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The FAA May Not Have Killed Amazon's Drone Delivery Service After All
Amazon believes the FAA ruling is intended for hobbyist and model flying, not commercial use of drones. (www.businessinsider.com) Altro...
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Get real. They are not gonna fly packages above the sidewalks anyway soon. Will make great targets for any jackass with a pettet gun, scanner, rock, or even another drone. Will make USPS delivery look reliable. Thieves will love it. Lol
Pull! BLAM!
That's Big money wanting those commercial drones. I have mixed feelings. I'd love to see those things in action, but at some point in time one of those things will crash into somebodies windshield.
Yep, or into a child's head.
The recent ruling on the EPA by the Supreme Court made it clear that agencies may NOT extend their mandate simply by wishing it. There is nothing that gives the FAA control over model aviation and even though the FAA may want it, until it is given to them by Congress, they don't have the power to make rules that will hold up in court.In its 52 page decision, the court said, in relevant parts: "The Act-wide definition is not a command to regulate, but a description of the universe of substances EPA may consider regulating under the Act's operative provisions." and "Agencies empowered to resole statutory ambiguities must operate within the bounds of reasonable interpretation". Nothing in Title 14 of the Code of Federal Regulations or the United States Code, Title 49 gives the FAA authority over model aircraft. If they want that authority, they will need to go back to congress and get the law rewritten. And good luck with that one.
True, the FAA can't regulate model aircraft and they are not attempting to. You might want to read PUBLIC LAW 112–95, Subtitle B—Unmanned Aircraft Systems.
What the FAA is regulating are those UAS that are do not meet the congressional definition of a model aircraft.
Section 336 states "...the Administrator of the Federal Aviation Administration
may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft, if—
(1) the aircraft is flown strictly for hobby or recreational use;"
That section clearly defines that any UAS is considered a model only if its for hobby or recreational use.
"(c) MODEL AIRCRAFT DEFINED.—In this section, the term ‘‘model
aircraft’’ means an unmanned aircraft that is—
(1) capable of sustained flight in the atmosphere;
(2) flown within visual line of sight of the person operating
the aircraft; and
(3) flown for hobby or recreational purposes.
What the FAA is regulating are those UAS that are do not meet the congressional definition of a model aircraft.
Section 336 states "...the Administrator of the Federal Aviation Administration
may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft, if—
(1) the aircraft is flown strictly for hobby or recreational use;"
That section clearly defines that any UAS is considered a model only if its for hobby or recreational use.
"(c) MODEL AIRCRAFT DEFINED.—In this section, the term ‘‘model
aircraft’’ means an unmanned aircraft that is—
(1) capable of sustained flight in the atmosphere;
(2) flown within visual line of sight of the person operating
the aircraft; and
(3) flown for hobby or recreational purposes.
