Submission + - The FAA Thinks It Can Regulate Paper Planes and Baseballs (vice.com)
Daniel_Stuckey writes: Ever throw a baseball? Or a paper plane? Watch out—the Federal Aviation Administration thinks that anything that flies through the air might be aircraft that it can regulate.
That’s a bit hyperbolic, but not by much. Last month, a federal judge ruled that the Federal Aviation Administration didn’t correctly regulate drones, so anyone could fly them legally. In that case, the judge decided two things: The FAA never made drone regulations and standard aircraft regulations the FAA has do not apply to drones because they aren’t “aircraft” in the traditional sense (at least as far as the FAA has traditionally defined them). In their original argument, the FAA said that it has the right to regular anything that flies through the air—and, in an appeal to that decision, they’ve decided to double down on the whole thing.
We’ve covered that case plenty, so if you need anything more than a quick primer, you can check out the specifics here. Basically what happened was, a couple years ago, a drone pilot named Raphael Pirker flew his 5 pound, styrofoam drone around the University of Virginia, and got paid to do it. That angered the FAA, who has been trying to keep commercial drone flights grounded. But, because they never actually made regulations, they went after Pirker for the “reckless operation of an aircraft,” which turned out to be a really bad idea, because the FAA has always specifically referenced “model aircraft” when it wants to talk about RC aircraft or drones. Furthermore, the statute they tried to get Pirker on references things like pilots walking around the cabin and flight attendants being distracting—clearly not something you can do on a foam drone.
That’s a bit hyperbolic, but not by much. Last month, a federal judge ruled that the Federal Aviation Administration didn’t correctly regulate drones, so anyone could fly them legally. In that case, the judge decided two things: The FAA never made drone regulations and standard aircraft regulations the FAA has do not apply to drones because they aren’t “aircraft” in the traditional sense (at least as far as the FAA has traditionally defined them). In their original argument, the FAA said that it has the right to regular anything that flies through the air—and, in an appeal to that decision, they’ve decided to double down on the whole thing.
We’ve covered that case plenty, so if you need anything more than a quick primer, you can check out the specifics here. Basically what happened was, a couple years ago, a drone pilot named Raphael Pirker flew his 5 pound, styrofoam drone around the University of Virginia, and got paid to do it. That angered the FAA, who has been trying to keep commercial drone flights grounded. But, because they never actually made regulations, they went after Pirker for the “reckless operation of an aircraft,” which turned out to be a really bad idea, because the FAA has always specifically referenced “model aircraft” when it wants to talk about RC aircraft or drones. Furthermore, the statute they tried to get Pirker on references things like pilots walking around the cabin and flight attendants being distracting—clearly not something you can do on a foam drone.
