Appeals Court Strikes Down FAA Rule Requiring Recreational Drone Users to Register

A federal appeals court struck down a Federal Aviation Administration requirement that recreational drone users register their model aircraft, ruling that the agency lacks the statutory authority to impose that mandate. In its Friday opinion (in Pacer), a three-judge panel with the U.S. Court of Appeals for the D.C. Circuit sided with hobbyist John Taylor. Judge Brett Kavanaugh wrote in the opinion that the 2012 FAA Modernization and Reform Act says the agency "'may not promulgate any rule or regulation regarding a model aircraft,' yet the FAA’s 2015 Registration Rule is a 'rule or regulation regarding a model aircraft.' Statutory interpretation does not get much simpler. The Registration Rule is unlawful as applied to model aircraft." In a statement, the FAA said it's "carefully reviewing" the decision and considering options. "The FAA put registration and operational regulations in place to ensure that drones are operated in a way that is safe and does not pose security and privacy threats," said the agency. Association for Unmanned Vehicle Systems International CEO Brian Wynne said in a statement his group is "disappointed" with the decision. The registration system is needed "to promote accountability and responsibility by users of the national airspace, and helps create a culture of safety that deters careless and reckless behavior," he said. In December 2015, the FAA created a system that required owners of small drones to pay a $5 registration fee (see 1512140019).