On March 12th, 2021, RaceDayQuads (RDQ) and its CEO, Tyler Brennan, filed suit against the Federal Aviation Administration (FAA), and its recent rule titled Remote Identification of Unmanned Aircraft (RID,originally published 1/15/2021 at 86 Fed. Reg. 4390). The case against the FAA was filed in the United States Court of Appeals for the District of Columbia Circuit (Document #1889968).
This case is about protecting the constitutional rights and freedom to fly for millions of active drone and model aviation hobbyists.RDQ and Tyler Brennan are defending pilot’s constitutional rights and freedoms by confronting the FAA’s rulemaking, on the grounds it violates multiple constitutional protections and is rampant with unlawful arbitrary and capricious decision making-some of which was done intentionally behind closed doors out of the eyes of the public. Everyone is under the rule of law,including the FAA.
This rule, among other things, largely would require anyone who flies almost any form of model aviation outsideofaselect and sparse group of special areas known as FAA Recognized Identification Areas, to affix a special transmitter to their model or drone which broadcasts their location and unique identifier information. This rule is only the initial form of Remote Identification, and there will be additional requirements later imposed that we are not fully aware of presently,but will be revealed when manufacturers attempt to obtain FAA approvals for standard ID aircraft or broadcast modules,when non-profits attempt to be recognized as a Community Based Organization(CBO), when a CBO or educational institution applies for FAA Recognized Identification Areas designation, and when the FAA attempts another rulemaking to fix the session ID issue for standard ID aircraft.
Tyler Brennan, second from right, was among protesters at FAA headquarters in February 2020
Brennan and RaceDayQuads believe this rule, and what will likely come in future regulation, is damaging to current and future hobbyists.
“While we understand the need for a way to safely integrate certain UAS into the national airspace,this need for integration does not somehow deprive constitutional and statutory protections from millions of everyday hobbyists who, largely,have safely operated their quadcopters and models for many years without such regulatory oversight” said Brennan.
Brennan and his company are taking the FAA’s rule very seriously, going on to say,
“The stakes of this case cannot be understated, as its outcome will affect not only the current RID rule, but also its future restricting manifestations.Thus, we see the case as being in defense of all present and future rights and freedoms of hobbyists.The time to fight this is now so that precedents are not set by this rule, certain precedents which would allow for much more harsh regulations and versions of RID to stand in the future.”
RDQ’s goal is to allow current and future drone and model aviation hobbyists to continue flying safely without the need to broadcast their information or be inhibited by any regulation which fails to comply with constitutional protections,fails to follow rulemaking procedures,fails to listen to the comments of those the rule would affect,is founded upon inaccurate risk assessments and data, or fails to provide an overall benefit to the American people.
Photo: Bill Carey
Source: Press Release
At one level I understand the frustration of the hobbyist community. The vast majority of them are able to follow sensible rules and not infringe on the safety of others while flying their UAVs.
The challenge comes with dealing with the risk of misuse. How do we keep our NAS safe? Niel