The FAA’s drone registry is unlawful. So says the U.S. Court of Appeals for the D.C. Circuit.
Way back when the 2012 FAA Modernization and Reform Act was passed, the legislation stated “that the FAA ‘may not promulgate any rule or regulation regarding a model aircraft.’”Circuit Judge Brett M. Kavanaugh wrote, “Statutory interpretation does not get much simpler. The Registration Rule is unlawful as applied to model aircraft.”
Shame on you FAA for promulgating a rule. Don’t let it happen again… unless Congress gives you that power.
I’ll be honest. This make me think of Schoolhouse Rock.
And yet, the FAA is “carefully reviewing” the decision, according to officials.
“The FAA put registration and operational regulations in place to ensure that drones are operated in a way that is safe and does not pose security and privacy threats,” read an FAA statement.
It must be nice for FAA personnel to be able to repeatedly conjure up safety, security and privacy as justification for doing anything — even if what they are doing doesn’t make sense.
After all, if registration is the answer, then why do some people drive in an unsafe way? Why do boaters operate unsafely from time to time? Why are camera manufacturers allowed to sell telephoto lenses that can read a newspaper article from a quarter mile away? Why do we have public roads next to power stations?
Simply put… registration isn’t the answer. At least not to the question the FAA says it wants to answer. Never has been. Never will be.
Since no FAA official will pay a fine or serve time or even be demoted or re-assigned, I wonder what the consequences are for those who promulgated an unlawful rule.
Who’ll get their knuckles rapped?