It was a sunny, warm Friday on May 19, 2017, during the annual Joe Nall event when we learned that the U.S. District Court in Washington, D.C. ruled in favor of John Taylor, striking down the FAA’s registration requirement for all pilots who fly anything that weighs more than .55 pounds.
I have heard that some think this is a great thing and that the FAA has been taken down a couple of pegs. I also have heard, primarily through the blogs on the internet, that Taylor did something about FAA registration and AMA didn’t. I want to address this.
We applaud what Mr. Taylor accomplished on behalf of nonparticipating modelers, but there are consequences that AMA members need to be aware of. AMA has always taken the stance that our members shouldn’t be required to register with the FAA, because as a community based organization, it was counter to Section 336 of Public Law 112-95, and that our members have already registered with us. But, because of registration, Congress saw that the FAA had a means to help ensure safety pertaining to drones in the national airspace.
Shortly after the FAA announced that registration would be required, the AMA Executive Council discussed whether we should take legal action against this new FAA regulation. It was easy to get upset about this, and although getting retribution might make us feel better, we had to consider the long-term consequences.
Both our legal counsel and lobbyist advised against filing a lawsuit because it would likely have a negative impact with Congress, and Congress gave us Section 336. The real priority for our members was staying focused on modifying the FAA’s Interpretive Rule to Section 336, and guaranteeing that Section 336, at the very least, stays in place, and is hopefully enhanced in the new FAA Reauthorization Bill. Whether or not you liked the FAA registration requirement, the reality is that it was a minor inconvenience for most of us. Unless you take time to analyze the real-world situation here, you likely won’t recognize one possible scenario because of this court decision.
With the elimination of FAA registration, Congress could feel the need to remove Section 336 from this year’s FAA Reauthorization Bill in order to give the FAA full authority over drones and model aviation in this country. This would eliminate the carve-out for model aviation and for a community based organization, which AMA obtained in 2012 in Public Law 112-95.
As I write this, it is only a possibility. No one can predict what Congress will do. We could possibly see an increase in potential drone legislation from state and local governments. As we always have, AMA will be engaging Congress and lobbying that Section 336 should be enhanced and expanded. We will argue that our members aren’t the problem, they are the solution.
It is expected that other drone organizations and manufacturers will lobby Congress to include a registration component in the new FAA reauthorization bill, so don’t be surprised if registration comes back.
More regulation won’t improve safety if the people who are flying aren’t educated and don’t understand the rules. I feel that manufacturers, dealers, and retail sources, including those offshore, should be required to provide preliminary education information. If they want to sell their drone products here, they should participate in the Know Before You Fly program and provide safety information to their customers. The FAA, through Congress, needs to step up its game and fund more educational resources concerning its rules to the drone community, as well as state, county, town, and city governments.
The FAA and Congress should understand that safety has always been, and will always be, an individual’s responsibility to comply with governmental laws. Don’t penalize the very people who have been doing it right for more than 80 years. The FAA needs to get serious about enforcement. It is the only way to convince potential violators that laws need to be followed. To our members, stay mindful of AMA’s correspondence to you. We might need our members’ intervention with Congress as the year progresses.
Gary Fitch, Executive Vice President
Model Aviation August 2017