It seems the FAA is basically upset about the manner in which this "Trappy" from Team Blacksheep was flying, and are citing 14 C.F.R. § 91.13(a) (flying in a careless or wreckless manner).
"The FAA says it will try to stop unauthorized commercial activity if it becomes known but adds that it will resort to civil penalties only in extreme cases. “We really would only pursue a civil penalty if someone was operating an unmanned aircraft in a reckless manner,” said FAA spokesman Les Dorr."
[Source: http://www.suasnews.com/2013/12/26446/t ... o-the-faa/]
In regards to not regulating hobbyists for non-commercial use, while regulating UAVs for commercial use, perhaps the FAA thinks that businesses would feel that they have no boundaries and would do anything to give their clients what they desire, and that (real) hobbyists adhere to safety practices and are more disciplined. Either that or they want their "cut" (from permits, licenses, etc.) but do not have the policies in place for that yet.
14 C.F.R. § 91.13(a) applies to Unmanned Aircraft Systems (UAS).
14 C.F.R. § 91.13(a) states that "[n]o person may operate an aircraft in a careless or reckless
manner so as to endanger the life or property of another." As UASs are "aircraft" pursuant to 14
C.F.R. § 1.1, their careless or reckless operation is prohibited. 14 C.F.R. § 91.1 states that "this part
prescribes rules governing the operation of aircraft (other than moored balloons, kites, unmanned
2 Respondent at page 10 of his motion cites FAA Order 2150.3 B and suggests that the FAA is acting contrary to its
policy in initiated this action against him because he is a Swiss citizen. FAA order 2150.3B provides general
guidance only on how it intends to carry out its statutory and regulatory enforcement responsibilities. It does not act
to limit the Administrator's authority to take any enforcement action when he finds it is in the interest of safety.
7 rockets, and unmanned free balloons, which are governed by part 101 of this chapter, and ultralight
vehicles operated in accordance with part 103 of this chapter) within the United States ...Id.
The fact that "unmanned rockets" and "kites," among others, are addressed in specific sections
of the FARs does not imply that UASs are thereby removed from the definition of "aircraft."
Respondent's assertion that UASs should be given specific treatment in the FARs does not result in
the conclusion he suggests that they are not "aircraft" as the term is used in the FAA's regulations.
In fact, the express exclusion of "moored balloons, kites, unmanned rockets, and unmanned free
balloons" from Subpart A demonstrates that these devices are also "aircraft" as defined in 14 C.F.R.
"The FAA says it will try to stop unauthorized commercial activity if it becomes known but adds that it will resort to civil penalties only in extreme cases. “We really would only pursue a civil penalty if someone was operating an unmanned aircraft in a reckless manner,” said FAA spokesman Les Dorr."
[Source: http://www.suasnews.com/2013/12/26446/t ... o-the-faa/]
In regards to not regulating hobbyists for non-commercial use, while regulating UAVs for commercial use, perhaps the FAA thinks that businesses would feel that they have no boundaries and would do anything to give their clients what they desire, and that (real) hobbyists adhere to safety practices and are more disciplined. Either that or they want their "cut" (from permits, licenses, etc.) but do not have the policies in place for that yet.
14 C.F.R. § 91.13(a) applies to Unmanned Aircraft Systems (UAS).
14 C.F.R. § 91.13(a) states that "[n]o person may operate an aircraft in a careless or reckless
manner so as to endanger the life or property of another." As UASs are "aircraft" pursuant to 14
C.F.R. § 1.1, their careless or reckless operation is prohibited. 14 C.F.R. § 91.1 states that "this part
prescribes rules governing the operation of aircraft (other than moored balloons, kites, unmanned
2 Respondent at page 10 of his motion cites FAA Order 2150.3 B and suggests that the FAA is acting contrary to its
policy in initiated this action against him because he is a Swiss citizen. FAA order 2150.3B provides general
guidance only on how it intends to carry out its statutory and regulatory enforcement responsibilities. It does not act
to limit the Administrator's authority to take any enforcement action when he finds it is in the interest of safety.
7 rockets, and unmanned free balloons, which are governed by part 101 of this chapter, and ultralight
vehicles operated in accordance with part 103 of this chapter) within the United States ...Id.
The fact that "unmanned rockets" and "kites," among others, are addressed in specific sections
of the FARs does not imply that UASs are thereby removed from the definition of "aircraft."
Respondent's assertion that UASs should be given specific treatment in the FARs does not result in
the conclusion he suggests that they are not "aircraft" as the term is used in the FAA's regulations.
In fact, the express exclusion of "moored balloons, kites, unmanned rockets, and unmanned free
balloons" from Subpart A demonstrates that these devices are also "aircraft" as defined in 14 C.F.R.
Regardless of what the law technically defines right now, the potential loopholes like that have yet to be tested in court, so it's kind of a grey area. There's the current banner case against Trappy, but that seems to be more on the merits of safety rather than commercialization.
