<div dir="ltr"><br><div class="gmail_quote">---------- Forwarded message ----------<br>From: <b class="gmail_sendername">Mark Wintering</b> <span dir="ltr"><<a href="mailto:markwintering@gmail.com">markwintering@gmail.com</a>></span><br>Date: Mon, Dec 21, 2015 at 3:20 PM<br>Subject: Re: legal analysis of FAA registration<br>To: David Cook <<a href="mailto:dlcook083@gmail.com">dlcook083@gmail.com</a>><br><br><br><div dir="ltr"><div>It's free for 30 days (not 90 days)</div><span class="HOEnZb"><font color="#888888"><div><br></div><div>Mark</div></font></span></div><div class="HOEnZb"><div class="h5"><div class="gmail_extra"><br><div class="gmail_quote">On Mon, Dec 21, 2015 at 3:12 PM, Mark Wintering <span dir="ltr"><<a href="mailto:markwintering@gmail.com" target="_blank">markwintering@gmail.com</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;padding-left:1ex;border-left-color:rgb(204,204,204);border-left-width:1px;border-left-style:solid"><div dir="ltr"><div>Hi Dave:</div><div><br></div><div>in 2012, Congress passed the 2012 FAA Modernization and Reform Act. Section 336 prohibits the FAA from passing regulations for model aircraft meeting five criteria (which I paraphrase):</div><div>For hobby or recreation only</div><div>Following safety standards of national community based organization (read AMA)</div><div>Not exceeding 55 lb (some exceptions allowed)</div><div>Not interfering with manned aircraft</div><div>With prior notice to airport within 5 miles.</div><div><br></div><div>On 6/25/14, the Department of Transportation filed comments in the Federal Register. On 8/22/14, the AMA filed Case #14-1158 in the DC Court of Appeals because the AMA disagreed with DOT and FAA about regulations on hobbyists after the 2012 law. The AMA petition and the DOT's publication in the Federal Register are attached. AMA's lawsuit has been placed on hold by the court until some other related litigation is completed. Every 90 days the FAA gives the court a brief status report. See the attached report filed 11/3/15 where the FAA said it's reviewing the 33,000 comments in response.</div><div><br></div><div>The FAA argues the 2012 law only prohibits new regulations; that it can continue to enforce existing ones. FAA argues model aircraft are aircraft, and that Congress earlier gave the FAA authority to act whenever any aircraft threaten or create hazards in the National Airspace System NAS. FAA agrees it cannot make new regulations for hobbyists following the five criteria, but issues its interpretation of those criteria, such as saying hobbyists must use line of sight--no FPV goggles. And no commercial use, including paid instructors. Read the attached stuff for more detail.</div><div><br></div><div>As to the recent DOT and FAA registration regulation the FAA says models are aircraft. It has always had the authority to register aircraft, and a requirement to charge a registration fee. It didn't register models in the past. but always could and now will. The AMA is trying to talk the FAA into accepting the AMA membership number we write in our planes as a substitute. I'm guessing the FAA won't agree. There are way more present and future hobbyists outside the AMA than inside it. I think the FAA wants its own database, not one with the AMA's cobbled on it.</div><div><br></div><div>I skimmed the legal blog you attached. My impression is the author knows way more than I do about the fine points of administrative law. He may have a valid point that much of what the FAA proposes is really "new" and therefore prohibited. But his main point is that it costs a lot of money to legally fight such regulations. Will the manufacturers pay for drawn out litigation? The AMA may be thinking of filing for a temporary restraining order followed by an injunction to try and stop the registration of hobbyists, but I have not seen the AMA file anything new. Courts don't like to issue such orders. They like the lawsuit to play out first.</div><div><br></div><div>My prediction is that we will have to register. And I really don't think registration is onerous. It's free for 90 days. You get one number you write anywhere in your plane someone can find it without a lot of tools. Not a big deal. </div><div><br></div><div>Further restrictions like line of sight vs FPV will have to be ruled on in the courts. </div><div><br></div><div>I read many pages of comments on the RCGroups website. For every thoughtful remark, there were 20 frankly crazy paranoid ones. A few all but threatened the government. I understand that the vast majority of modelers are not the problem. And maybe the courts will have to rein the DOT and the FAA in a bit. But current model aircraft have way more capacity to interfere with the NAS than when I got into the hobby. I don't think you can blame the DOT and FAA for trying to get out in front of such problems.</div><span><font color="#888888"><div><br></div><div>Mark</div><div><br></div><div><br></div><div><br></div></font></span></div><div><div><div class="gmail_extra"><br><div class="gmail_quote">On Mon, Dec 21, 2015 at 11:53 AM, David Cook <span dir="ltr"><<a href="mailto:dlcook083@gmail.com" target="_blank">dlcook083@gmail.com</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0px 0px 0px 0.8ex;padding-left:1ex;border-left-color:rgb(204,204,204);border-left-width:1px;border-left-style:solid"><div dir="ltr"><div>Here's an interesting legal analysis:<br><br><a href="http://jrupprechtlaw.com/myrupprecht-laws-analysis-of-the-faas-published-drone-registration-rule" target="_blank" rel="noreferrer">http://jrupprechtlaw.com/myrupprecht-laws-analysis-of-the-faas-published-drone-registration-rule</a></div><div><br></div><div><br></div><div>I tried to read this and the first sentence it was way over my head. Maybe you can bring this down to penut-butter-and-jelly for us. The treads on the internet are on fire. I hope my computer doesn't catch fire reading the comments. </div><span><font color="#888888"><div>DC</div><div><br></div><div><br></div></font></span></div>
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