Isn’t The Taylor Ruling A Cause For Celebration?

john a taylor

Wait a minute you say, I thought the ruling was a good thing. So did I, but some of the more renowned drone advocates and experts do not appear to agree.

  • AUVSI – “AUVSI is disappointed with the decision today by the U.S. Court of Appeals to reject the FAA’s rule for registering recreational unmanned aircraft systems (UAS). 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. We plan to work with Congress on a legislative solution that will ensure continued accountability across the entire aviation community, both manned and unmanned.” from AUVSI STATEMENT ON U.S. COURT OF APPEALS DECISION ON UAS REGISTRATION
  • Small UAV Coalition – “The viability and growth of the UAS industry is contingent on the safe and responsible integration of UAS technology. This is only possible if all operators – commercial and recreational alike – understand their responsibilities and remain informed of the evolving standards around UAS technology. Today’s ruling generates uncertainty by eliminating a tool developed to maintain accountability and enable streamlined communication between the FAA and recreational UAS operators. The FAA must have appropriate authority to maintain reasonable oversight of UAS operations, including management of a national UAS registry, which is the first step to identifying UAS operating in the national airspace. A lack of reasonable authority will inhibit safe integration and ultimately obstruct commercial UAS operations, putting the United States at risk of falling behind global competitors who are increasingly embracing the benefits of UAS. The Small UAV Coalition looks forward to working with lawmakers and regulators to ensure that the FAA has the authority necessary to facilitate the safe, widespread, and expeditious integration of UAS into the national airspace (NAS).” – Press Release on Small UAV Coalition Website
  • Commercial UAV Alliance – The Commercial Drone Alliance is committed to promoting the safety and security of the National Airspace System (NAS). We believe registering drones and having reliable identification of all operators is critically important to holding operators accountable, and enhances the safety of the NAS. The registration requirement also provided much-needed education around the rules for safe hobbyist drone flight. As a policy matter, we believe the lack of a registration requirement could ultimately jeopardize the safety and security of the NAS. The Alliance looks forward to working with Congress to ensure that the FAA has clear authority to require registration of all drones, including hobbyist drones. –Press Release
  • Drone Manufacturer’s Alliance – “DMA is studying the implications of today’s registration-related court ruling, but believes the existing system has worked well to protect the interests of safe and responsible pilots as well as the interests of society at large. As we wait for word on whether the FAA will appeal this ruling, we hope all sides see the benefit of a reasonable and minimally restrictive form of basic regulation that has helped make drone operations in America overwhelmingly safe. We look forward to working with policymakers on a long-term legislative solution.” –Press Release

It makes folks wonder if these groups are advocating for the drone industry or arbitrary policy? First, we had the Congress say no regulation of the hobby with Sec. 336.  Now we have the courts unanimously agreeing that the FAA could not regulate model aircraft flyers that fell into the protections of 336. The court sharply said, “Statutory interpretation does not get much simpler. ”  

Commercial end-users might expect qualified representation or “advocates” to be clamoring for the FAA to enforce Part 107 and crackdown on folks operating outside of the FARs. You know, those scofflaws taking business away from their dues paying members and OEM customers who are trying to make an honest living. Instead, it sounds like a bunch of folks suffering from an acute case of Stockholm syndrome. 

These statements are not encouraging and only reinforce the notion that the hobbyist and commercial end-user lack credible representation in the NAS integration effort.

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Patrick Egan
Editor in Field, sUAS News Americas Desk | Patrick Egan is the editor of the Americas Desk at sUAS News and host and Executive Producer of the sUAS News Podcast Series, Drone TV and the Small Unmanned Systems Business Exposition. Experience in the field includes assignments with the U.S. Army Space and Missile Defense Command Battle Lab investigating solutions on future warfare research projects. Instructor for LTA (Lighter Than Air) ISR systems deployment teams for an OSD, U.S. Special Operations Command, Special Surveillance Project. Built and operated commercial RPA prior to 2007 FAA policy clarification. On the airspace integration side, he serves as director of special programs for the RCAPA (Remote Control Aerial Photography Association).