The validity of the FAA’s new drone registry is under challenge in federal court. The hope for these hobby flyers is that if the challenge is successful, they – including children as young as 13 – won’t have to file their names and home addresses in a public database. Many hobby flyers have held off on registering their drones, concerned about the public availability of their information.
The lawsuit challenging the FAA registry was filed in the Court of Appeals for the District of Columbia on December 24 by a model aircraft enthusiast concerned that the registration rules were illegal. That individual is John A. Taylor, a multi-rotor builder and flyer living in Silver Spring, Maryland. An insurance attorney, Mr. Taylor is representing himself. He started flying model aircraft approximately one year ago and has become passionate about the hobby. He expected other hobby groups or drone manufacturers to file suit against the registration rules but when they didn’t, he decided to step up himself. Although he plainly admits that he has no aviation or administrative law experience, as a long-time litigator, he says he’s up to the challenge.
Mr. Taylor is requesting that the court “issue an order declaring that the [FAA’s registration rule] is void” and prohibited by Section 336 of the FAA Modernization and Reform Act of 2012. He alleges that that section specifically prohibits the FAA from promulgating any new rules or regulations regarding model aircraft if they’re flown for hobby or recreational purposes.
Somewhat surprisingly, the legal challenge does not come – as many hobbyists expected – from the Academy of Model Aeronautics. The AMA – which represents over 180,000 model aircraft enthusiasts -has asked its members to hold off on registering their drones until the legal deadline of February 19 for drones owned before December 21, 2015. (Those bought on or after that date must be registered before operation.) The registration requirement applies to drones weighing .5 to 55 pounds. The AMA has stated that it believes the FAA’s new registration rule violates Section 336.
The AMA declined to comment specifically on the lawsuit but it’s executive director, Dave Mathewson, said in an emailed response: “AMA has been clear about our disappointment with the new rule for UAS registration. From the beginning of this process, we have argued that registration makes sense at some threshold and for those operating outside of a community-based organization or for commercial purposes. But for our members who have been flying safely for decades and who already register with AMA, we strongly believe that the new interim rule is unnecessary. That is why our Executive Council unanimously voted to look at all legal and political remedies to relieve and protect our members from regulatory burdens. On a parallel track, we are also discussing with the FAA ways to potentially streamline the registration process for our members.”
Source: Forbes
I found it interesting that the suit is being brought against the FAA by a single individual, who is self funded, while the AMA which is supported by 10s of thousands of model aircraft owners has not taken any legal actions. Instead it notes that it’s talking to the FAA about making the registration process easier for their members. What happened to fighting the FAA’s new rules, not helping them smooth enforcement?
You have to remember Andrew, that many of the AMA lead members and organizational directors are already registered pilots with the FAA. So Registration with the FAA for them is not as big of an issue as it would be for RC copter or multi-rotor recreational hobbyists.
Best get your facts straight. This supposed FAA rule does not apply to drones only, but in fact to all R/C aircraft, including airplanes, helicopters and drones. Why this is being misrepresented as drones only is beyond me. Wake up people, this pertains to all model aircraft, including control line planes. Please rewrite this article with all the facts. This isn’t just Little Johnny next door with his new Christmas present, this affects EVERYONE who flies model aircraft.
Who ever wrote this needs to get his facts right. Registration is not required for each model airplane or drone. Only one plane is registered and that reg. no. is good for all of ones airplanes or drones. Please!… don’t confuse airplanes with drones! Doc
Michael / Dan:
In the USA the colloquial term Drone applies to all unmanned aircraft systems from the smallest quad-copter up to the size of military aircraft able to stay aloft for days at a time. I do not like the term, I believe it is inappropriate, but that is an argument for another time.
This article was a quick report on a specific individual filing suit against the FAA with regard to its current registration system. Yes, it could be a little more technically accurate and it could have provided more specific detail. I do not see any major glaring errors or statements that are inaccurate.
Dan: You are correct the system affects all users of UAS’s including private individuals, businesses, and governmental entities. The direct argument of Mr. Taylor who filed the suit is that the FAA went to far in requiring individuals to register their usage of UAS’s.
Niel
Hey Neil, I hear you, but the public interpretation of the word drone is a four or five bladed ‘helicopter ‘ with a camera one it. Several of our members on Hobbysquawk.com report people saying that it doesn’t affect them as they don’t fly ‘drones’ any more than gun control laws don’t affect me as I don’t own an ‘assault gun’
We in the hobby realize what they are talking about, those on the fringe may not and those not in the hobby only see the pictures of those nasty ‘drones’ buzzing airliners and therefore are solidly behind the rules without knowing what the ruling actually is going after.
All I’m asking for as a single line defining the term drone as it fits into the context of this article, otherwise, it’s misleading.