• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to secondary sidebar
  • Skip to footer
  • DroneRacingLife
  • DroneFlyers
  • Newsletter
DroneLife

DRONELIFE

Stay up to date on all the latest Drone News

  • News
  • Products
  • Industries
    • Agriculture
    • Construction
    • Delivery
    • Dual Use
    • Inspection
    • Public Safety
    • Surveying
  • Enthusiasts
  • Regulations
  • Business
  • Video
  • Podcasts

Drone Pilot Who Ruined the FAA’s 2014 Has Settled His Case

January 23, 2015 by Alan Phillips Leave a Comment

(Source: motherboard.vice.com)  

For a good few months last year, ​commercial drones were completely legal and entirely unregulated, thanks in no small part to the persistent legal battle fought by a Swiss guy and his lawyer. Today, that legal battle is over—the Federal Aviation Administration and Raphael Pirker have decided to settle, scoring the agency what has probably been the hardest and most frustrating $1,100 it has ever earned.

The case revolves around Pirker getting paid what he calls “pocket money” for ​filming an advertisement at the University of Virginia with his drone. The FAA caught word of the flight, in which Pirker used a couple-pound foam drone and hurt no one, and decided to fine him $10,000. Pirker ​hired a lawyer named Brendan Schulman and fought the case, eventually beating the FAA.

Pirker “does not admit to any allegation of fact or law herein, and by not contesting this Amended Order of Assessment is resolving the matter solely to avoid the expense of litigation,” the settlement reads. In other words, this just goes away, because both the FAA and Pirker are tired of it.

The original decision, however, opened the floodgates for drone enthusiasts everywhere: The ​judge decided that drones were not “aircraft” and therefore any use of them was essentially unregulated by the FAA. That ​decision was overturned in November by an appeals court, but for a good eight months there, the FAA was virtually powerless to do much of anything about people who flew drones commercially.

Last fall, the FAA changed the rules of the game, however (without public input), ​making all commercial drone flights illegal using a new legal mechanism. At that point, Pirker decided that the case was no longer really worth fighting. The case had been referred to a lower court to determine exactly what a “reckless” flight with a drone looks like.

“With the recent reinterpretation, even a win wouldn’t have any real world merit,” Pirker told me from Hong Kong, where he lives. “Even if we had won the case, [Schulman] pointed out it wouldn’t have any kind of significance. It was more of an economic decision—just wanted to get out of this mess as best as I can.”

And so, Pirker is out after getting his fine reduced from $10,000 to $1,100. Under the terms of the deal, he will not admit fault and we’re still sort of left with no idea as to what constitutes a reckless flight.

“The FAA had some general allegations in the complaint, like ‘flying close to the ground’ or ‘at treetop level’ or ‘close to a railway line,'” Pirker said. “It’s stuff that everybody is doing, and there was some concern that this could then be used as a precedent. All of these charges were dropped as part of the settlement deal.”

Schulman told me, however, that had the pair decided to continue fighting the case, the court would have eventually decided that flying a foam, five-pound drone isn’t reckless at all.

“We were prepared to defend the case on its merits for recklessness,” Schulman told me. “The regulation requires endangerment of life or the property of another. If they found the risk was giving someone a scratch, there’s certainly the possibility it would have established that flying a styrofoam model in and of itself doesn’t pose the kind of danger to people necessary to meet the regulatory standard.”

Now, we won’t know either way.

Over the past few months, Pirker has become something of a polarizing character in the drone world: Some originally looked at him as a hero for sticking it to the FAA. Others argue that he baited the FAA by filming viral videos of Manhattan, and that his videos brought so much publicity to what had been a rather niche hobby, making it so large that the FAA couldn’t ignore it anymore.

Continue Reading at motherboard.vice.com…

Alan Phillips
Alan Phillips

Alan is serial entrepreneur, active angel investor, and a drone enthusiast. He co-founded DRONELIFE.com to address the emerging commercial market for drones and drone technology. Prior to DRONELIFE.com, Alan co-founded Where.com, ThinkingScreen Media, and Nurse.com. Recently, Alan has co-founded Crowditz.com,  a leader in Equity Crowdfunding Data, Analytics, and Insights.  Alan can be reached at alan(at)dronelife.com

Filed Under: Legal, News Tagged With: Brendan Schulman, FAA, Motherboard, Raphael Pirker

Reader Interactions

Leave a Reply Cancel reply

Your email address will not be published. Required fields are marked *

Primary Sidebar

LATEST

Michigan Awards $2 Million for Five Advanced Air Mobility Projects

State agencies will test drones and aerial technologies for environmental monitoring, wildfire response, infrastructure, public safety and agriculture. Michigan has…

Continue Reading Michigan Awards $2 Million for Five Advanced Air Mobility Projects

FCC Revokes Drone Approvals After U.S. Assembler Denies Any Connection

Odyssey Robot claimed its equipment was made and assembled in the U.S.; an FCC investigation found otherwis The Federal Communications…

Continue Reading FCC Revokes Drone Approvals After U.S. Assembler Denies Any Connection

FlybyOps Launches Enterprise Platform for Scaling BVLOS and Autonomous Drone Operations

Finland-based platform aims to help operators manage compliance, risk and operational oversight as drone programs grow in size and complexity…

Continue Reading FlybyOps Launches Enterprise Platform for Scaling BVLOS and Autonomous Drone Operations

With Nexus, Airwise Solutions Champions “Free and Open” Sensor Integration

New airspace-awareness platform brings radar, RF, Remote ID, ADS-B and other operational data into a unified operating pictur Airwise Solutions…

Continue Reading With Nexus, Airwise Solutions Champions “Free and Open” Sensor Integration

ePropelled Secures $60 Million in U.S. Government Funding to Expand Drone Propulsion Manufacturing

New Hampshire expansion will quadruple production capacity as the U.S. works to build a domestic supply chain for critical drone…

Continue Reading ePropelled Secures $60 Million in U.S. Government Funding to Expand Drone Propulsion Manufacturing

From Border Security to Biosecurity: Drones Join the Fight Against New World Screwworm

USDA has conducted more than 1,000 drone surveillance flights in Texas, while the Department of Homeland Security brings border surveillance…

Continue Reading From Border Security to Biosecurity: Drones Join the Fight Against New World Screwworm

BRINC Brings Wildfire and Smoke Tracking Into Drone Operations

New LiveOps layers integrate NOAA fire and smoke data to give public safety agencies a more complete operational picture BRINC…

Continue Reading BRINC Brings Wildfire and Smoke Tracking Into Drone Operations

Drones Bring Whole Blood Directly to Trauma Scenes

Hillsborough County program aims to deliver blood to first responders in under three minutes Archer First Response Systems (ArcherFRS) is…

Continue Reading Drones Bring Whole Blood Directly to Trauma Scenes

DJI Warns FCC Proposal Could Restrict Widely Used Commercial Drones

Company says proposed “military-grade” categories could reach aircraft used in public safety, agriculture, inspection and other civilian applications DJI is…

Continue Reading DJI Warns FCC Proposal Could Restrict Widely Used Commercial Drones

The Industrialization of Drones: L&T’s Growth Forecast Reflects a Maturing Global Industry

India’s largest engineering company expects strong growth from the division that includes its drone business, highlighting a broader shift from…

Continue Reading The Industrialization of Drones: L&T’s Growth Forecast Reflects a Maturing Global Industry

Secondary Sidebar

Footer

SPONSORED

Inspired Flight Gremsy IF800 VIO F1 drones geo week

What Will It Take to Strengthen U.S. Drone Manufacturing? A Conversation with Inspired Flight’s CEO

Global Mapper Mobile data collection

Collection Ground Control Points with Global Mapper Mobile

Military Drone Mapping Solutions

How SimActive’s Correlator3D™ is Revolutionizing Military Mapping: An Exclusive Interview with CEO Philippe Simard

Photogrammetry Accuracy Standards

SimActive Photogrammetry Software: Enabling Users to Meet Accuracy Standards for Over 20 Years

NACT Engineering Parrot ANAFI tether indoor shot

Smart Tether for Parrot ANAFI USA from NACT Engineering

Blue Marble, features global mapper, features Blue Marble

Check Out These New Features in Global Mapper v25 from Blue Marble

About Us | Contact Us | Advertise With Us | Write for Us | Privacy Policy | Terms of Service

The Trusted Source for the Business of Drones.

This website uses cookies and third party services. By clicking OK, you are agreeing to our privacy policy. ACCEPT

Manage consent

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. These cookies ensure basic functionalities and security features of the website, anonymously.
CookieDurationDescription
cookielawinfo-checkbox-analytics11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Analytics".
cookielawinfo-checkbox-functional11 monthsThe cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional".
cookielawinfo-checkbox-necessary11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookies is used to store the user consent for the cookies in the category "Necessary".
cookielawinfo-checkbox-others11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Other.
cookielawinfo-checkbox-performance11 monthsThis cookie is set by GDPR Cookie Consent plugin. The cookie is used to store the user consent for the cookies in the category "Performance".
viewed_cookie_policy11 monthsThe cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. It does not store any personal data.
Functional
Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features.
Performance
Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors.
Analytics
Analytical cookies are used to understand how visitors interact with the website. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc.
Advertisement
Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. These cookies track visitors across websites and collect information to provide customized ads.
Others
Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet.
SAVE & ACCEPT