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Thread: DC Circuit Vacates Model Aircraft Registration Rule

  1. #1
    Instructor Pilot Channel 1's Avatar
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    DC Circuit Vacates Model Aircraft Registration Rule

    Petitioner John Taylor is a model aircraft hobbyist who is now required to register with the FAA. He has operated model aircraft from his home in the Washington, D.C., area, and he wants to continue to do so without registering or complying with the new flight restrictions. Taylor filed petitions in this Court to challenge the FAA’s Registration Rule and the Advisory Circular.

    To begin, Taylor does not think that the FAA had the statutory authority to issue the Registration Rule and require him to register. Taylor is right. In 2012, Congress passed and President Obama signed the FAA Modernization and Reform Act. Section 336(a) of that Act states that the FAA "may not promulgate any rule or regulation regarding a model aircraft." Pub. L. No. 112–95, § 336(a), 126 Stat. 11, 77 (2012) (codified at 49 U.S.C. § 40101 note). The FAA’s 2015 Registration Rule, which applies to model aircraft, directly violates that clear statutory prohibition. We therefore grant Taylor’s petition and vacate the Registration Rule to the extent it applies to model aircraft.

    http://www.wolfenstock.com/TaylorvFA...orFAAOrder.pdf

    http://www.wolfenstock.com/TaylorvFA...FAAOpinion.pdf




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  2. #2
    Thank you Channel 1 for letting us know.

  3. #3
    Just dog tired. Wearyman's Avatar
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    Aaand He WON! https://www.forbes.com/sites/johngog.../#128e63094238

    Chalk up another victory for Liberty!
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  4. #4
    The court found that the FAA’s drone registration rule, which debuted in Dec. 2015, conflicts with previous federal legislation from 2012 that said that the FAA lacks the authority to regulate “model aircraft.” The appeals court categorizes drones as model aircraft.

    ”Statutory interpretation does not get much simpler,” the appeals court said in siding with plaintiff John Taylor, a drone hobbyist from Washington, DC. “The Registration Rule is unlawful as applied to model aircraft.”
    Good to see at least someone in government has achieved the reading level of a 5th grader. We all knew the FAA was clearly overstepping their bounds. I want my $5 back plus a few thousand for violating my privacy.

  5. #5
    Navigator
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    Please send some of this resonable attitude and thinking up to us here in Canada now. Things are getting darker for us.

  6. #6
    Mistake Discovery Artist
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    As prelator pointed out to me in this sister thread http://fpvlab.com/forums/showthread....ismissed/page4

    You can login to the FAA's site where you first registered and cancel your registration. I just followed his lead and did it. It's quick, simple, and they had a box to fill in a reason for the cancellation to which I typed in something to the effect of "courts have found that the FAA violated the law by requiring this registration."

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