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Man who built gun, flamethrower drone must comply with FAA, judge says
A federal judge in Connecticut has ruled against a young drone operator and his father. They will now have to turn over a slew of documents and materials as part of a Federal Aviation Administration investigation. The two men and their legal team argued that the FAA lacks authority to regulate drones, but the FAA clearly disagrees with this assessment. (arstechnica.com) Más...Sort type: [Top] [Newest]
The FAA has no enforcement authority whatsoever over a non-airmen private citizen. This judge is violating this person's constitutional rights. Big brother is completely out of control at this point.
See 49 U.S. Code § 40102(a)(8)(A) - by operating the UAV they became airmen.
https://www.law.cornell.edu/cfr/text/14/91.15
It even applies to non-pilot ground crew.
https://www.law.cornell.edu/cfr/text/14/91.15
It even applies to non-pilot ground crew.
The FAA's statutory and regulatory authority extends over the entirety of the national airspace from the ground up, including flight management and efficiency, air traffic control, aviation safety, navigational facilities, and the regulation of aircraft noise at its source, including the operation of unmanned aircraft systems. This includes enforcement authority over anyone violating said statutes and/or regulations.
That is what the FAA would like you to believe. While our national airspace does go to the surface the FAA regulates from 500' and up except around airports and various other areas since 9/11.
You're correct that the FAA gets to decide, because Congress _gave them the authority_. See 49 U.S.C. § 40103(b)(1):
https://www.law.cornell.edu/uscode/text/49/40103
If you read closely, the FAA has the unconditional authority to regulate the navigable airspace. Unfortunately, Congress did not precisely define navigable airpsace. There have been a mishmash of court cases (even a Supreme Court cas) and other laws and regulations that make the situation not very clear but
Your 500' figure likely comes from 14 CFR § 91.119(c) which is a FAA regulation.
The ability of the FAA to require aircaft to fly above certain altitudes directly implies the ability of the FAA to require aircraft to NOT fly above certain altitudes.
https://www.law.cornell.edu/uscode/text/49/40103
If you read closely, the FAA has the unconditional authority to regulate the navigable airspace. Unfortunately, Congress did not precisely define navigable airpsace. There have been a mishmash of court cases (even a Supreme Court cas) and other laws and regulations that make the situation not very clear but
Your 500' figure likely comes from 14 CFR § 91.119(c) which is a FAA regulation.
The ability of the FAA to require aircaft to fly above certain altitudes directly implies the ability of the FAA to require aircraft to NOT fly above certain altitudes.
I wish we had more laws. People in America have far too much freedom. We should make sure that everything is regulated.
I find it very interesting that the article referenced the FAA's need to find out how much money was made from the video...
Honestly? I would not have complied either.
Unfortunately, people push everything to their limits and so regulations need to be made.