We previously reported that model aircraft hobbyist John Taylor filed suit against the Federal Aviation Administration (FAA) challenging the requirement to register with the FAA in order to fly his model aircraft near his home. On June 14, 2016, Mr. Taylor filed his appeal to the DC Court of Appeals to “order the FAA to permanently destroy the recreational model aircraft registry and refund registration moneys received.”
Mr. Taylor alleges that the FAA issued the Registration and Marking Requirements for Small Unmanned Aircraft on December 16, 2015, without proper notice and comment, and requested the federal district court to review the issuance. He has further requested review of the FAA’s advisory circular that states that model aircraft must not operate in the DC Special Flight Rules Area, which encompasses a 30 mile radius from Reagan National Airport and review of the establishment of a task force to determine the best approach to registering model aircraft. According to Mr. Taylor, the FAA has “declared the entire Washington, D.C. metropolitan area, and beyond, to be a ‘no drone zone…”
According to Mr. Taylor’s brief, the drone registration requirements “apply to all model aircraft, regardless of size….They apply to a child playing with a small flying toy a few feet off the ground in the family’s back yard.”
Source: Robinson & Cole
Mr. Taylor appears to be making a number of claims that miss understand the current state of the FAA rules.
The No-Drone Zone around DCA has been reduced from 30 to 15 miles for UAS’s under 55lbs.
https://www.faa.gov/uas/where_to_fly/no_drone_zone/
The registration requirements for registration of UAS’s starts at 0.55 lbs, so it is not regardless of size.
https://registermyuas.faa.gov/restricted#/home
Since you there is also a minimum age for the registration drones. A responsible adult is expected to register drones, not the child.
Please, report accurately the situation when you prepare a formal report.
Niel
Addressing Mr. Leon’s comments:
He cites websites, which have no legal authority, but reflect only the FAA’s practices du jour. Those practices are often inconsistent with the law, and even the FAA’s other practices and stated positions. They can be, and often are, changed at the FAA’s whim.
The FAA now considers model aircraft to be “aircraft.” They’ve done that to create an argument that they have authority over model aircraft, but it has a host of other legal implications, many of which the FAA would like to ignore.
The 30 mi. restriction is based on FAA regulations 14 C.F.R. § 93.331-39, which are applicable to all “aircraft”:
http://www.ecfr.gov/cgi-bin/text-idx?SID=0cd607bb581284a7589882e24a54984e&mc=true&node=pt14.2.93&rgn=div5%20-%20se14.2.93_1335#se14.2.93_1335
Model aircraft are specifically subject to the 30-mi. restriction pursuant to FAA Adisory Circular AC91-57A:
http://www.faa.gov/documentLibrary/media/Advisory_Circular/AC_91-57A.pdf
Despite the FAA’s recently-modified position regarding the 30-mile rule (and they’ve flip-flopped on that multiple times just in the last year), AC91-57A has not been rescinded.
All “aircraft,” regardless of size, have to be registered, pursuant to 49 U.S.C. § 44101(a):
https://www.gpo.gov/fdsys/pkg/USCODE-2014-title49/html/USCODE-2014-title49-subtitleVII-partA-subpartiii-chap441-sec44101.htm
and FAA Reg 14 C.F.R § 47.3(b):
http://www.ecfr.gov/cgi-bin/text-idx?SID=a23d1b3d4f31a49975a76fcb9f545c9c&mc=true&node=pt14.1.47&rgn=div5#se14.1.47_13
If anyone cares to read my brief, it is accessible here:
http://bit.ly/28ADz7H