http://www.avweb.com/eletter/archives/101/2752-full.html?ET=avweb:e2752:218609a:&st=email#221562N BC

NTSB Slaps FAA On Drone Regulation (Updated)

Update: On Feb. 7, the FAA announced that it has appealed the dismissal of its
civil penalty action against commercial drone operator Raphael Pirker to the
full National Transportation Safety Board. The appeal has the effect of staying
the law judge's decision until the full Board rules.

NBC News
http://www.nbcnews.com/tech/innovation/faa-fine-against-drone-photographer-dismissed-n46506
reported that a National Transportation Safety Board law judge dismissed a
civil penalty action brought by the Federal Aviation Administration against a
commercial drone operator. In 2011, photographer and reported skilled hobbyist
Raphael Pirker flew his Zephyr II drone over the University of Virginia campus,
recording photos and videos, which he sold to the university. In 2012 the FAA
brought a civil penalty action against Pirker, fining him $10,000 for a number
of violations of the Federal Aviation Regulations, including what attorneys
refer to as the FAA’s standard complaint: operating an aircraft in a careless
and reckless manner. Following a motion by Pirker’s attorney, Brendan Schulman,
to dismiss the penalty based on questions regarding the FAA’s authority to
regulate drones, the NTSB ruled in Pirker’s favor. Civil penalty actions of
this sort are brought by the FAA and heard through an administrative law
process before an NTSB administrative law judge with appeal rights to the full
Board of the NTSB and a portion of the U.S. federal court system.

The order dismissing the penalty action included the statement that “at the
time of Respondent’s model aircraft operation, as alleged herein, there was no
enforceable FAA rule or FAR Regulation, applicable to model aircraft or for
classifying model aircraft as an [Unmanned Aircraft System].” The NTSB’s ruling
“mean[s] that if you have this kind of aircraft [the FAA] is not going to be in
a position to fine you," Ryan Calo, professor of law at the University of
Washington, told NBC News. He expects the FAA will act to close the gap in
their regulation ability, or file an appeal. "I don’t think it’s time to let a
thousand drones fly, it’s time to watch and see how the FAA reacts," he said.
On Feb. 26
http://www.avweb.com/avwebflash/news/FAA-Debunks-Drone-Myths221521-1.html,
the FAA placed a strongly worded posting on its website
http://www.faa.gov/news/updates/?newsId=76240 asserting that it does
currently regulate commercial UAS operations and that they are prohibited
without FAA approval. Unless reversed on appeal, the NTSB ruling overcomes that
assertion, at least until the FAA enacts new regulations. Congress has directed
the FAA to come up with a plan for “safe integration” of UAS into the national
airspace system by Sept. 30, 2015. The FAA has said that such integration will
be incremental.