FAA Got Slapped Down - Cannot Regulate Model Aircraft

[Colorado CJ]

I knew this would happen, the FAA was expressly forbidden to regulate anything to do with model aircraft in the FAA Modernization and Reform act of 2012, section 336 specifically.

Section 336

“IN GENERAL.—Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this subtitle, the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft[.]”


Federal Appeals Court Voids FAA Registration Rule For Model Aircraft

 

[Kestrel]

Wow, so I guess this means no more registrations.I'm ok with this, the likelihood of them actually recovering a registration from a drone that hit an aircraft would be next to none in my opinion anyway.

And the 400 foot rule is now gone and all other rules or recommendations. That being said, its still a good idea to follow them or at-least use common sense.

 

[Gary cato]

Wow, so I guess this means no more registrations.I'm ok with this, the likelihood of them actually recovering a registration from a drone that hit an aircraft would be next to none in my opinion anyway.

And the 400 foot rule is now gone and all other rules or recommendations. That being said, its still a good idea to follow them or at-least use common sense.

Not sure the 400 feet and other rules apply to this case as they can regulate airspace, They just can not make up rules as to a person registering a drone.

That said a law passed in Government could implement that into law.

 

[Kestrel]

Not sure the 400 feet and other rules apply to this case as they can regulate airspace, They just can not make up rules as to a person registering a drone.

That said a law passed in Goverment could implement that into law.

i

They can't regulate model aircraft which means they can't make rules to what model aircraft can and cant do.
"But the U.S. Court of Appeals for the D.C. Circuit ruled Friday that federal law prohibits the FAA from issuing any rules covering “model aircraft.”"
Appeals court strikes down FAA drone registration rule

According to the forbes article, the government is unlikely to appeal.

 

[Gary cato]

They can't regulate model aircraft which means they can't make rules to what model aircraft can and cant do.

They can regulate the airspace that model aircraft fly in, they can not regulate the AC itself, They can regulate where it is flown.

 

[SYC12]

No more section 107, or hobbist vs commercial uses?

 

[Kestrel]

They can regulate the airspace that model aircraft fly in, they can not regulate the AC itself, They can regulate where it is flown.

That's not what the link I posted said, if they can't make any rules regulating the model aircraft then they can't tell that person flying the model aircraft that it can't fly 400 feet above or below or anything like that because its a model aircraft.

 

[Colorado CJ]

I would think part 107 would still apply, but I am not positive.

 

[rydfree]

"The statute defines model aircraft as an unmanned aircraft that is capable of sustained flight in the atmosphere, flown within visual line of sight and flown for hobby or recreational purposes."

A model aircraft is flown within line of sight , that still screws most of you ,lol

 

[Boog0822]

I want my $5 back.

 

[ascension]

Ease up a bit.
As an example, the FAA can't regulate registration requirements from other countries, but they sure as heck can regulate their airspace, and who gets in it.
This is a developing issue, but be assured that drone operators are not going have carte blanche in the US airspace system.

 

[Gary cato]

That's not what the link I posted said, if they can't make any rules regulating the model aircraft then they can't tell that person flying the model aircraft that it can't fly 400 feet above or below or anything like that because its a model aircraft.

They can tell you what your flight height is because they control the airspace you fly IN.

Are you saying that they cant tell you that you are not allowed to fly in restricted areas just because you have a model aircraft?

Does that mean as a hobbyist that you can ignore all no fly zones?

I don't think so.

If YOUR AC is in their airspace they can tell you how high you fly.

 

[tcope]

They can regulate the airspace that model aircraft fly in, they can not regulate the AC itself, They can regulate where it is flown.

Section 336 specifically address the only regulations on UAVs. You say that they can regulate airspace. How does one regulate "airspace" and not what's in it? Think about that. You can't regulate "airspace".... it's space. you can _only_ regulate something that happens in that airspace... which brings us right back to regulations on UAVs.

 

[Kestrel]

They can tell you what your flight height is because they control the airspace you fly IN.

Are you saying that they cant tell you that you are not allowed to fly in restricted areas just because you have a model aircraft?

Does that mean as a hobbyist that you can ignore all no fly zones?

I don't think so.

If YOUR AC is in their airspace they can tell you how high you fly.

I'm pretty sure things are going back to pre 2015 days.. No one argued about where people could fly then. All these rules and regulation stuff came up when they made us register the model aircraft.

 

[rydfree]

One thing is certain , if a large portion of drone pilots keep acting as if they own the air the next battle will not go in our favor .

 

[Kestrel]

One thing is certain , if a large portion of drone pilots keep acting as if they own the air the battle will not go in our favor .

Thats been happening, tightening or loosening of any rule, law or regulation wont stop it.

 

[Gary cato]

I'm pretty sure things are going back to pre 2015 days.. No one argued about where people could fly then. All these rules and regulation stuff came up when they made us register the model aircraft.

I agreed things are a bit harsh but we do get a lot of (leeway when flying even now in a lot of countries). and i am really not arguing for the fun off it, I just really would not want to be the one testing that in court.

I take the point also that airspace is space. But that space is still regulated and has rules and when it comes to controlled airspace I personally do not think this judgement changes that.

 

[Gary cato]

Thats been happening, tightening or loosening of any rule, law or regulation wont stop it.

i also agree with you here, Someone will always find a work around to flying where they want

 

[Kestrel]

I agreed things are a bit harsh but we do get a lot of (leeway when flying even now in a lot of countries). and i am really not arguing for the fun off it, I just really would not want to be the one testing that in court.

I take the point also that airspace is space. But that space is still regulated and has rules and when it comes to controlled airspace I personally do not think this judgement changes that.

I think that what the FAA said before this court case happened should still be viewed as common sense, Don't fly stupidly close to airports, stuff like that. Now more than ever people need to use common sense. But i'm pretty sure that you won't get a fine if you fly above 400 feet and certainly not out of line of sight.

 

[AyeYo]

I knew this would happen, the FAA was expressly forbidden to regulate anything to do with model aircraft in the FAA Modernization and Reform act of 2012, section 336 specifically.

Section 336

“IN GENERAL.—Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this subtitle, the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft[.]”


Federal Appeals Court Voids FAA Registration Rule For Model Aircraft

You need to quote the rest of Section 336 before people celebrate that they're free to do whatever they want.