FAA’s drone registration rule suffers major setback

Posted at 7:18 PM, May 19, 2017
and last updated 2017-05-19 19:19:32-04

WASHINGTON — U.S. consumers who buy a drone for fun will no longer have to register it with the FAA.

A Washington, D.C. court ruled Friday that the FAA drone registration rule violates the FAA Modernization and Reform Act, which Congress passed in 2012. Hobbyist John Taylor argued successfully that he should not have to register because the act states that the FAA “may not promulgate any rule or regulation regarding a model aircraft.”

Since December 2015, hobbyists with drones weighing between 0.55 pounds and 55 pounds have had to register drones with the FAA. More than 820,000 operators have registered since then. The process can be completed online, and there is a $5 application fee.

The FAA now has two potential paths forward, according to Anne Swanson, an attorney at Cooley and aviation regulation expert. The FAA can appeal to all of the judges on the U.S. Court of Appeals for the DC Circuit, which is called an en banc review. (The decision was made by a three-judge panel.)

The other path is appealing to Congress. The FAA is currently going through its regular reauthorization process this year. Congress could insert provisions that support or authorize registration for recreational drones.

“Drone registration is a good policy because it promotes accountability and provides an opportunity for the FAA to educate pilots on the guidelines for safe operation,” Brendan Schulman, the vice president of policy and legal affairs at DJI, told CNNTech. DJI is the world’s largest drone manufacturer.

The court’s decision does not impact registration for commercial drones.

The FAA did not immediately respond to a request for comment.

This story is developing and will be updated.