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Discussion in 'News' started by MCG, Mar 7, 2014.
http://motherboard.vice.com/read/commer ... udge-ruled
That's good news. Its going to be like the wild wild west for a while.
Have fun. Be safe.
Well Phantom got it's picture in the news again by this news.
Very interesting and good to hear! I suppose Hawaii will have to rescind their recent public law banning drones.
It is not a law yet, still a bill. They made some amendments to the bill. They added the following.
"Nothing in this part shall be construed to limit or prohibit the use of model aircrafts for commercial, hobby, or recreational purposes."
They also added "This Act shall take effect on July 1, 2050." It makes me wonder why they are wasting my tax money on this.
It went to the House today.
Unfortunately the FAA filed an appeal to the full NTSB. That stays the decision until the NTSB rules. The FAA has 30 days to file their brief, then the opposing counsel has 30 days to file theirs, then another 60 days for the NTSB to rule. We may have to wait several months before we know what the decision really is.
There are posts in other threads which state that the "stay" is just more FAA bluster. I'm not a lawyer but was always under the impression that a stay has to actually be issued by a judge, i.e., it's not the automatic result of an appeal ... and I haven't seen any posts indicating there's been a stay issued by a judge. Then again, NTSB rules may be different.
Suggest keeping an eye on http://dronelawjournal.com/. The author there IS an attorney as well as an RC pilot.
Here is the FAA press release:
Press Release – FAA Statement
For Immediate Release
March 7, 2014
Contact: Kristie M. Greco
Phone: (202) 267-3883
WASHINGTON, D.C.--The Federal Aviation Administration today issued a notice appealing a decision by an NTSB Administrative Law Judge in the civil penalty case, Huerta v. Pirker.
"The FAA is appealing the decision of an NTSB Administrative Law Judge to the full National Transportation Safety Board, which has the effect of staying the decision until the Board rules. The agency is concerned that this decision could impact the safe operation of the national airspace system and the safety of people and property on the ground."
For more information on UAS operations please visit: http://www.faa.gov/news/updates/?newsId=76240
This is the FAA's statement. My point was that they've made statements in the past that have been proven to be ... um ... shall we say, interpretations reflecting their perspective. Their statement may well be accurate. Then again, it may not. Given their history on this issue, I'd be more inclined to accept it if it came from an objective third party.
(Personally, it makes no difference to me. I'm just an RC hobbyist and have no interest in commercial applications.)
I found this blurb on the NTSB's site which appears to explain the appeal process. The FAA apparently skipped the first appeal and went directly to the full NTSB. It doesn't mention anything about an appealed ruling automatically being stayed. What it does say is that if the appeal to the NTSB is denied (i.e., the ruling is upheld) a stay may be requested if an additional appeal to a Court will be made. The fact that "stay" is not mentioned until after the appeal is ruled on suggests to me that the FAA statement has jumped the gun a bit (perhaps they already think they're going to lose the appeal and are preparing to request a stay when that happens).
Administrative Law Judges - Description of the Airman Appeals Process
1st Appeal: Appeal to Judge
Appeal or petition is filed with the NTSB's Office of Administrative Law Judges.
Appeal/petition is assigned a docket number and is acknowledged by the office's Case Manager.
For appeals from orders of revocation, suspension, or assessment of civil penalty, the FAA files a copy of the order that was issued to the certificate holder/respondent with a letter that designates the order as the FAA's complaint.
The certificate holder/respondent then must file an answer admitting or denying each of the factual allegations stated in the complaint.
In all cases, including reviews of certificate denials, requests for discovery of information can be filed by both the FAA and the certificate holder/respondent or petitioner seeking review of certificate denial.
A hearing is set by the judge assigned to the case at an appropriate place (see 49 C.F.R. Section 821.37).
The hearing is held. An Initial Decision, affirming, reversing or modifying the FAA's action is issued by the judge.
2nd Appeal: Appeal to the Full Board
An appeal from the judge's decision is filed with the Office of Administrative Law Judges, which sends the appeal and case record/docket to the Board's Office of General Counsel.
An appeal brief is filed by the appealing party.
A reply brief is filed by opposing party.
The Board issues an order affirming, modifying, or reversing the judge's decision, or remanding the case to the judge for further proceedings.
If the Board affirms the FAA's revocation, suspension, or civil penalty assessment, and the certificate holder intends to appeal the Board's decision to the U.S. District Court or the U.S. Court of Appeals, a stay of the Board's order may be requested.
3rd Appeal: Petition to U.S. District Court or U.S. Court of Appeals
The party appealing the Board's decision files a petition in either the U.S. District Court (D.C. District, district in which the party resides, or district which the action in question occurred) or the U.S. Court of Appeals (D.C. Circuit or circuit in which the party resides).
The Board prepares a Certificate of Record to be filed with the court.
Again, I'm not a lawyer but these seem to be pertinent facts ... interpret them however you like (unless you actually anticipate related litigation - then get a lawyer).
July 1, 2050 ??? A typo?? That's really planning ahead!
That is the date listed in section 5 of the bill.