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Discussion Federal Appeals Court: FAA Registration Rule violates Section 336

Discussion in 'Giant / Scale RC General Discussions' started by Xpress, May 19, 2017.

   
  1. Xpress

    Xpress GSN Sponsor Tier 1

    This is some interesting news....

    http://www.wolfenstock.com/TaylorvFAA/TaylorFAAOpinion.pdf

    "In short, the 2012 FAA Modernization and Reform Act provides that the FAA “may not promulgate any rule or regulation regarding a model aircraft,” yet the FAA’s 2015 Registration Rule is a “rule or regulation regarding a model aircraft.” Statutory interpretation does not get much simpler. The Registration Rule is unlawful as applied to model aircraft."

    "The FAA’s arguments to the contrary are unpersuasive. First, the FAA contends that the Registration Rule is authorized by pre-existing statutory provisions that are unaffected by the FAA Modernization and Reform Act. Specifically, the FAA notes that, under longstanding statutes, aircraft are statutorily required to register before operation. See 49 U.S.C. §§ 44101, 44103. But the FAA has never previously interpreted that registration requirement to apply to model aircraft. The FAA responds that nothing in the 2012 FAA Modernization and Reform Act prevents the FAA from changing course and applying that registration requirement to model aircraft now. The FAA claims that the Registration Rule is therefore not a new requirement at all, but merely a “decision to cease its exercise of enforcement discretion. We disagree"

    "The FAA’s Registration Rule violates Section 336 of the FAA Modernization and Reform Act. We grant Taylor’s petition for review of the Registration Rule, and we vacate the Registration Rule to the extent it applies to model aircraft. "
     
    49dimes, Alky6 and pawnshopmike like this.
  2. Alky6

    Alky6 100cc

    Interesting. Will wait and see how this shakes out and how it relates to "commercial" use of drones.... Does this eliminate the need for the drone pilots license for commercial use of drones?
     
  3. Xpress

    Xpress GSN Sponsor Tier 1

    The FAA still has the option to appeal the ruling, but some are saying that they probably will not. If this holds firm then the registration for model aircraft may go away.
     
    Luchnia, 49dimes and pawnshopmike like this.
  4. I don't think the licensing for commercial "Drones" will effected by this. This just eliminates the useless $5 registration every 3 years with the FAA.

    I'm cautiously optimistic, I've dealt with the FAA since I was old enough to stand up (I LITERALLY grew up on an airport) and they don't like being told they cant do something, so I half expect some kind of retaliation. But maybe this time they will cut their losses and move on.

    This is the second time the FAA has been told what to do in less than a month, as Basic Med, the third class medical exemption, went into effect the first of the month.
     
  5. Luchnia

    Luchnia 70cc twin V2

    Knowing the FAA they will find other ways to put legislation on our model planes. Hopefully this turns out good, but in most cases things like this only lead to further ridiculous legislation. Gubmint likes to do it their way even if it makes no sense at all.
     
  6. Flyin4fun

    Flyin4fun 70cc twin V2

    NO...the ruling specifically states that the overruling of the registration process only applies to those that fly under section 336.....
    Those that fly commercial, and those that do not fly under the rules of section 336 automatically fall back to part 107 where you still have to register your aircraft..... but apparently part 107 also applies to those that are NOT AMA members...according to the Q and A section that is posted after the official judge ruling.
     
  7. copper090

    copper090 New to GSN!

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    It is really interesting. But I want to know how this shakes out.
     
  8. dhal22

    dhal22 GSN Sponsor Tier 1

    Unregistered planes would have numbered in the 10's of thousands for years to come. If and ever one was used for malicious purposes it wouldn't be a registered one.
     
    thurmma likes this.

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