4 ms·

> they seem to have moved relatively fast about drones So much so that they introduced the flagrantly illegal drone registration program.

mulmen 9y ago
Can you elaborate on what's illegal about it? I honestly don't know but it's an interesting topic.
- rhinoceraptor 9y ago
  It violates (IANAL) the FAA Modernization and Reform Act of 2012, section 336 [1]: "... the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft ...". The drone registration program was struck down in court in May [2]. I recommend this podcast with the plaintiff in the case: https://dronelawtoday.com/2017/06/05/the-taylor-case/ https://dronelawtoday.com/2017/06/05/the-taylor-case/ [1]: https://www.congress.gov/112/plaws/publ95/PLAW-112publ95.pdf https://www.congress.gov/112/plaws/publ95/PLAW-112publ95.pdf [2]: https://www.airspacemag.com/daily-planet/federal-court-strikes-drone-registration-requirement-180963398/ https://www.airspacemag.com/daily-planet/federal-court-strik...
  - mulmen 9y ago
    Great, thanks. That seems like a reasonable rule. I'm sure the FAA can still limit hobbyist activity around airports just like we can't shoot rockets or fly kites near airports. Is that the case or does that fall to others?
    - rhinoceraptor 9y ago
      Yes, that’s correct. They only have authority to regulate when you’re flying commercially or outside the bounds of safe hobbyist flight. For example, if you want to fly over 400 feet or in controlled airspace, you need a waiver from the FAA to do that.
bsder 9y ago
First, the FAA weren't really moving that fast about drones until idiots started flying drones in active fire control areas. Once planes and helicopters started needing to be grounded in active fire control areas because of morons with drones, regulation was inevitable. Second, airspace is controlled. If you want to put something in it, you need permission. I wish you luck with your quest to deregulate airspace. Third, drones were effectively unregulated for quite a while. And the drone users somehow couldn't police themselves--sorry that your libertarian utopia ran aground on the shoals of human stupidity. Fourth, yeah, I'm sorry if your libertarian sensibilities get offended, but when, not if, your drone comes crashing into something I own, I want to know to whom I need to send the bill. Your right to operate a drone impinges on my right to know who is damaging my property. No regulation implies that I surrender my right over my property and you have given me very little justification why your flying lawnmower should receive such treatment.
- rhinoceraptor 9y ago
  I'm not advocating anarcho-capitalism, I'm just saying the drone registration program is illegal. And that's not a dig on the FAA. They felt that drones were a real problem so I think they did it even though they knew would get struck down, because they didn't have the time to get something through congress. I would like more legal clarity in flying drones, and I personally take safety seriously. In fact, my drone still has my F number label attached :-) I think they need something more robust, because as it stands now, anyone with a couple hundred dollars can walk out of a best buy with something that can do real harm. And for people like me who take safety seriously, it's hard to find places to fly because of the jumbled patchwork of rules in different states, cities and parks.

mulmen 9y ago

Can you elaborate on what's illegal about it? I honestly don't know but it's an interesting topic.

rhinoceraptor 9y ago
It violates (IANAL) the FAA Modernization and Reform Act of 2012, section 336 [1]: "... the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft ...". The drone registration program was struck down in court in May [2]. I recommend this podcast with the plaintiff in the case: https://dronelawtoday.com/2017/06/05/the-taylor-case/ https://dronelawtoday.com/2017/06/05/the-taylor-case/ [1]: https://www.congress.gov/112/plaws/publ95/PLAW-112publ95.pdf https://www.congress.gov/112/plaws/publ95/PLAW-112publ95.pdf [2]: https://www.airspacemag.com/daily-planet/federal-court-strikes-drone-registration-requirement-180963398/ https://www.airspacemag.com/daily-planet/federal-court-strik...
- mulmen 9y ago
  Great, thanks. That seems like a reasonable rule. I'm sure the FAA can still limit hobbyist activity around airports just like we can't shoot rockets or fly kites near airports. Is that the case or does that fall to others?
  - rhinoceraptor 9y ago
    Yes, that’s correct. They only have authority to regulate when you’re flying commercially or outside the bounds of safe hobbyist flight. For example, if you want to fly over 400 feet or in controlled airspace, you need a waiver from the FAA to do that.

bsder 9y ago

First, the FAA weren't really moving that fast about drones until idiots started flying drones in active fire control areas. Once planes and helicopters started needing to be grounded in active fire control areas because of morons with drones, regulation was inevitable. Second, airspace is controlled. If you want to put something in it, you need permission. I wish you luck with your quest to deregulate airspace. Third, drones were effectively unregulated for quite a while. And the drone users somehow couldn't police themselves--sorry that your libertarian utopia ran aground on the shoals of human stupidity. Fourth, yeah, I'm sorry if your libertarian sensibilities get offended, but when, not if, your drone comes crashing into something I own, I want to know to whom I need to send the bill. Your right to operate a drone impinges on my right to know who is damaging my property. No regulation implies that I surrender my right over my property and you have given me very little justification why your flying lawnmower should receive such treatment.

rhinoceraptor 9y ago
I'm not advocating anarcho-capitalism, I'm just saying the drone registration program is illegal. And that's not a dig on the FAA. They felt that drones were a real problem so I think they did it even though they knew would get struck down, because they didn't have the time to get something through congress. I would like more legal clarity in flying drones, and I personally take safety seriously. In fact, my drone still has my F number label attached :-) I think they need something more robust, because as it stands now, anyone with a couple hundred dollars can walk out of a best buy with something that can do real harm. And for people like me who take safety seriously, it's hard to find places to fly because of the jumbled patchwork of rules in different states, cities and parks.