US Drone Registration Details Announced

[electrotor]

Law abiding citizens join in their droves it seems. System can't cope though.

https://www.faa.gov/news/updates/?newsId=84405

[Gundummy]

According to industry estimates, as many as 400,000 small UAS could be sold during the holidays.

Hey Yankees.... Dollars waiting  ;D

[electrotor]

Copied from RC Groups.

'Twas the week before Christmas, and all through the land,
A new registration system has now tied our hand.
Our shorts in a wad are all twisting,
Due to a rule on which the FAA is insisting.

Grown men and women, young girls and boys
Are about to shaken right down to their toys.
This is the year for Christmas drones,
But the FAA is about to squeeze our cahones.

All through the Internet, there arose such a clatter,
I sprang to my computer to look into the matter.
To my surprise, this thing that I own,
My model airplane, is now considered a drone!

Civil and criminal fines in the book,
Register my airplane or become a crook.
It isn't a drone that I fly in the air,
But the people seem no longer to care.

Make no mistake, all you Tomaters
RC enthusiasts are now aviators!
National Airspace has been redefined, so you knows
To include all the atmosphere right down to your toes.

Our quadcopters, our airplanes, our foamies by name,
Are all now considered one in the same.
Don't take pictures over our wall!
Just go away, go away, go away all!

To register or not, I asked myself why?
Technically, I have 60 days to comply,
But the local enforcer won't know that in the least,
When he asks me to show him the mark of the beast.

I tried to comply and pay my money,
But the website thought my credit card was funny.
Others who registered said this thing sucks,
When their names were transposed with some other schmucks!

In case you are wondering, the website is now down,
For site maintenance, they explain with a frown
But don't worry, it should be ready, they say,
To register your drone on Christmas day.

Thirteen or over, it's the law now, my boys,
You must register your new flying toys
Just be aware, when your child registers,
His data is public to all sex offenders.

The FAA administrator is a jolly old elf,
I had to laugh in spite of myself.
The way he worded it, I add with a sputter,
You must register anything weighing over two sticks of butter!

It is time to go flying, up to 400 feet in the air,
Please don't get to close to a sleigh flying there.
Don't fly over people, and have a safe flight.
Merry Christmas to all, and to all a good night!

Mark Lawry AMA Member
with apologies to Clement Clarke Moore

[electrotor]

The AMA is continuing to fight against the FAA registration scheme but has now recommended that their members register. Some Q & As if you're interested. As one commentator has written "The FAA really don't seem to be watching the rest of the world and reinventing the wheel. They are years behind now. Behind in training, development and commercial use."

http://amablog.modelaircraft.org/amagov/2016/01/11/update-uas-registration-frequently-asked-questions/

[wgt40w]

It should be noted that these Q & A's show that, in the USA anyway, to enjoy flying with various exemptions, e.g. above 400 feet or to fly at night, the pilot must be a member of the AMA.

I hope this doesn't give the BMFA ideas here in the UK. I do not want to be forced to join the BMFA to continue to exercise rights I already have.

[electrotor]

It should be noted that these Q & A's show that, in the USA anyway, to enjoy flying with various exemptions, e.g. above 400 feet or to fly at night, the pilot must be a member of the AMA.

I hope this doesn't give the BMFA ideas here in the UK. I do not want to be forced to join the BMFA to continue to exercise rights I already have.

I suspect this may be the case because until recently the FAA had no regulations for model aircraft or airplanes as they call them. The AMA had guidelines however which had to be better than the FAAs nothing. The same situation does not exist here where the CAA has regulations and recognises not only the BMFA but LMA, FPVUK, RCHA, etc.

[electrotor]

I have posted this just as a heads up on developments Stateside. I don't really expect any responses. In fact I would be almost dismayed if some poor sod here bothered to read the whole thing then proceeded to pick away at it.

Needless to say the FAAs registration scheme has met with some opposition. I have picked out what are probably the bits of even the slightest interest.

FAA Drone Registration

The key point of the regulation rule is :
"Persons owning small unmanned aircraft, whether intended to be used as model aircraft or as other than model aircraft, are required to register those aircraft with the FAA[.]" "This rule applies to all owners of small unmanned aircraft which weigh more than 0.55 pounds and less than 55 pounds on takeoff." It goes into effect Dec 21, 2015. If you do not comply, you could face civil penalties up to $27,500 and criminal penalties of $250,000 and/or imprisonment up to 3 years.

However one brave fellow by the name of Johnathan Rupprecht has issues with this as he considers that it is in violation of Section 336 of the FAA Modernization and Reform Act of 2012 which says:

"IN GENERAL.—Notwithstanding any other provision of law relating to the incorporation of unmanned aircraft systems into Federal Aviation Administration plans and policies, including this subtitle, the Administrator of the Federal Aviation Administration may not promulgate any rule or regulation regarding a model aircraft, or an aircraft being developed as a model aircraft[.]"
The key word here is "any" and the major take away is that it prevents the promulgation of new rules or regulations, not the using of already existing regulations (i.e. Part 47 and § 91.203).The FAA believes that model aircraft operators are now subject to 91.203 which requires the drone to be registered prior to operation in the national airspace.

After reading several pages of legal argument and faced with a section headed "Does any mean any any time?" I had lost the will to live, but the final paragraphs made a great deal of sense in the general area of what happens in the real world and how regulation (and regulators) may or may not be complied with.

Why Am I (Johnathan Rupprecht) Proposing These?
My fear is this rule will "delegitimize" the FAA and DOT in the eyes of many drone flyers because instead of the FAA and DOT being seen as the authority, they will be seen as two government agencies not following what Congress told them to do in the APA and not do in Section 336.

Final Thoughts: (from Johnathan Rupprecht)
How will this get challenged? The group of people primarily being targeted are the model aircraft guys, mostly males ages 16-40, working full time, that are disorganized, and would most likely rather just chance getting caught than comply. There is also the AMA members which tend to be very law abiding but they are the minority. The Section 333 guys are not going to fight but love it because it makes their lives so much easier than the Part 47 process.

The only 2 scenarios I see where someone would step in to challenge this rule would be: (1) a large group like the Academy of Model Aeronautics on behalf of its members or maybe some large organization focused on protecting people's privacy or (2) someone receiving an enforcement action or criminal prosecution and is capitalized well enough to pay an attorney to fight this as opposed to settling for a lower amount than prosecution.

Don't say I didn't warn you.
http://jrupprechtlaw.com/myrupprecht-laws-analysis-of-the-faas-published-drone-registration-rule