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Discussion in 'General Discussion' started by lgeist, Jan 10, 2014.
http://www.ainonline.com/aviation-news/ ... -something
In any case, the FAA says it has jurisdiction over all airspace in the U.S., a claim that could allow it to regulate even a hobbyist’s radio-control flying on his own private property, such as Tinsley’s farm.
Really FAA... You own ALL airspace? :lol: Then charge me for my inhales.
Careful what you ask for...
The FAA does has jurisdiction over all U.S. airspace.
If they dont, who does?
Congress (the people) has explicitly mandated that jurisdiction.
You can argue that you don't agree with HOW they regulate that jurisdiction, but its fairly settled that they do in fact have dominion.
This is the line that makes me chuckle.
"Ultimately, Tinsley hopes that the FAA will develop common-sense regulations."
I have trouble with the term "common sense" mingled with anything Government.... :roll:
I'm fortunate to live in the country and have plenty of space to fly without having to travel.
Will not pay any attention to regulations unless I travel with it
Despite what the FAA claims, there is no such "ban." In fact, at this writing there are no FAA regulations whatsoever that relate to remote-controlled model aircraft, which are being lumped together with military drones, into the moniker, “drones.” Anyone is free to use a remote-controlled model aircraft for pleasure or profit. Any "cease & desist" letters sent by the FAA in an attempt to stop such activity has no force of law behind it, and may be ignored entirely.
Advisory Circular 91-57 is merely a list of common sense suggestions, and is not legally enforceable.
The FAA 2007 “Clarification” merely clarifies the FAA’s own current policy concerning operations of unmanned aircraft in the National Airspace System. Agency policies are not regulations, and are not legally enforceable; and
The FAA Modernization and Reform Act of 2012 is merely a number of directives to the FAA to develop regulations concerning unmanned aircraft. By definition, that means none currently exist. Moreover, language found within directives to an agency are not themselves regulations, and are not legally enforceable.
Since for the reasons stated above there exist no regulations, the FAA has no authority to excerise any control over the opertion of remote-controlled model aircraft, period. This is not to say that there should or should not be, or that there will or will not be regulations, but rather that there simply are no such regulations at this writing.
Yes, I am an attorney, but this is not intended to be and should not be considered legal advice. For more information and to follow the development of "drone law," please see dronelawjournal.com.
And this in case anyone missed the embedded link in my original post:
http://ainonline.com/aviation-news/blog ... power-grab