D.C. CIRCUIT UPHOLDS FAA SYSTEM FOR REGISTERING UNMANNED AIRCRAFT SYSTEMS
August 3, 2018
On July 6, 2018, the U.S. Court of Appeals for the D.C. Circuit rejected the arguments of hobbyist John Taylor, who had successfully overturned the FAA’s system for registering unmanned aircraft systems (UAS) in 2017 (Taylor v. Huerta, No. 15-1495 (D.C. Cir. May 19, 2017)).
The original suit arose out of the FAA Modernization Act of 2012, which gave the FAA authority to regulate UAS. The law specified that certain UAS models flown by hobbyists and which followed specific safety rules were exempt from FAA oversight. Subsequently, in December 2015, the FAA issued the Registration and Marking Requirements for Small Unmanned Aircraft rule (Registration Rule). The Registration Rule targeted “model aircraft,” which are unmanned aircraft capable of sustained flight in the atmosphere, flown within visual line of sight of the operator, that are flown for hobby or recreational purposes. Mr. Taylor alleged the Registration Rule violated a provision in the FAA Modernization Act of 2012 and that all UAS hobbyists, not only those specified by Congress, should be exempt from FAA’s jurisdiction.
Despite acknowledging that Congress intended to grant limited exemptions to certain hobbyists, the D.C. Circuit upheld the FAA’s authority over UAS flown by hobbyists, stating that “because the rule is within the agency’s statutory authority and is neither arbitrary nor capricious, the petition for review is denied.”
The ruling sets precedent and paves the way for further federal regulation of UAS, including the FAA’s expected release of new regulations later this year that will permit UAS flights over crowds and will require most or all UAS to employ radio beacon identification systems.
If you have any questions, please contact Evelyn Sahr (esahr@eckertseamans.com or 202-659-6622); Drew Derco (dderco@eckertseamans.com or 202-659-6665), or Alexander Matthews (amatthews@eckertseamans.com or 202-659-6633).
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