Finally ! Some sanity to FAA craziness. The fight continues, but this is a start.
Hobbyist Drone Registration Ruled Unlawful | Drone360 Magazine
Hobbyist Drone Registration Ruled Unlawful | Drone360 Magazine
Federal Court Rules Hobbyist Drone Registration UNLAWFUL
- Thread starter LarryFL
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I have no doubt this will be appealed and overturned - only a matter of time.
No issues with compulsory registration to promote safe/sensible use. If somebody does something stupid/reckless and causes an incident they can then be easily traced. It is already up and running in many countries so why should the US be exempt?
The US is the 'freest' country in the western world. What that actually means is open to debate. Regulations, restrictions, registrations should be carefully thought about before enactment. Peoples' freedom vs peoples' safety is a delicate balancing act that should not be take lightly.
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If you say so.
I personally see nothing wrong with compulsory registration of a 3.5 kilo flying machine that some individuals may choose to be reckless with.
You personally seeing nothing wrong with compulsory (whatever) is exactly why I said 'Freedom is open for debate'. In my opinion, its a good thing that any American can stop the FAA if proven they went too far.
And yes, I agree that registration of hobby drones is probably no big deal, just like registration of guns is no big deal. But what about the next step into drone regulation? or the one after that?. You may not be so 'ok' about it then. ;-)
If the FAA or whomever is not confronted with boundaries of resistance, they will keep legislating without regard to anything. They do their best, but sometimes they make honest mistakes.
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And the fat lady sings...DJI is now forcing a update and you'll need to log in or your device is pretty much grounded. Effectively, they are the new UAS registration process to calm the FAA for taking a kick in the nuts.
Saw this too...
"The drone market leader on Monday said it's introducing a new online "application activation process" for international users that takes effect at the end of next week. The system ensures "you will use the correct set of geospatial information and flight functions for your aircraft."
In other words, if you don't activate your drone through the website, DJI will cripple your drone. Camera streaming will be disabled and flight range will be curtailed to a 164-foot radius, up to 98 feet high."
"The drone market leader on Monday said it's introducing a new online "application activation process" for international users that takes effect at the end of next week. The system ensures "you will use the correct set of geospatial information and flight functions for your aircraft."
In other words, if you don't activate your drone through the website, DJI will cripple your drone. Camera streaming will be disabled and flight range will be curtailed to a 164-foot radius, up to 98 feet high."
I'm all about safety, responsibility, and accountability for everything aviation. It has been my life's work for several decades and continues to be, both manned and sUAS.
That being said, the FAA overstepped it's authority by requiring registration of "drones" with regard to P.L 112-95, Section 336. This was pointed out in the aforementioned article. IF, the FAA or those in power want "drone registration", Congress will need to amend P.L. 112-95 to require such.
Of note, commercial operators should be aware of:
Text - S.631 - 115th Congress (2017-2018): Drone Aircraft Privacy and Transparency Act of 2017
(note: S.631 WILL not apply to hobbyists under 336)
That being said, the FAA overstepped it's authority by requiring registration of "drones" with regard to P.L 112-95, Section 336. This was pointed out in the aforementioned article. IF, the FAA or those in power want "drone registration", Congress will need to amend P.L. 112-95 to require such.
Of note, commercial operators should be aware of:
Text - S.631 - 115th Congress (2017-2018): Drone Aircraft Privacy and Transparency Act of 2017
(note: S.631 WILL not apply to hobbyists under 336)
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Sounds like you are responsible. Hopefully other pilots will take your lead. If you haven't yet, read up on what is going on in Australia. Personally, I don't see much teeth in this legislation.
How did the FAA overstep their bounds anymore than the DMV, Requiring registration of all motor vehicles?
I get what you're saying, but imagine how bad things would be if cars didn't have license plates and people weren't as afraid of getting caught.
I get what you're saying, but imagine how bad things would be if cars didn't have license plates and people weren't as afraid of getting caught.
Easily answered IMO.
Section 336 of Public Law 112-95, also known as the "FAA Modernization and Reform Act of 2012" clearly states,
"Notwithstanding any other provision of law
relating to the incorporation of unmanned aircraft systems into
Federal Aviation Administration plans and policies, including this
subtitle, the Administrator of the Federal Aviation Administration
may not promulgate any rule or regulation regarding a model
aircraft, or an aircraft being developed as a model aircraft...."
https://www.congress.gov/112/plaws/publ95/PLAW-112publ95.pdf
The FAA promulgated the registration requirement upon the hobbyist community unlawfully.
As I said before, I want safety, responsibility, and accountability for all things aviation. If sUAS registration is part of this, then so be it. Just amend the law.
Thing that surprises me. What about ultralites and the like of ppg s. Yes it may be a manned aircraft. Why shouldn't they have to register if a sUAS has to?
Apparently the FAA is ignoring the court's ruling. I bought a previously owned and registered I2 some weeks ago. Just got a letter from the FAA basically telling me that I must register the drone in my name, submit proof of purchase and send them $5.00 along with the registration forms. Letter is dated July 19, 2017. In bold print at the top of the letter: "OPERATION OF AN UNREGISTERED AIRCRAFT IS A VIOLATION AND MAY BE SUBJECT TO CIVIL PENALTIES".
How did they know you purchased a drone? And how did they know it was used and previously registered? Where did they get your address to send the letter too?? A lot of questions.
I'm not sure about the legalities of hobby registration since that was a self imposed rule by the FAA. But if they imposed the rule/law, why wouldn't they be able to rescind the same rule/law? They ultimately DO have jurisdiction in public airspace.
And because of that ruling, does that mean if you own a full scale aircraft and fly it recreationally, you don't, or shouldn't have to, register it?
I'm not sure about the legalities of hobby registration since that was a self imposed rule by the FAA. But if they imposed the rule/law, why wouldn't they be able to rescind the same rule/law? They ultimately DO have jurisdiction in public airspace.
And because of that ruling, does that mean if you own a full scale aircraft and fly it recreationally, you don't, or shouldn't have to, register it?
Previous owner had registered it and in order to get his name removed from this drone filled out some paperwork with the FAA to accomplish that. My point is that the FAA is still telling the public the it is illegal to fly an unregistered uas. Hobby uas are considered to be less than 55 lbs.
To be clear. Very clear. DRONES are not registered with the FAA (unless there is some sort of commercial registration I am unaware of as a hobbyist). OPERATORS are. Each drone does not get a unique id number like a N tail number on aircraft. The ID received when you register as a uAS pilot is to identify the operator and is placed on all their drones. Same number across all drones.
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