FAA In Federal Court Over Drone Registration

Drone Registration Rules May Be On The Way Out Already!

There is hope yet for those worried about the FAA’s new rules for Drone Registration.

The suit has been filed in the Court of Appeals for the District of Columbia on December 24th by an amateur drone enthusiast and professional insurance attorney names John A. Taylor. It is hoped that the court will agree that the public availability of the information on the drone registry makes the current registry illegal. Currently the database is open to anyone in the public who wishes to look up this information. The public aspect of the database has made many enthusiasts delay and hold off on registering their drones for privacy concerns. The concern for the public becomes a much bigger factor when you realize that children as young as 13 are required to register their drones before piloting them.

Mr. Taylor is requesting the court “issue an order declaring that the registration rule is void” and prohibited under Section 336 of the FAA Modernization and Reform Act of 2012. It is alleged that the section in question specifically prohibits the FAA from creating any new rules or regulations regarding model aircraft flown for recreational purposes. Because of this seemingly gross oversight of the original creation of these rules Mr. Taylor requested an emergency stay of the FAA’s registration requirements. It was deemed that Mr. Taylor did not meet the strict requirements for an emergency stay thus the registration requirements will continue at least until the case finishes its journey through the legal system.

While the AMA have declined to comment specifically on the lawsuit, its director Dave Mathewson said in an email response “AMA has been clear about our disappointment with the new rule for UAS registration. From the beginning of this process, we have argued that registration makes sense at some threshold and for those operating outside of a community-based organization or for commercial purposes. But for our members who have been flying safely for decades and who already register with AMA, we strongly believe that the new interim rule is unnecessary. That is why our Executive Council unanimously voted to look at all legal and political remedies to relieve and protect our members from regulatory burdens. On a parallel track, we are also discussing with the FAA ways to potentially streamline the registration process for our members.”

Although Mr. Taylor has no aviation or administrative law experience, as a long-time litigator, he believes he is up to the challenge.

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