011. Reuters: Mariana Bazo
The FAA had levied a fine against aerial photographer Raphael Pirker for flying the small drone near the University of Virginia to make a commercial video in October 2011. AP 9 days ago | By JOAN LOWY of Associated Press
WASHINGTON (AP) — A federal judge has dismissed the Federal Aviation Administration's only fine against a commercial drone user on the grounds that the small drone was no different than a model aircraft, a decision that appears to undermine the agency's power to keep a burgeoning civilian drone industry out of the skies.
Patrick Geraghty, a National Transportation Safety Board administrative law judge, said in his order dismissing the $10,000 fine that the FAA has no regulations governing model aircraft flights or for classifying model aircraft as an unmanned aircraft.
FAA officials said they were reviewing the decision and had no further comment. The agency can appeal the decision to the full five-member safety board.
The FAA levied the fine against aerial photographer Raphael Pirker for flying the small drone near the University of Virginia to make a commercial video in October 2011. Pirker appealed the fine to the safety board, which hears challenges to FAA decisions.
FAA officials have long taken the position that the agency regulates access to the national airspace, and therefore it has the power to bar drone flights, even when the drone weighs no more than a few pounds.
"There are no shades of gray in FAA regulations," the agency says on its website. "Anyone who wants to fly an aircraft —manned or unmanned —in U.S. airspace needs some level of FAA approval."
FAA officials have been working for a decade on regulations to give commercial drones access to the national airspace without endangering manned aircraft and the public. Fed up with the agency's slow progress, Congress passed legislation in 2012 directing the FAA to safely integrate drones of all sizes into U.S. skies by September 2015. However, it's clear the agency won't meet that deadline. Regulations that would permit greater use of drones weighing less than 55 pounds have been repeatedly delayed, and are not expected to be proposed until November. It takes at least months, and often years, before proposed regulations are made final.
Regulations governing medium and large-sized drones are also in the works, but are even farther off.
There is increasing demand to use small drones for a wide array of commercial purposes. The FAA has identified the dividing line between a model aircraft and a small drone as more one of intent, rather than of technology. If it is used for commercial purposes, it's a drone. If it's used purely for recreational purposes, it's a model aircraft.
The agency has issued guidelines for model aircraft operators, but they are voluntary and therefore cannot be enforced, Geraghty said.
Help spread the word. No matter what state you are in, it's inevitable some legislator will try to squeeze (hide) some small piece of legislation into a bill that will restrict the personal or commercial use of small UAV's or quadcopters. Remember, the FAA has jurisdiction above 400 feet, not below. Don't charge for flying time. If you receive payment, the FAA can't stop you from charging for video editing services, your travel time, or from making a donation to a charitable cause in your name which you can write off! Be creative.
QJ
Here are some of the best links to this story.
Techcrunch.com http://techcrunch.com/2014/03/07/commer ... al-ruling/
PBS.org FAA has no jurisdiction over small commercial drones, judge rules
http://www.pbs.org/newshour/rundown/com ... es-ruling/
Bloomberg.com Commercial Drone Pilots Cheer Judge Finding Against FAA
http://www.bloomberg.com/news/2014-03-0 ... t-faa.html
Motherboard.vice.com Commercial Drones Are Completely Legal, a Federal Judge Ruled
http://motherboard.vice.com/read/commer ... udge-ruled
cnn.com Pilot wins case against FAA over commercial drone flight
http://www.cnn.com/2014/03/06/us/drone-pilot-case-faa/
nbcnews.com FAA Fine Against Drone Photographer Dismissed
http://www.nbcnews.com/tech/innovation/ ... sed-n46506
detroit.cbslocal.com Federal Judge Clears Detroit Florist’s Delivery By Drone
http://detroit.cbslocal.com/2014/03/10/592573/
rt.com Judge’s decision ensures personal drones remain legal in US, for now
http://rt.com/usa/judge-personal-drones-legal-us-310/
netnebraska.org Lawyers On Commercial Drone Ruling: Proceed Cautiously
http://www.netnebraska.org/node/904960
washingtontimes.com Gentlemen, start your drones: Judge’s ruling opens door for commercial use
http://www.washingtontimes.com/news/201 ... ules-judg/
usatoday.com Judge overturns first FAA fine against drone operator
http://www.usatoday.com/story/travel/fl ... d/6167759/
theblaze.com Commercial Drone Industry ‘Elated’ After Judge Drops FAA’s Case
http://www.theblaze.com/stories/2014/03 ... faas-case/
Commercial drones: Court rules against FAA: The FAA had levied a fine against aerial photographer Raphael Pirker for flying the small drone near the University of Virginia to make a commercial video in October 2011. Reuters: Mariana Bazo
The FAA had levied a fine against aerial photographer Raphael Pirker for flying the small drone near the University of Virginia to make a commercial video in October 2011. AP 9 days ago | By JOAN LOWY of Associated Press
WASHINGTON (AP) — A federal judge has dismissed the Federal Aviation Administration's only fine against a commercial drone user on the grounds that the small drone was no different than a model aircraft, a decision that appears to undermine the agency's power to keep a burgeoning civilian drone industry out of the skies.
Patrick Geraghty, a National Transportation Safety Board administrative law judge, said in his order dismissing the $10,000 fine that the FAA has no regulations governing model aircraft flights or for classifying model aircraft as an unmanned aircraft.
FAA officials said they were reviewing the decision and had no further comment. The agency can appeal the decision to the full five-member safety board.
The FAA levied the fine against aerial photographer Raphael Pirker for flying the small drone near the University of Virginia to make a commercial video in October 2011. Pirker appealed the fine to the safety board, which hears challenges to FAA decisions.
FAA officials have long taken the position that the agency regulates access to the national airspace, and therefore it has the power to bar drone flights, even when the drone weighs no more than a few pounds.
"There are no shades of gray in FAA regulations," the agency says on its website. "Anyone who wants to fly an aircraft —manned or unmanned —in U.S. airspace needs some level of FAA approval."
FAA officials have been working for a decade on regulations to give commercial drones access to the national airspace without endangering manned aircraft and the public. Fed up with the agency's slow progress, Congress passed legislation in 2012 directing the FAA to safely integrate drones of all sizes into U.S. skies by September 2015. However, it's clear the agency won't meet that deadline. Regulations that would permit greater use of drones weighing less than 55 pounds have been repeatedly delayed, and are not expected to be proposed until November. It takes at least months, and often years, before proposed regulations are made final.
Regulations governing medium and large-sized drones are also in the works, but are even farther off.
There is increasing demand to use small drones for a wide array of commercial purposes. The FAA has identified the dividing line between a model aircraft and a small drone as more one of intent, rather than of technology. If it is used for commercial purposes, it's a drone. If it's used purely for recreational purposes, it's a model aircraft.
The agency has issued guidelines for model aircraft operators, but they are voluntary and therefore cannot be enforced, Geraghty said.
Help spread the word. No matter what state you are in, it's inevitable some legislator will try to squeeze (hide) some small piece of legislation into a bill that will restrict the personal or commercial use of small UAV's or quadcopters. Remember, the FAA has jurisdiction above 400 feet, not below. Don't charge for flying time. If you receive payment, the FAA can't stop you from charging for video editing services, your travel time, or from making a donation to a charitable cause in your name which you can write off! Be creative.
QJ
Here are some of the best links to this story.
Techcrunch.com http://techcrunch.com/2014/03/07/commer ... al-ruling/
PBS.org FAA has no jurisdiction over small commercial drones, judge rules
http://www.pbs.org/newshour/rundown/com ... es-ruling/
Bloomberg.com Commercial Drone Pilots Cheer Judge Finding Against FAA
http://www.bloomberg.com/news/2014-03-0 ... t-faa.html
Motherboard.vice.com Commercial Drones Are Completely Legal, a Federal Judge Ruled
http://motherboard.vice.com/read/commer ... udge-ruled
cnn.com Pilot wins case against FAA over commercial drone flight
http://www.cnn.com/2014/03/06/us/drone-pilot-case-faa/
nbcnews.com FAA Fine Against Drone Photographer Dismissed
http://www.nbcnews.com/tech/innovation/ ... sed-n46506
detroit.cbslocal.com Federal Judge Clears Detroit Florist’s Delivery By Drone
http://detroit.cbslocal.com/2014/03/10/592573/
rt.com Judge’s decision ensures personal drones remain legal in US, for now
http://rt.com/usa/judge-personal-drones-legal-us-310/
netnebraska.org Lawyers On Commercial Drone Ruling: Proceed Cautiously
http://www.netnebraska.org/node/904960
washingtontimes.com Gentlemen, start your drones: Judge’s ruling opens door for commercial use
http://www.washingtontimes.com/news/201 ... ules-judg/
usatoday.com Judge overturns first FAA fine against drone operator
http://www.usatoday.com/story/travel/fl ... d/6167759/
theblaze.com Commercial Drone Industry ‘Elated’ After Judge Drops FAA’s Case
http://www.theblaze.com/stories/2014/03 ... faas-case/
