The Federal Aviation Administration’s rules requiring the registration of drones – or unmanned aerial vehicles – weighing more than half a pound, have been ruled illegal by a federal appeals court.
The FAA issued the rules back in October 2015, but the half-pound threshold specified is small enough to cover remote-controlled drones from department stores. A Washington, D.C. resident named John Taylor sued in February 2016, arguing that the FAA’s rules directly contradict a separate federal law barring the government from regulating model aircraft.
A three-judge panel from the U.S. Court of Appeals for Washington ruled Friday that the FAA rules do violate its own 2012 FAA Modernization and Reform Act, which provides that the administration “may not promulgate any rule or regulation regarding a model aircraft.”
The court ruled that the FAA can regulate drones, but in order to do so, it must persuade Congress to repeal or change the 2012 law.
“Perhaps Congress should do so,” wrote Judge Brett M. Kavanaugh. “Perhaps not. In any event, we must follow the statute written.”
Model airplane enthusiasts are happy about the decision.
“For decades, AMA members have registered their aircraft with AMA and have followed our community-based safety programming,” the Academy of Model Aeronautics, a model plane group, wrote in a statement. “Federal registration shouldn’t apply at such a low threshold that it includes toys. It also shouldn’t burden those who have operated harmoniously within our communities for decades, and who already comply with AMA’s registration system.”
Not everyone is thrilled with the ruling, however.
“A UAS registration system is important to promote accountability and responsibility by users of the national airspace, and helps create a culture of safety that deters careless and reckless behavior,” the Association for Unmanned Vehicle Systems International (AUVSI) wrote.