FAA loses drone registration for personal use

I'm not very familiar with it, but I think the court needs a primer on "model aircraft."

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Actually, the court knows what "model aircraft" are by the LAW. It's the FAA who is unclear.

Here is the ENACTED law (you know, the one that your elected representatives passed and was signed by the President, not some internal administrative fiat from a bunch of bureaucrats).

A model aircraft is one that

(1) the aircraft is flown strictly for hobby or recreational use;
(2) the aircraft is operated in accordance with a community based set of safety guidelines and within the programming of a nationwide community-based organization;
(3) the aircraft is limited to not more than 55 pounds unless otherwise certified through a design, construction, inspection, flight test, and operational safety program administered by a community-based organization;
(4) the aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft; and (5) when flown within 5 miles of an airport, the operator of the aircraft provides the airport operator and the airport air traffic control tower (when an air traffic facility is located at the airport) with prior notice of the operation

You don't need to be aeronautical engineer to realize that the FAA has overstepped their authority by further restricting the above.
 
Yeah I never really followed it. I bought a Inspire 1 drone for awhile. I registered it. Flew it around for about 2 weeks, got bored with it and sold it. Just not my thing.
 
Not sure that's the law that governed. The court said

Section 336 of the FAA Modernization and
Reform Act prohibits the FAA from promulgating “any rule or
regulation regarding a model aircraft.”


Section 336 defined model aircraft as "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.”




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Not sure that's the law that governed. The court said

Section 336 of the FAA Modernization and
Reform Act prohibits the FAA from promulgating “any rule or
regulation regarding a model aircraft.”


Section 336 defined model aircraft as "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.”




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Not doubting you, but that's pretty broad and not really up to date with today's technology.
"Flown within visual sight"... shucks, if it were large enough one could fly it in the flight levels without repercussions.
 
FAA sounds ****ed...

"You are subscribed to News updates for the Federal Aviation Administration. A new Press Release is now available. We've included a copy of the release in this email.
FAA Statement Regarding US Court of Appeals Decision

WASHINGTON, DC, May 19- We are carefully reviewing the U.S. Court of Appeals decision as it relates to drone registrations. The FAA put registration and operational regulations in place to ensure that drones are operated in a way that is safe and does not pose security and privacy threats. We are in the process of considering our options and response to the decision."
 
Not sure that's the law that governed. The court said

Section 336 of the FAA Modernization and
Reform Act prohibits the FAA from promulgating “any rule or
regulation regarding a model aircraft.”


Section 336 defined model aircraft as "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.”




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That's the same law and section that Flyingron quoted from.

https://www.congress.gov/112/plaws/publ95/PLAW-112publ95.pdf
 
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