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The Lawsuit Over Drone Registration: Taylor vs. Huerta & FAA

June 14, 2016 by Miriam McNabb 9 Comments

drone registrationFor the drone industry, anxiously awaiting the release of Part 107 long promised for a “late spring” timeframe, the furor over the FAA’s drone registration program seems years ago.  But for John Taylor, the Baltimore man who filed suit against the FAA and FAA Administrator Michael Huerta challenging drone registration, the battle continues.

Taylor has filed his brief, and the FAA must respond by July 21. Taylor will then reply by early August, after which oral arguments will be scheduled.

The outcome is uncertain: while there are valid arguments over the legitimacy of the drone registration program, Taylor, although an attorney himself, lacks the financial and resource backing of a larger organization.  (Non-profit group Tech Freedom has also filed suit against the drone registration program.)  The commercial drone industry – and it’s stronger Washington advocates – seem to have moved on. But Taylor’s suit may assume a greater importance in light of the recent reports of the FAA’s enforcement against hobby drones; with over 20 cases of fines and punitive action taken against recreational operators.

Taylor’s complaint is based on the fact that the FAA dug up an old – and heretofore unused – law in order to justify the drone registration program, when they decided to enforce the idea that model aircraft fell under the same rules as civil aircraft.

“For over a century, the FAA and its predecessors recognized recreational model aircraft as something entirely separate and apart from civil aircraft,” says Taylor’s brief. “The FAA realized it had no authority over these toys and encouraged only “voluntary compliance” with safety guidelines that largely sought to keep recreational model aircraft out of the navigable airspace properly controlled by the FAA.”

Taylor claims that this leap of logic is unreasonable, and indeed ridiculous: “…broad new interpretation of the definition of ‘aircraft’ would similarly make Frisbees, paper airplanes, and other small flying toys subject to the myriad statutes and regulations applicable to ‘aircraft.'”

In addition, Taylor claims that the FAA violated the terms of the Administrative Procedure Act when it failed to allow for the required comment period.  While the comment period may be waived in the case of an emergency, Taylor says that there was no good reason for shortening the comment period in this situation:

In adopting the Interim Final Rule, the FAA failed to follow the notice and comment requirements of the Administrative Procedure Act. The FAA claimed it had “good cause” to ignore these requirements, under the theory that it would be impracticable and contrary to public interest to do so. However, there was no impracticality, nor imminent threat to life or property, to justify bypassing that statutory requirement, and any timing concerns were of the FAA’s making.

While the arguments are sound on the surface, the FAA has repeatedly mounted a strong defense of the drone registration program.  Momentum is on their side: recent reports say that nearly half a million drone operators have registered recreational drones.
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: Legal, News Tagged With: drone laws, Drone Registration, FAA, Federal Drone Laws, hobby drones, Huerta, Taylor

Reader Interactions

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  1. Class-action: FAA May Face $841,000 Bill in New Drone Suit – TopCopter.cz says:
    January 17, 2018 at 9:18 am

    […] in as many years and has a fraternal connection with the first. In 2015, Taylor’s brother, John, filed suit claiming that Part 48 of FAA drone registration rules applying to model aircraft was illegal. In […]

    Reply
  2. Is FAA Drone Registration Coming Again? | DRONEPETS.ORG says:
    November 14, 2017 at 12:10 pm

    […] leisure operator, legal professional John Taylor of Maryland, took motion.  Taylor filed a lawsuit towards the FAA, citing present language in federal laws which prevented the passage of recent […]

    Reply
  3. The Argument Over Drone Registration Continues – Drone Newz says:
    July 9, 2017 at 4:43 am

    […] 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 […]

    Reply
  4. The Argument Over Drone Registration Continues | News and Reviews about Drones, Quadcopter, Camera says:
    July 8, 2017 at 2:41 am

    […] 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 […]

    Reply
  5. Federal Appeals Court Finds Drone Registration Unlawful for Model Aircraft | UrbanQuadz says:
    May 24, 2017 at 6:52 pm

    […] ruling is the result of a case brought by John Taylor, a recreational drone operator and attorney from Maryland vs. FAA Chief Administrator Michael […]

    Reply
  6. Federal Appeals Court Finds Drone Registration Unlawful for Model Aircraft - Drone Flights R Us says:
    May 20, 2017 at 6:02 pm

    […] ruling is the result of a case brought by John Taylor, a recreational drone operator and attorney from Maryland vs. FAA Chief Administrator Michael […]

    Reply
  7. A DRONE VICTORY! | Wjamesjonas's Blog says:
    May 19, 2017 at 6:55 pm

    […] ruling is the result of a case brought by John Taylor, a recreational drone operator and attorney from Maryland vs. FAA Chief Administrator Michael […]

    Reply
  8. UAS Digest #42: Weekly Drone Publication (6/17/2016) | JDA Journal says:
    June 17, 2016 at 11:50 am

    […]  The Lawsuit Over Drone Registration: Taylor vs. Huerta & FAA – Taylor has filed his brief, and the FAA must respond by July 21. Taylor will then reply […]

    Reply
  9. The Lawsuit Over Drone Registration: Taylor vs. Huerta & FAA | Drone, UAV, Quadcopter a Multi Rotor News says:
    June 14, 2016 at 12:10 pm

    […] post The Lawsuit Over Drone Registration: Taylor vs. Huerta & FAA appeared first on […]

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