Welcome to PhantomPilots.com

Sign up for a weekly email of the latest drone news & information

Judge dismisses FAA fine against small drone user

Discussion in 'Phantom 2 Vision Discussion' started by Qwadjok, Mar 16, 2014.

  1. Qwadjok

    Joined:
    Dec 8, 2013
    Messages:
    118
    Likes Received:
    0
    Location:
    Minneapolis, Minnesota
    Judge dismisses FAA fine against small drone user:

    Commercial drones: Court rules against FAA: The FAA had levied a fine against aerial photographer Raphael Pirker for flying the small drone near the University of Virginia to make a commercial video in October 2011. Reuters: Mariana Bazo
    The FAA had levied a fine against aerial photographer Raphael Pirker for flying the small drone near the University of Virginia to make a commercial video in October 2011. AP 9 days ago | By JOAN LOWY of Associated Press

    WASHINGTON (AP) — A federal judge has dismissed the Federal Aviation Administration's only fine against a commercial drone user on the grounds that the small drone was no different than a model aircraft, a decision that appears to undermine the agency's power to keep a burgeoning civilian drone industry out of the skies.

    Patrick Geraghty, a National Transportation Safety Board administrative law judge, said in his order dismissing the $10,000 fine that the FAA has no regulations governing model aircraft flights or for classifying model aircraft as an unmanned aircraft.

    FAA officials said they were reviewing the decision and had no further comment. The agency can appeal the decision to the full five-member safety board.

    The FAA levied the fine against aerial photographer Raphael Pirker for flying the small drone near the University of Virginia to make a commercial video in October 2011. Pirker appealed the fine to the safety board, which hears challenges to FAA decisions.

    FAA officials have long taken the position that the agency regulates access to the national airspace, and therefore it has the power to bar drone flights, even when the drone weighs no more than a few pounds.

    "There are no shades of gray in FAA regulations," the agency says on its website. "Anyone who wants to fly an aircraft —manned or unmanned —in U.S. airspace needs some level of FAA approval."

    FAA officials have been working for a decade on regulations to give commercial drones access to the national airspace without endangering manned aircraft and the public. Fed up with the agency's slow progress, Congress passed legislation in 2012 directing the FAA to safely integrate drones of all sizes into U.S. skies by September 2015. However, it's clear the agency won't meet that deadline. Regulations that would permit greater use of drones weighing less than 55 pounds have been repeatedly delayed, and are not expected to be proposed until November. It takes at least months, and often years, before proposed regulations are made final.

    Regulations governing medium and large-sized drones are also in the works, but are even farther off.

    There is increasing demand to use small drones for a wide array of commercial purposes. The FAA has identified the dividing line between a model aircraft and a small drone as more one of intent, rather than of technology. If it is used for commercial purposes, it's a drone. If it's used purely for recreational purposes, it's a model aircraft.

    The agency has issued guidelines for model aircraft operators, but they are voluntary and therefore cannot be enforced, Geraghty said.

    Help spread the word. No matter what state you are in, it's inevitable some legislator will try to squeeze (hide) some small piece of legislation into a bill that will restrict the personal or commercial use of small UAV's or quadcopters. Remember, the FAA has jurisdiction above 400 feet, not below. Don't charge for flying time. If you receive payment, the FAA can't stop you from charging for video editing services, your travel time, or from making a donation to a charitable cause in your name which you can write off! Be creative.

    QJ

    Here are some of the best links to this story.

    Techcrunch.com http://techcrunch.com/2014/03/07/commer ... al-ruling/

    PBS.org FAA has no jurisdiction over small commercial drones, judge rules
    http://www.pbs.org/newshour/rundown/com ... es-ruling/

    Bloomberg.com Commercial Drone Pilots Cheer Judge Finding Against FAA
    http://www.bloomberg.com/news/2014-03-0 ... t-faa.html

    Motherboard.vice.com Commercial Drones Are Completely Legal, a Federal Judge Ruled
    http://motherboard.vice.com/read/commer ... udge-ruled

    cnn.com Pilot wins case against FAA over commercial drone flight
    http://www.cnn.com/2014/03/06/us/drone-pilot-case-faa/

    nbcnews.com FAA Fine Against Drone Photographer Dismissed
    http://www.nbcnews.com/tech/innovation/ ... sed-n46506

    detroit.cbslocal.com Federal Judge Clears Detroit Florist’s Delivery By Drone
    http://detroit.cbslocal.com/2014/03/10/592573/

    rt.com Judge’s decision ensures personal drones remain legal in US, for now
    http://rt.com/usa/judge-personal-drones-legal-us-310/

    netnebraska.org Lawyers On Commercial Drone Ruling: Proceed Cautiously
    http://www.netnebraska.org/node/904960

    washingtontimes.com Gentlemen, start your drones: Judge’s ruling opens door for commercial use
    http://www.washingtontimes.com/news/201 ... ules-judg/

    usatoday.com Judge overturns first FAA fine against drone operator
    http://www.usatoday.com/story/travel/fl ... d/6167759/

    theblaze.com Commercial Drone Industry ‘Elated’ After Judge Drops FAA’s Case
    http://www.theblaze.com/stories/2014/03 ... faas-case/
     

    Attached Files:

  2. Qwadjok

    Joined:
    Dec 8, 2013
    Messages:
    118
    Likes Received:
    0
    Location:
    Minneapolis, Minnesota
    Re: MLB team called out for using drones at spring training

    CBS/AP/March 17, 2014

    MLB team called out for using drones at spring training

    WASHINGTON -- A small, four-rotor drone hovered over Washington Nationals baseball players for a few days during spring training in Florida last month, taking publicity photos impossible for a human photographer to capture. But no one got the Federal Aviation Administration's permission first.

    Read entire story here.
    http://www.cbsnews.com/news/mlb-team-called-out-for-using-drones-at-spring-training/

    QJ
     
  3. Melvoid

    Joined:
    Jul 29, 2013
    Messages:
    79
    Likes Received:
    4
    Location:
    Spring Green, Wisconsin
    What about those big flaming balloons? Those go way higher than 400 feet... AND THEY'RE ON FIRE!!! Now THAT sounds dangerous . . . to me anyway.
     
  4. Air Ontario

    Joined:
    Jan 11, 2016
    Messages:
    1,271
    Likes Received:
    493
    Location:
    U.S./ Canada
    Glad the Judge dismissed. Should have made FAA pay any court costs and defendant fees out of their current year local FSDO office budget.
     
  5. N017RW

    Joined:
    May 2, 2014
    Messages:
    6,244
    Likes Received:
    1,614
    Location:
    Palm Beach Co.- FL
    This story is two years old.
     
  6. JKDSensei

    Joined:
    Jun 24, 2015
    Messages:
    1,511
    Likes Received:
    658
    Location:
    USA
    Maybe old posts need a special icon over to the left....a cobweb or something?
    (Note: Personally I'm not bothered by resurrected old threads)

    Old threads don't die....they just lay in wait
     
    BigAl07 likes this.