In a move that may give hope to many model aircraft flyers, the validity of the FAA’s new drone registry is under challenge in federal court. The hope for these hobby flyers is that if the challenge is successful, they – including children as young as 13 – won’t have to file their names and home addresses in a public database. Many hobby flyers have held off on registering their drones, concerned about thepublic availabilityof their information.
The lawsuit challenging the FAA registry was filed in the Court of Appeals for the District of Columbia on December 24 by a model aircraft enthusiast concerned that the registration rules were illegal. That individual is John A. Taylor, a multi-rotor builder and flyer living in Silver Spring, Maryland. An insurance attorney, Mr. Taylor is representing himself. He started flying model aircraft approximately one year ago and has become passionate about the hobby. He expected other hobby groups or drone manufacturers to file suit against the registration rules but when they didn’t, he decided to step up himself. Although he plainly admits that he has no aviation or administrative law experience, as a long-time litigator, he says he’s up to the challenge.
Mr. Taylor is requesting that the court “issue an order declaring that the [FAA's registration rule] is void” and prohibited by Section 336 of the FAA Modernization and Reform Act of 2012. He alleges that that section specifically prohibits the FAA from promulgating any new rules or regulations regarding model aircraft if they’re flown for hobby or recreational purposes.
Somewhat surprisingly, the legal challenge does not come – as many hobbyists expected – from the Academy of Model Aeronautics. The AMA – which represents over 180,000 model aircraft enthusiasts -has asked its members to hold off on registering their drones until the legal deadline of February 19 for drones owned before December 21, 2015. (Those bought on or after that date must be registered before operation.) The registration requirement applies to drones weighing .5 to 55 pounds. The AMA has stated that it believes the FAA’s new registration rule violates Section 336.
MORE-0 http://www.forbes.com/sites/johngog...-federal-court-over-drone-registration-rules/
The lawsuit challenging the FAA registry was filed in the Court of Appeals for the District of Columbia on December 24 by a model aircraft enthusiast concerned that the registration rules were illegal. That individual is John A. Taylor, a multi-rotor builder and flyer living in Silver Spring, Maryland. An insurance attorney, Mr. Taylor is representing himself. He started flying model aircraft approximately one year ago and has become passionate about the hobby. He expected other hobby groups or drone manufacturers to file suit against the registration rules but when they didn’t, he decided to step up himself. Although he plainly admits that he has no aviation or administrative law experience, as a long-time litigator, he says he’s up to the challenge.
Mr. Taylor is requesting that the court “issue an order declaring that the [FAA's registration rule] is void” and prohibited by Section 336 of the FAA Modernization and Reform Act of 2012. He alleges that that section specifically prohibits the FAA from promulgating any new rules or regulations regarding model aircraft if they’re flown for hobby or recreational purposes.
Somewhat surprisingly, the legal challenge does not come – as many hobbyists expected – from the Academy of Model Aeronautics. The AMA – which represents over 180,000 model aircraft enthusiasts -has asked its members to hold off on registering their drones until the legal deadline of February 19 for drones owned before December 21, 2015. (Those bought on or after that date must be registered before operation.) The registration requirement applies to drones weighing .5 to 55 pounds. The AMA has stated that it believes the FAA’s new registration rule violates Section 336.
MORE-0 http://www.forbes.com/sites/johngog...-federal-court-over-drone-registration-rules/
