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Federal Court Rules Hobbyist Drone Registration UNLAWFUL

To be clear. Very clear. DRONES are not registered with the FAA (unless there is some sort of commercial registration I am unaware of as a hobbyist). OPERATORS are. Each drone does not get a unique id number like a N tail number on aircraft. The ID received when you register as a uAS pilot is to identify the operator and is placed on all their drones. Same number across all drones.

That was my understanding as well, but not sure the FAA sees it the same way. Notice the bold type in the upper left of this letter.
 

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That was my understanding as well, but not sure the FAA sees it the same way. Notice the bold type in the upper left of this letter.
Your reply back to the faa should be that you plan on flying this as a hobbyist
and just for recreational use. It appears the previous owner is or was doing one of two things. Is a commercial uas pilot and this is one of his registered drones that he used in his business or he was a hobbyist and went thru and got a N number for the drone which makes it a registered civil aircraft.
 
Either way they know who has the drone now. Whether you register it or not. If you sell it at some point and do not send in the paper work saying you sold it and the new owned does something stupid with it and they recover the drone they will be coming to you.
 
Your reply back to the faa should be that you plan on flying this as a hobbyist
and just for recreational use. It appears the previous owner is or was doing one of two things. Is a commercial uas pilot and this is one of his registered drones that he used in his business or he was a hobbyist and went thru and got a N number for the drone which makes it a registered civil aircraft.
That was my thought as well. I will write them back for some clarification. And I have already done the registration thing and sent in my $5 previously for my P4. I have since acquired a Mavic and now an I2. It is my understanding that my one registration number covered all aircraft I might buy. But now since the court ruling I don't plan to put those numbers on my aircraft.
 
Either way they know who has the drone now. Whether you register it or not. If you sell it at some point and do not send in the paper work saying you sold it and the new owned does something stupid with it and they recover the drone they will be coming to you.
Yes, I suppose that was the thinking of the previous owner as well.
 
To be clear. Very clear. DRONES are not registered with the FAA (unless there is some sort of commercial registration I am unaware of as a hobbyist). OPERATORS are. Each drone does not get a unique id number like a N tail number on aircraft. The ID received when you register as a uAS pilot is to identify the operator and is placed on all their drones. Same number across all drones.

Not sure where you got your info, but here is a link to an FAA uas registration page that says the total opposite.
Fly for Fun under the Special Rule for Model Aircraft

If you scroll down to the UAS Registration section, it's pretty clear that if you're NOT flying as a hobby, you MUST register your aircraft and use the registration number (not your Remote Pilot Cert #)
UAS Registration
If you do not operate exclusively under the Special Rule for Model Aircraft, you must:

  • Register your UAS if it weighs more than 0.55 pounds and less than 55 pounds
  • Label your UAS (PDF) with your registration number
  • Read and understand all safety guidelines
 
I looked at the registration in the past. YOU register. Not once on any form or web page did it request any specific aircraft data such as make, type, weight, etc. The only info it requested was YOUR information. Name, address, etc. I did register, however out of stubbornness, I didn't mark but one drone and that wasn't printed in standard alphabet symbols so unless the cop or whoever has played commander keen, he isn't reading it. But it is marked No requirement was stated that it must be marked using A-Z symbols. The code is there. Its distinguishable from the background therefore satisfies the "legible" requirement.

During the registration process, not once did it inquire as to what uAV I owned or would be flying. Technically you had to register if you were going to fly any drone. Even one you don't own. Just like a driver's license allows you to operate any motor vehicle of your license class, whether you own it or not.

Also please READ the PDF that YOU linked:
https://www.faa.gov/uas/getting_started/fly_for_fun/media/UAS_how_to_label_Infographic.pdf

Under the red/gray blow up, what does it say?
Mark all aircraft with your registration number before you operate them.
All your aircraft get marked with your number. Not their unique number because each one doesn't get a unique number. Each registered pilot does.

The point is moot anyway.
Registration Deletion

Fly for Fun under the Special Rule for Model Aircraft
You don't need permission from the FAA to fly your UAS under the Special Rule for Model Aircraft, but you must always fly safely. You may elect to register your UAS to help in the recovery of lost equipment.
...
The Special Rule for Model Aircraft (P.L. 112-95, Section 336) (PDF) provides the definition and operating rules for flying a model aircraft.

Note: Model aircraft operators that comply with all of these operational requirements during flight do not have to register their UAS with the FAA.
 
That was my understanding as well, but not sure the FAA sees it the same way. Notice the bold type in the upper left of this letter.

My registration certificate didn't look like that.

The top of mine states:
For U.S. citizens, permanent residents, and certain non-citizen U.S. corporations, this document constitutes a Certificate of Registration. For all others, this document represents a recognition of ownership.

For all holders, for all operations other than as a model aircraft under sec. 336 of Pub. L. 112-95, additional safety authority from FAA and economic authority from DOT may be required.

I am a US citizen, therefore my document constitutes a Certificate of Registration. Not ownership. I do not fly commercially, therefore I do not require any additional registration or licensing.
 
Just as a precaution, in case some Bary Fife decides to get in my grill demanding the registration number/certificate, I printed the court ruling AND the FAA page, both stating the registration is not required. I keep copies in the lids of my drone cases so I can hand it to them any time I get bugged. I tend to fly away from everyone and crowds and commonly fly alone, and try to stand in places unobserved so I have yet to be challenged. But prepared I am.
 
I looked at the registration in the past. YOU register. Not once on any form or web page did it request any specific aircraft data such as make, type, weight, etc. The only info it requested was YOUR information. Name, address, etc. I did register, however out of stubbornness, I didn't mark but one drone and that wasn't printed in standard alphabet symbols so unless the cop or whoever has played commander keen, he isn't reading it. But it is marked No requirement was stated that it must be marked using A-Z symbols. The code is there. Its distinguishable from the background therefore satisfies the "legible" requirement.

During the registration process, not once did it inquire as to what uAV I owned or would be flying. Technically you had to register if you were going to fly any drone. Even one you don't own. Just like a driver's license allows you to operate any motor vehicle of your license class, whether you own it or not.

Also please READ the PDF that YOU linked:
https://www.faa.gov/uas/getting_started/fly_for_fun/media/UAS_how_to_label_Infographic.pdf

Under the red/gray blow up, what does it say?

All your aircraft get marked with your number. Not their unique number because each one doesn't get a unique number. Each registered pilot does.

The point is moot anyway.
Registration Deletion

Fly for Fun under the Special Rule for Model Aircraft

...
Again, I don't know why you're having trouble understanding this, but the process I posted the link to is Regiter your DRONE. Then they tell you to use that registration number on all your aircraft. I don't know why you keep saying YOU are being registered. And I never said you get a unique registration number per aircraft, I was just correcting your mistake saying 'Let me be VERY clear... you don't register your drone.... you use your 107 certificate number.....'

Clearly that's incorrect.
 
If you want to fly outside of your own property which we know all pilots want to, REGISTER your rig. It's the right thing to do. One problem I run into is locally we are known for our business of standard and aerial photography. Whenever someone screws up or there is questionable work being done some assume it's us because we advertise, are registered and are known. I don't like the risk of blame if someone else is flying unregistered in an event we are doing and causes a problem. Register or don't fly..
 
How did the FAA overstep their bounds anymore than the DMV, Requiring registration of all motor vehicles?

I get what you're saying, but imagine how bad things would be if cars didn't have license plates and people weren't as afraid of getting caught.
The tinfoil brigade is up in arms about the way that the FAA enacted the requirement. My understanding is that it required Congressional approval which they did not have. All that is required is for the FAA to resubmit the reg and go through Congressional approval cycle to make it permanent. Registration is not a bad idea.
 
How did the FAA overstep their bounds anymore than the DMV, Requiring registration of all motor vehicles?

I get what you're saying, but imagine how bad things would be if cars didn't have license plates and people weren't as afraid of getting caught.

Wrong analogy. You are equating full size manned vehicles to model aircraft.

What if the DMV suddenly required you to register and get drivers licenses for all RC and model cars or any remote controlled thing with wheels or treads or tracks despite the fact they were specifically told NOT to do so by congressional order and law (I don't believe there is such a law preventing DMV of doing this, maybe but I don't know of one) ? That is probably a closer analogy.

"Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft,
if--".

Followed by the guidelines we all know and love.

prom·ul·gate
1. promote or make widely known (an idea or cause).
2. put (a law or decree) into effect by official proclamation.

They overstepped those bounds. The bounds of specifically being told NOT to do what they did and they did it anyway. The regulation nor the content of the regulation itself wasn't the violation. Agree or disagree, the regulation made reasonable sense in general terms and the regulation itself didn't really violate any other guidelines or regulations. They were told NOT to make ANY rule or regulation for model aircraft. They did. The fact that they created, promoted and enacted the regulation, ANY REGULATION, with regard to model aircraft was the violation. Not what the regulation was or did. They could have enacted a rule saying all model aircraft have to be painted day-glow orange. That rule would have been just as illegal and just as invalid as the registration system under the above section of sec 336.

Please note, however, that the above citation applies ONLY for "aircraft is flown strictly for hobby or recreational use". Flying a model aircraft (applies to drones, fixed wing, helis, even blimps) commercially circumvents that promulgation law and allows the FAA to specify the regulations you must fly under. So the rules and regulations for commercial flying still stand and must be followed.

I am sure we all know where this is going to end up. That stipulation within 336 will get amended or superseded by something else which will allow, or more likely to require, them to re-create the registration system or something similar, perhaps even more restrictive and likely more costly. The congress will change things so the FAA can do what they did all over again. Watch and see. A year or so and we will be right back with registered pilots for model aircraft, perhaps even more confining than it was a few months ago. Never underestimate the ability of a government agency to make anything worse than it is now.
 
I think the problem is that you're talking about flying for hobby and I (and others) are talking about flying commercially. Although, I still agree that registrations should be mandatory because of the fact that you can now fly these thing anywhere.

The reason this was never a problem in the past is because R/C flyers typically would fly at sanctioned AMA flying fields and everyone knew where they were.

Regarding:
Wrong analogy. You are equating full size manned vehicles to model aircraft.

What if the DMV suddenly required you to register and get drivers licenses for all RC and model cars or any remote controlled thing with wheels or treads or tracks despite the fact they were specifically told NOT to do so by congressional order and law (I don't believe there is such a law preventing DMV of doing this, maybe but I don't know of one) ? That is probably a closer analogy....
.

Even using YOUR analogy, the DMZ would ABSOLUTELY (and should) require R/C model cars etc.. be registered if they were all being driven on public roadways which are governed by the DMV... Which perfectly supports my arguments.. Imagine driving home from work and having all these little RC cars weaving in and out of traffic. What a nightmare. Big difference is that a full size car could just run over the R/C car. A full sized aircraft could be brought down hitting an R/C plane/drone
 
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