[Scan-DC] Washingtonian: This Illegal Drone Footage ofDC IsBeautiful

[Ed Tobias]

Apples vs oranges, I think.

In my layman’s reading of the Pirker case, the FAA held him to be in violation of its rule prohibiting the operation of an aircraft in a dangerous manner.  He, apparently successfully, has argued against that.  The DC flight, however, falls under the FAA regulation that governs flights inside special, restricted.  That’s a different animal.

(During the first Tractorcade in the early 1980s I made a flight in the WTOP traffic plane inside prohibited airspace.  We went up and down the Mall, between the Capitol and the Lincoln Memorial, several times at 1200 feet.  We had VERBAL permission from the Secret Service to fly inside P-56, but nobody told the FAA.  Needless to say, the FAA wasn’t happy with us, but our pilot only got a slap on the hand.  Sure wouldn’t try that today).


Ed


From: Jeff Krauss 
Sent: Monday, May 05, 2014 10:01 PM
To: Ed Tobias 
Cc: Dewey ; Scan-DC at mailman.qth.net 
Subject: Re: [Scan-DC] Washingtonian: This Illegal Drone Footage ofDC IsBeautiful

At 09:48 PM 5/5/2014, Ed Tobias wrote:

  Forget about defining "model airplanes." FAA rule 2009 also lists "Unmanned Aircraft Systems (UAS)" as prohibited in that airspace. That's the technical term for what are commonly referred to as "drones."   It seems pretty definitive to me.

Not definitive at all.  It's only an agency rule.
See http://www.wileyrein.com/publications.cfm?sp=articles&id=9455 and the NTSB ALJ decision.


  Ed
  Sent from my Verizon Wireless 4G LTE DROID. Please excuse typos.


  Jeff Krauss <jeff at krauss.ws> wrote:

  Of course, the FAA regulations are merely agency rules, not laws.
  They have the force of law until they are challenged, and overturned, 
  as being arbitrary and capricious.
  Model airplanes are prohibited?  Really?

  I stayed in a Holiday Inn not too long ago.




  At 09:14 PM 5/5/2014, Dewey wrote:
  >No argument with the question, after all, we are talking about human lives!
  >The problem is as Merlin already pointed out... "model aircraft" are
  >specifically listed as restricted in the DC FRZ.  However, it was the NTSB
  >Administrative Law Judge who pointed out the problem with the apparent lack
  >of definition for "model aircraft".  I'm not a lawyer, do not play one, and
  >don't remember if I've ever stayed at a Holiday Inn, but I still say that
  >the precedence has been set with the overturning of the FAA's fine.
  >
  >-----Original Message-----
  >From: Jeff Krauss [mailto:jeff at krauss.ws]
  >Sent: Monday, May 05, 2014 21:05
  >To: merlin at merlinjacobs.com; Dewey; Scan-DC at mailman.qth.net
  >Subject: Re: [Scan-DC] Washingtonian: This Illegal Drone Footage ofDC
  >IsBeautiful
  >
  >The FAA may well be overreaching on the general subject of those
  >model airplanes called "drones".
  >But is anyone going to take them on for their rules for the DC Flight
  >Restricted Zone?
  >
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