Court Rules that FAA Cannot Ban Commercial Drones, Dismisses $10,000 Fine for Drone User
March 7, 2014 1:14 PM
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The FAA is currently working on regulations that would allow drone deliveries without putting the public or manned aircraft in danger
Amazon may be able to
get its drones up in the air
after all, as a recent court case found that the Federal Aviation Administration (FAA) lacks the authority to ban the commercial use of drones in the continental U.S.
, the National Transportation Safety Board (NTSB) administration law judge found that the FAA shouldn’t have fined a man $10,000 because his drone was no different than a model aircraft.
Raphael Pirker, an aerial photographer, flew a small drone near the University of Virginia while making a commercial video in October 2011. The FAA fined Pirker $10,000 in an attempt to regulate commercial uses of small drones in U.S. airspace.
Pirker then appealed the fine, and the court found that the FAA doesn’t have any regulations that govern model aircraft flights or those that classify model aircraft as an "unmanned aircraft." In other words, the line between drone and toy hasn't been drawn.
The FAA successfully banned the commercial use of unmanned aircraft over the U.S. airspace (until it develops rules for their part in the national airspace, at least), but there are no clear-cut rules for commercial drone use. In fact, the FAA is considering dealing with the drones on a case-by-case basis. In this case, it wasn't clear if it was an unmanned drone or toy plane.
The FAA believes that it should be able to ban drone flights because it has the power to regulate access to the national airspace.
The FAA isn't completely against commercial drones. In fact, it's currently working on regulations that would allow drone deliveries, thanks to a law passed by Congress in 2012 that told the FAA to have the rules ready by September 2015. But since those regulations are not yet complete, the subject is a huge grey area for now.
In December 2013, Amazon CEO Jeff Bezos said he wanted to use
unmanned "Prime Air" drones
for small package delivery. Bezos said the company is currently testing unmanned, octocopter drones called "Prime Air" that have the ability to deliver small packages to customers in just 30 minutes.
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3/8/2014 12:47:37 PM
There are already RC turbine aircraft that weigh tens of pounds and travel between 200-300MPH. These are much more "dangerous" than a 5 pound electric quadcopter. Not only are they heavier and moving much faster, they are also carrying a quantity of jet fuel, kerosene, propane, or the like. One of those hitting your house is likely to do a lot more damage than breaking a window and messing up your couch.
To the best of my knowledge the only requirement on these models is that they weigh less than 55 pounds and stay below 400' AGL (in the US).
At times, for a model exhibition or meet the organizers will get a TFR for a particular place in order to exceed these limits. However, at least as far as the FAA is concerned Joe RC pilot can fly wherever he pleases as long as he is below the weight and altitude limits. There may be local restrictions that may interfere with Joe's plans though, like a ban on flying RC models in his city parks.
“So far we have not seen a single Android device that does not infringe on our patents." -- Microsoft General Counsel Brad Smith
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