FAA’s Loss in Drone Case May Spur Agency To Expedite Safety Regulation Process

On March 6, a National Transportation and Safety Board ALJ dismissed an FAA enforcement action over the use of a small unmanned aircraft.  The ALJ found that the aircraft in question, a modified model airplane, did not fit the FAA’s definition of “aircraft” and, therefore, that the FAA had no authority to regulate.  The FAA appealed the ruling to the U.S. Court of Appeals for the District of Columbia, explaining that the ALJ’s “decision could impact the safe operation of the national airspace system and the safety of people and property on the ground.”  The FAA also released a fact sheet stating that it regulates all unmanned aircraft used for commercial purposes.

Although the FAA has appealed the ALJ decision, the ruling highlights the gap in FAA regulations over unmanned aircraft.  As part of the FAA Modernization and Reform Act of 2012, the FAA plans to issues safety rules and regulations for smaller unmanned aircrafts before the end of 2014, which should help fill the gap in FAA regulations.  In light of the current ruling, however, the FAA may move more quickly, possibly issuing an emergency ruling addressing the issue of when an unmanned aircraft can be regulated.