The U.S. Court of Appeals for the District of Columbia has issued a ruling vacating the FAA’s Registration Rule for small, unmanned aerial vehicles (UAVs, or drones) that are operated for recreational purposes. This ruling only impacts “recreational” or “model aircraft” and does not impact the FAA’s regulation of the fast-growing commercial UAV sector. In 2015, just prior to the Christmas shopping season, the FAA implemented what was known as the Registration Rule. Specifically, the rule required owners of small UAVs — operated solely for recreational purposes — to register the drone with the FAA. Separately, the FAA also published a notice, known as Advisory Circular 91-57A, announcing that model aircraft would be all but banned from Washington, D.C. airspace. A drone enthusiast living in the country’s capital filed suit against the FAA, alleging that the FAA exceeded its legislative authority in issuing both recreational drone restrictions and the Advisory Circular. The appeals court ruled that the FAA’s regulation of “model aircraft” was a clear violation of Section 336 of the FAA Modernization and Reform Act which prohibits the FAA from promulgating “any rule or regulation regarding a model aircraft.” However, the court denied the petitioner’s claim against the FAA’s Advisory Circular on Restricted Washington DC Airspace, not necessarily for policy reasons, but because any challenge to an FAA order must be filed within 60 days of the agency’s issuance of an order, and the petitioner filed his claim nearly two months after the FAA’s release of the Advisory Circular. Any users of commercial drones, including those who use UAVs to inspect telecommunications towers, survey right-of-ways for fiber projects, or for commercial agricultural applications, must still follow the FAA’s Part 107 rules, which went into effect in August of 2016.
