NTSB Ruling on Unmanned Aircraft Enforcement
News that AMA just published....a better late than never....
NTSB judge rules FAA ban on commercial UAS/Drones unenforceable
Quad copter flown at the International Consumer Electronics Show, 1/8/2014 (AP Photo/Jae C Hong)
In a ruling late Thursday, 3/6, NTSB Administrative Law Judge Patrick Geraghty ruled that the FAA policy banning the commercial operation of unmanned aircraft is “non-binding”, hence unenforceable. The judge found that the policy wasn’t written as part of a formal rulemaking process and the FAA hadn’t complied with the requirements of the Administrative Procedures Act. The FAA policy was published in the Federal Register in 2007 and has effectively banned the operation of commercial and public use UAS in the national airspace over the past seven years.
This finding came as part of the judge ‘s ruling on attorney Brendan Schulman’s motion to dismiss FAA’s Order of Assessment against Raphael Pirker, aka “Trappy”. Mr. Pirker was fined $10,000 by the FAA under 14 CFR 91.13 for allegedly operating an aircraft in a careless and reckless manner while flying a UAS through the University of Virginia campus in Charlottesville, Virginia.
This ruling effectively lifts the ban on the commercial operation of small unmanned aircraft, those aircraft that would otherwise meet the description of a model aircraft.
It’s a bit too soon to say how the FAA will respond to the ruling, or what this means to the UAS community. But, by all accounts, this is a game changer.
Good thing their is an AMA to defend us.
Like in, right is tight...left is loose.....?.....:D
As I have posted in another thread on this ...
a) I hate do-gooders who use the law to break sentences ...
b) Trappy needs to be hung out to dry so modellers do not suffer further risks of law-makers creating restrictive rules ..
c) I would put money on the table - the judge if asked privately probably thinks he has to rule because of the laws - NOT because he thinks it's wrong.
It is seen often that Govt agencies tend to act as though THEY are the law and stretch the rules ... and I agree that they need reminding and pulling back.
But this affair has another side to the coin - the effects this ruling may have on other idiots like Trappy. He and others may now go out and sooner or later something will happen ... and I hope and pray that no-one is hurt.
I think the modelling community needs to stand up and make it known that we are not the idiots Trappy and his like show others.
Bad day in my view ... and I don't live of fly in USA ... but things like this tend to stray across borders and affect other authorities judgements ...
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