Spitfire76

Drone Registration for Hobbyist

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22 hours ago, KWI said:

If you follow Alan's link to the FAA FAQs it clearly states:

If you operate your UAS exclusively under the Special Rule for Model Aircraft, you can voluntarily use the web-based registration process to register once and apply your registration number to as many UAS as you want.

Unmanned aircraft flown not as model aircraft must be registered individually by the owner, and each registration costs $5. Registrants must supply their name, address, and email address, in addition to the make, model, and serial number (if available) for each UAS they want to fly.

So, if you fly strictly under the Special Rule for Model Aircraft (Public Law 112-95 Section 336) you do not have to register.

If you fly under the FAA's Small UAS Rule (14 CFR part 107) you must register each UAS that you own separately, as a non-modeler.

The FAA will likely update this page soon. Last time this happened, it took them a handful of weeks to make the changes to their FAQ page.

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Another class action law suite is in the works regarding drone registration for hobbyists. This time its not John Taylor who filed the one last year but his brother Robert Tylor. Could be interesting to follow as his requesting damages of $1000 for each of the 836,796 registrations!. 

https://jrupprechtlaw.com/taylor-v-faa-drone-registration-class-action-lawsuit

 

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2 hours ago, Spitfire76 said:

Could be interesting to follow as his requesting damages of $1000 for each of the 836,796 registrations!. 

That'll get the FAA's attention...

"Count III alleges that the FAA “violated Plaintiff and the Class’s Constitutional and privacy rights by unlawfully promulgating the Registration Rule and enforcing the Registration Rule without any statutory authority to do so."

This is why the FAA have lost ALL previous cases and why they will loose this one.  Doesn't mean we'll see $1000 but - maybe.

Its against the law for any government agency to promulgate:

promulgate |ˈpräməlˌɡāt| verb [ with obj. ] - put (a law or decree) into effect by official proclamation.

any rule without following the NPRM.

They must follow a procedure for creating laws and those laws cannot be arbitrary and capricious.  The FAA can't meet with a couple of officials and unilaterly decide to collect $5 from everyone "let start a drone registration" and they also can't go to the congress and offer them $5 to make it a law.

When we started ACUAS.org a lot of people said there was no way that individuals could influence the rules for commercial drone operations, they also said the FAA makes the rules and this is not a constitutional issue, but look at what happened.  At the time to get a 333 exemption you had to be a licensed pilot, why?  Who made the determination that was a requirement?  How did they come to that decision?  The 333 process itself was "arbitrary and capricious" which is why the FAA HAD to do got through the NPRM process.  

Also at that time you had several lobbyists, like the Small UAV Coalition whose members paid up to $500K to join, 3DR, Amazon, DJI, AirMap, AirWare, to name a few, all of these companies clearly had an agenda.  SUAV Coalition wrote lots of white papers, lots of PR, they even threw a party for congressional staffers (with a band!) to try and influence congress and the FAA to meet "their" members requirements.  

On February 15, 2015 the FAA issued the NPRM and in some small way we were vindicated.  For all their money and influence the SUAV Coalition didn't get a single requirement they were lobbying for into rule 107, yet the NPRM process produced a framework that was much more representative of the individuals rights to operate a drone commercially.  Without the NPRM we'd probably be required to be a licensed "commercially" rated pilot and could only fly prohibitively expensive certificated aircraft.  

The NPRM is the process the FAA and congress developed to create the rules, its what gives them the statutory authrity to enforce them.  If they don't follow it, they have NO authority.   

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