DJI Mavic, Air and Mini Drones
Friendly, Helpful & Knowledgeable Community
Join Us Now

Oregon now has drone registration.

I wonder how long it will last until it gets overturned in court since the FAA maintains the authority on aircraft and that registration was declared NOT mandatory for drones.
 
  • Like
Reactions: Rokitt69
Are you talking about this:
ORS 837.040 requires that every owner operating a civil aircraft that is based, or operating commercially, within Oregon to register the aircraft with the Oregon Department of Aviation. By law, the owner of a civil aircraft that is based in
Oregon shall register the aircraft within 60 days of the date the aircraft becomes subject to registration. The owner of a civil
aircraft that is not based in Oregon but that is used in Oregon for commercial operations shall register the aircraft prior to
the first time the aircraft is used in Oregon for commercial operations.


Or did I overlook the portion you're talking about?
 
I wonder how long it will last until it gets overturned in court since the FAA maintains the authority on aircraft and that registration was declared NOT mandatory for drones.

States are given some authority over Aviation aspects but not over Airspace (yet). The FAA allows states to create some requirements that the aviator must follow. For instance in NC we have to take and pass a UAS Aviation Test (super easy) in order to fly in the state of NC "Commercially".

Also from what I've read this is ONLY for Commercial operations so hobby/recreational need not apply.
 
  • Like
Reactions: Cyberpower678
States are given some authority over Aviation aspects but not over Airspace (yet). The FAA allows states to create some requirements that the aviator must follow. For instance in NC we have to take and pass a UAS Aviation Test (super easy) in order to fly in the state of NC "Commercially". Also from what I've read this is ONLY for Commercial operations so hobby/recreational need not apply.

Good points. Ive been looking into this issue of state vs. federal regulation of airspace. There is some gray area. In SKYSIGN INTERNATIONAL INC v. CITY OF HONOLULU, an aerial advertising company challenged the legality of a city ordinance that banned airplanes from towing advertising banners at night in 2002. Skysign argued the FAA had exclusive authority to regulate navigable air space so the city of Honolulu's ordinance was null and void. The federal appeal court said that yes the FAA does have authority to regulate airspace but that does not necessarily preclude state and local regulation.

The court explained that "advertising is an area traditionally subject to regulation under the states' police power, and we therefore presume that federal law does not displace Honolulu's regulatory authority over advertising absent a clear statement of the federal intent to do so, either by Congress or by the FAA as Congress's delegate."

Since there was no clear expression of intent to preempt or displace all local regulation, the court said the city ordinance regulating what could be towed behind an airplane was valid and enforceable.

Whether state and local authorities can force drone owners to register may be slippery issue. We may be between the devil and the deep blue sea.

upload_2017-12-5_20-32-56.png
 
Lycus Tech Mavic Air 3 Case

DJI Drone Deals

New Threads

Forum statistics

Threads
130,990
Messages
1,558,692
Members
159,981
Latest member
bbj5143