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The Argument Over Drone Registration Continues

July 7, 2017 by Miriam McNabb 7 Comments

The response to John Taylor’s FOIA request asking the FAA for records that indicate the recreational drone registration program was ever used to enforce regulations is the latest point of discussion in the argument over the program.

By now, everyone in the drone communitiy knows about John Taylor’s winning lawsuit against the FAA, which determined that the FAA’s drone registration program was unlawful.  In response to the federal court of appeals decision, the FAA has made the recreational drone registration program voluntary.

The FAA’s recent notice that they would end mandatory drone registration did not end the argument over the program. “The FAA continues to encourage voluntary registration for all owners of small unmanned aircraft,” says the agency statement.  “The FAA is working on a final rule with respect to registration and marking that will implement the court’s decision.”

It seems clear that the FAA will continue to pursue some form of registration.  With FAA Reauthorization packages on the table, the wording of the original law could be changed to accomodate the existing program; or the details of the program could change to meet the law.  Representatives from the manned aircraft community and participants on the original drone registration task force point out that registration provides an opportunity to educate new operators about regulations; opponents say that there are better ways to accomplish that.  And as John Taylor revealed the response to his FOIA request about how often the FAA actually used registration to enforce drone law, one of the FAA’s primary arguments –  that registration is a tool to hold rogue drone operators accountable –  has come into question.

The FAA response to Taylor’s June 13, 2017 FOIA request “pertaining to enforcement actions arising from operations in which the operator was identified by use of a Part 48 registration number,” stated that “A search of the Enforcement Information System (EIS) and the National Program Tracking and Reporting System (NPTRS), revealed no records pertaining to enforcement actions arising from operations in which the operator was identified by use of a Part 48 registration number.”

Taylor, and many others in the drone community, feel vindicated.  “From the outset,” says Taylor, “most of us suspected the registry would not serve its stated purpose. The vast majority of those who registered would be law-abiding citizens, who would never dream of flying recklessly. Reckless fliers would: 1) not register; 2) register, but remove their FAA-issued numbers when they flew recklessly; or 3) simply never be caught because their drones were not recovered.”

“The FAA’s response confirms that, as many of us suspected, the registry has been worthless as a tool to hold people accountable,” says Taylor. “Over 800,000 Americans registered, and paid in over $3,000,000.00, and we have nothing to show for it.”

Not everyone in the drone industry agrees.  Brendan Schulman, Vice President of Policy and Legal Affairs for major drone manufacturer DJI, points out that the FAA’s response doesn’t prove that drone registration is not a useful tool.  “A FOIA request is useful to obtain records if they exist and can be found but does not mean that the activity in question didn’t happen.”
“Here, it’s very possible that the drone registry was used often but there are no records that were kept, or that the FAA was not able to find the records in the specific files that were searched,” says Schulman, a member of the original drone registration task force.  “I have been informed in various discussions that the drone registration database was used quite a lot to assist in investigations, including at the local level.”
Schulman comments that the FAA has made a significant effort to work with drone operators who don’t follow the rules.  “Also, keep in mind that the FAA only does an enforcement action as a last resort, and they first try to educate and correct violations voluntarily,” he says. “The FOIA request was for enforcement actions, so would not include situations where the registration ID was used to contact the drone operator and educate or voluntarily correct the problem.”
Taylor, who says that he was surprised to find some members of the drone industry criticize the court decision on the basis that it undermined accountability, does not agree. “This was the FAA’s opportunity, and it was their legal obligation, to demonstrate that the registry had some utility in terms of holding people accountable,” says Taylor.  “If they’ve chosen to ‘hide the ball’ instead, so be it. If they have any verifiable evidence that the registry was used to hold anyone accountable, anywhere, I’m sure we’re all ears.”

 

While maintaining that registration is simply not effective for enforcement, Taylor recognizes the need for new operators to learn basic regulations.  “Had the FAA approached the issue from a standpoint of education, I suspect it would have had the hobby’s support,” he says.  But Taylor thinks that manufacturers, not government, should be responsible.  While many manufacturers including DJI have contributed to educational efforts like the KnowBeforeYouFly.org initiative, and technology solutions such as geofencing to deal with rogue drone operators, those efforts may not be enough to satisfy the FAA.

“I’ve encouraged manufacturers to provide education, and perhaps require testing, before consumers can access their operational apps,” says Taylor.  “That might have forestalled intervention by the federal government, in addition to its intrinsic value.”

 

Miriam McNabb

Miriam McNabb is the Editor-in-Chief of DRONELIFE and CEO of JobForDrones, a professional drone services marketplace, and a fascinated observer of the emerging drone industry and the regulatory environment for drones. Miriam has penned over 3,000 articles focused on the commercial drone space and is an international speaker and recognized figure in the industry.  Miriam has a degree from the University of Chicago and over 20 years of experience in high tech sales and marketing for new technologies.
For drone industry consulting or writing, Email Miriam.

TWITTER:@spaldingbarker

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Filed Under: Drone News Feeds, Featured Tagged With: commercial drone laws, consumer drone laws, DJI, drone laws, Drone Registration, FAA, John Taylor

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