This Summer Is For Flying And Fighting

Why the drone industry needs your help.

- Jeffrey Antonelli

In this article, I am ringing the community alarm bell because, once again, our industry is under attack—but we still have time to contact Congress and demand action. This column will cover the recent court decision overturning the drone hobbyist registration rule of the Federal Aviation Administration (FAA), the 2017 FAA Reauthorization Act, and the 2017 Drone Federalism Act. This summer may be a tipping point regarding whether this industry will soon groan under the weight of not only hobby regulation but also a never-before-seen usurpation of federal airspace jurisdiction by local and state authorities; this effort will be aided by the federal actors themselves: U.S. Senator Dianne Feinstein and her Drone Federalism Act as well as the FAA Administrator himself, Michael Huerta. It takes a lot for me, a seasoned lawyer, to be shocked. But these recent events have gotten my attention; after you read this article, I hope you will also be prompted to take needed action.

We Won the Hobbyist Registration Case (But It’s Already Moot)

In May 2017, we received wonderful news: The D.C. Circuit Court of Appeals found in favor of RC hobbyist and insurance lawyer John Taylor. The court found that the FAA’s hobbyist registration regulation from 2015 violated Section 336 of the 2012 FAA Modernization and Reform Act. Specifically, the court stated: “Statutory interpretation does not get much simpler. The Registration Rule is unlawful as applied to model aircraft.” This was a terrific win, and I applaud Mr. Taylor for taking it on.