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#1 |
Ten Point
Join Date: Apr 2009
Location: Texas
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Appeals court strikes down FAA drone registration rule!!! WHHOOOHOOO!
someone with half a brain finally realized this is pure stupidity! Well , they already got my $5! i guess someone finally got tired of getting 100's of phone calls a day from hobbyists flying their quads in their back yard .... |
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#2 |
Eight Point
Join Date: May 2009
Location: Cedar Park
Hunt In: Mullen, Lockhart, Hays and Circle Dug
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#3 |
Pope & Young
Join Date: Jan 2008
Location: Golden Triangle
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They might appeal to the SCOTUS.
Hopefully they will keep the same ruling if it is taken by them. Looking at the law, it appears as though the appeals court was correct. The law states that the FAA cannot impose regulations or registrations on model aircraft operated for sport or recreation. It is not against the law to have such rules but Congress has to do it, not the FAA. |
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#4 |
Four Point
Join Date: Jan 2016
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The Appeals Court is wrong. The FAA is there to regulate aviation and air safety. The appeals court just voided part of that authority and open the door for more rulings possible jeopardizing air safety. Does this mean the FAA rule on 400ft for drones is also void ? They just opened up a can of stink without any knowledge of the subject.
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#5 |
Pope & Young
Join Date: Aug 2011
Location: Spring
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I won't care until it's legal to blast these **** things out the sky. Too many people with eyes where they don't belong.
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#6 |
Four Point
Join Date: Jan 2016
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#7 |
Pope & Young
Join Date: Oct 2006
Location: San Jose, CA
Hunt In: CA, CO, OR, and TX
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The decision quotes law saying the FAA can't regulate model aircraft. A drone and a model aircraft are not the same things.
Sent from my iPhone using Tapatalk |
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#8 |
Four Point
Join Date: Jan 2016
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The regs for model aircraft have not kept up with the development of them. 50 years ago a model plane was very limited in performance. Today they can easily climb into airspace used by passenger planes and create serious problems. It needs to be addressed.
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#9 |
Pope & Young
Join Date: Nov 2007
Location: Deep South TX
Hunt In: Deep South TX
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I had one flying about 10ft over me / front hood going 75mph while driving through Falfurious on 281 this week...now it had a really good tail wind, but surprised it kept up as long as it did.
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#10 |
Ten Point
![]() Join Date: Oct 2011
Location: gonzales tx
Hunt In: gonzales, and....
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you should look at some of the r/c ducted fan and jets that are available. WOW!!!
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#11 |
Ten Point
![]() Join Date: Oct 2012
Location: austin
Hunt In: Gillespie, San Saba & Kerr primarily
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Model Aircraft: A model aircraft is a small sized unmanned aircraft or, in the case of a scale model, a replica of an existing or imaginary aircraft.
Drones are model aircraft. The FAA overstepped their bounds. Appeals court rightfully interpreted the law and came to the only possible conclusion on this. If the Congress, which makes the laws in this country, wants to create a law requiring registration, they can do that. Bureaucrats at the FAA should not. |
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#12 |
Pope & Young
Join Date: Apr 2014
Location: San Angelo
Hunt In: Irion Co
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Nothing said about blasting out of the sky.
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#13 | |
Pope & Young
Join Date: Jan 2008
Location: Golden Triangle
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Safe? Unsafe? The court ruling was on lawful authority to tax and regulate and the FAA has none under the 2012 law. The Court might not know about flying aircraft but they can understand written law. |
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#14 | |
Pope & Young
Join Date: Jan 2008
Location: Golden Triangle
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That is like saying a tax on every container of drinking alcohol (which is the law) will stop DWI or registering firearms will stop crime. |
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#15 |
Ten Point
![]() Join Date: Nov 2010
Location: Humble, TX
Hunt In: Jewitt, TX or any where else I can find to go
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#16 |
Pope & Young
Join Date: Oct 2006
Location: Arlington
Hunt In: Jack/Young County
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I want a drone bad
Sent from my SM-G935P using Tapatalk |
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#17 |
Ten Point
Join Date: Nov 2008
Location: DFW
Hunt In: Parker County
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#18 |
Ten Point
Join Date: Nov 2008
Location: DFW
Hunt In: Parker County
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#19 |
Pope & Young
Join Date: Oct 2006
Location: Arlington
Hunt In: Jack/Young County
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#20 | |
Ten Point
Join Date: Nov 2008
Location: DFW
Hunt In: Parker County
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I have so many because I race, and I'm not very good at racing, so I crash alot. When I crash and break something I just grab another. |
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#21 |
Six Point
Join Date: Sep 2012
Location: North Texas
Hunt In: North Texas
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Is there anything prohibiting drones flying over restricted property?
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#22 | |
Pope & Young
Join Date: Oct 2006
Location: San Jose, CA
Hunt In: CA, CO, OR, and TX
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This is a model airplane ![]() This is a drone ![]() They both fly in the air. You can't seriously tell me they're the same. Sent from my iPhone using Tapatalk |
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#23 | |
Pope & Young
Join Date: Oct 2006
Location: San Jose, CA
Hunt In: CA, CO, OR, and TX
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It required a unique number on it with a way if I had a complaint, it may be traceable to the owner. Sent from my iPhone using Tapatalk |
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#24 |
Pope & Young
Join Date: Apr 2014
Location: San Angelo
Hunt In: Irion Co
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#25 |
Pope & Young
Join Date: Oct 2006
Location: San Jose, CA
Hunt In: CA, CO, OR, and TX
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I'm thinking of a product that looks like a fishing treble hook, weighs a couple ounces so you can cast it some distance and the hooks somehow collapse if it does not initially grab something.
Then you rig up 4 or 6 inexpensive fishing poles, and if a drone is over your property, there's no law against practicing casting on your own property. If you hook one, reel it in and fillet/pan fry in butter! Sent from my iPhone using Tapatalk |
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#26 |
Pope & Young
![]() Join Date: Oct 2008
Location: Harris County
Hunt In: IA + MA
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#27 |
Ten Point
![]() Join Date: Oct 2012
Location: austin
Hunt In: Gillespie, San Saba & Kerr primarily
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I can tell you that they are both "small unmanned aircraft," and if you disagree we don't speak the same language.
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#28 | |
Pope & Young
Join Date: Jan 2008
Location: Golden Triangle
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Yes, anything with a number is traceable if you can get your hands on it and it is registered. The problem is not what can be done but what Congress approved. The way I read the law, it clearly said that the FAA could pass no such rules for private use. |
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#29 | |
Pope & Young
Join Date: Jan 2008
Location: Golden Triangle
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What gives the FAA more authority to regulate one over the other under the definition of private use? Is it the camera? Maybe Congress should regulate cell phone cameras and audio recorders. The problem the court saw was not that something might not need regulating. It might. People are trying to make arguments over dangers and needed regulations. The only problem is that the FAA was never given that authority. To the contrary, I read the law Congress passed and it said that the FAA cannot regulate it. I have the feeling that if this was anything other than drones and a federal agency tried to pass their own laws without congressional approval (like the EPA did trying to regulate firearm ammo), the same people complaining over this court ruling would be raising 9 kinds of heck saying government overreach. |
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#30 | |
Pope & Young
Join Date: Nov 2007
Location: Deep South TX
Hunt In: Deep South TX
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Thank you!! The decisions should be based on the merits of the case & not the emotion of your opinion.
Change the freak'n laws, but don't blame the case for your disdain for or against. I fear big brother is coming. Quote:
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#31 |
Four Point
Join Date: Jan 2016
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What the court missed is the FAA does regulate airspace usage. There is/was a registration difference between model planes and drones. If the FAA cannot pass regulations concerning drone flights how did they put an altitude restriction on them ? Also the FAA requires anyone flying a drone for commercial purposes be a licensed drone pilot. They also have weight limits on drones for hobby use after which you need a license. Comparing to drone registration to gun registration is not a apples to apples comparison.
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#32 | |
Four Point
Join Date: Jan 2016
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#33 | |
Pope & Young
Join Date: Jan 2010
Location: Northern Wise County
Hunt In: Anywhere
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#34 |
Six Point
Join Date: Dec 2009
Location: Cleburne
Hunt In: Aquilla/Whitney
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I do think they should be registered, but it should be free. I've had aircraft report drones at 1000ft and just recently at 2800ft, even had one crashed on airport property near the runway (wasn't registered). The airport still has it.
Is it legal to drive a remote control car on the interstate? |
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#35 | |
Eight Point
Join Date: Nov 2014
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100% agree. Not everyone using them or who plan on using them are "hobbyists" as was mentioned in an earlier post. We can thank those with bad intentions for a lot of heartache and regulations in our life. That's simply the way life is now. Bottom line. Let's not try to argue that it will ever be the way it used to be. |
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#36 | |
Pope & Young
Join Date: Jan 2010
Location: Northern Wise County
Hunt In: Anywhere
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#37 | |
Pope & Young
Join Date: Jan 2008
Location: Golden Triangle
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The Court said that Congress has the constitutional authority to make laws. They did so including the commercial use not being considered modeling. The same law specifically says that the FAA on its own cannot make such rules regarding model aircraft. There are two rules in the law. One is for unmanned aircraft and the exception to most of those rules in a "model aircraft". The rules you mention apply to unmanned aircraft. I agree.... as long as it is not a "model aircraft". What you are doing is applying two different parts of the law as if it is one. Specifically: SEC. 336. SPECIAL RULE FOR MODEL AIRCRAFT. (a) IN GENERAL.—Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this subtitle, 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,........ And what is "model aircraft"? Here is how the same section defines it... as a Congress passed law: (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. Please point out how the DC Appeals Court misapplied this section of the law defining model aircraft and the non-regulation of them. And yes, firearms registration is exactly the same as it relates to stopping endangering actions which is what you mentioned. Like somehow registering firearms would end the crazy violence in Chicago. Oh yeah, Chicago has firearms registration required and IL requires a gun owner's license to merely possess any firearm outside of the home. I wonder how those very restrictive laws are working for them.......... |
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#38 | |
Pope & Young
Join Date: Jan 2008
Location: Golden Triangle
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It is not a matter if those laws and rules are needed. It is only a matter of who is doing so. It is being argued that some laws are needed. Fair enough. There are bodies that are allowed to make such laws and the FAA in this case does not appear to be one of them. The Court of Appeals did not rule on the validity of laws needed. It did not rule that the FAA put out bad laws. It only stated that nothing in the law gives the FAA the authority to do it. In fact it specifically states that they "may not" makes such rules. If a remote control car is illegal on the interstate, it is because a state or federal congress said so. Therein lies the issue at hand. They have the constitutional authority to make such rules. The FAA does not. |
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#39 |
Pope & Young
Join Date: Oct 2006
Location: Houston and Brazoria
Hunt In: Fredericksburg, Kerrville, Brackettville and Brazoria
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It sounds like some of you want the court to legislate from the bench instead of inturprit the law as written.
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#40 | |
Six Point
Join Date: Dec 2009
Location: Cleburne
Hunt In: Aquilla/Whitney
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TVC and IRONMAN, I wasn't trying to debate the faa's authority, legalities is not a subject I'm well versed on. Apologies for the confusion. |
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#41 |
Pope & Young
Join Date: Jan 2008
Location: Golden Triangle
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#42 | |
Pope & Young
Join Date: Jun 2007
Location: Texas
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There are plenty of private pilots that would prefer to not be forced to comply with the 2020 ADS-B transponder mandate. |
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#43 |
Pope & Young
Join Date: Dec 2010
Location: Waxahachie,Tx
Hunt In: concho co. tx
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So do I..A young man from Austin had one at the resort we stayed at in Mexico.He took some really cool pics of the reef,and sea turtles.Sent it out 500 yards from the beach,and about 40-50' up.Really cool.
Sent from my SAMSUNG-SM-G900A using Tapatalk |
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#44 | |
Pope & Young
Join Date: Jan 2008
Location: Golden Triangle
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Only a congress (state/federal), county government or city government can make laws, period. Non-elected people have absolutely no authority to decide when and where to make laws. However..... One of those government bodies can give a commission/administration/council/whatever the authority to make rules, by law. In other words the elected officials have to pass a law that says something to the effect, "you have the authority to set prices of fishing licenses" or "You have the authority to set rules for vehicle inspections or "You have the authority to regulate airspace". I think one of those elected government bodies absolutely has the authority to grant such power. So yes, the FAA has authority where given, by the US Congress. The FAA can control airspace and does so. This is about registration. In this case the US Congress specifically said that the FAA does not have that authority. I quoted the law above. This is a quote from the court ruling: "In short, the 2012 FAA Modernization and Reform Act provides that the FAA “may not promulgate any rule or regulation regarding a model aircraft,” yet the FAA’s 2015 Registration Rule is a “rule or regulation regarding a model aircraft.” Statutory interpretation does not get much simpler." I have a hard time finding a valid argument against the Court's statement. The appeals court did not throw out laws for causing danger due to aircraft operations. Those rules are still in effect. The appeals court did mention some FAA local rules such as a ban on drones around DC. They did not rule on that issue which may or may not be valid. Since the petitioner did not file that appeal in a timely manner it was not ruled on. |
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#45 | |
Four Point
Join Date: Jan 2016
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#46 |
Pope & Young
Join Date: Sep 2008
Location: Euless, Texas
Hunt In: Sterling County
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Now all we need is for legislature to pass a law that makes it LEGAL to shoot them out of the sky when they are flying above your house. That'll show em who's boss.
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#47 |
Pope & Young
Join Date: Sep 2008
Location: San Marcos/Hempstead
Hunt In: Jim Wells
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I'm always for fellow Americans calling for more government regulations...
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#48 | |
Pope & Young
Join Date: Jun 2007
Location: Texas
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Once it's registered or, licensed, that's only the beginning. It juts gets more and more restricted until it's difficult to maintain compliance or until you just can't afford it. Look at recreational aircraft and everything they deal with. The next costly rules go into effect January 2020. The drone guys dodged a bullet this go round. |
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#49 |
Six Point
Join Date: Sep 2012
Location: North Texas
Hunt In: North Texas
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I guess I could've worded it better, but I haven't answered my own question.
The "property" I was referring to is restricted - sensitive municipality property. We recently had a drone flying over this area. It could be just a curious recreational drone owner wanting to know what is beyond the fence. But there's also the possibility that it could be used for scouting a potential target. FYI, failure of this structure could result in loss of life and property for thousands. Its my understanding that restricting airspace is separate issue from restricting property. Is this correct? |
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