The FFA might have just backed into the drone business

Who is doing commercial UAS business?

Last week the ruling came down from the appellate court throwing out the law suit ruled by the previous judge that the FAA did not have the authority to order a cease and desist because Texas Equusearch being a non-for profit wasn’t operating commercially and the Spectra flying wing is a hobby plane. The appellate judge justified throwing out the law suit, claiming that because the FAA’s cease and desist wasn’t delivered properly because it was e-mailed, making it invalid and unenforceable, giving no ground for a law suit and the judge ruled that e-mail communications are not subject to judicial review.

So not being an attorney, there doesn’t seem to be any opening for commercial applications. If Texas Equusearch continues to use the Spectra and maintains there non-for profit status Gene Robinson can continue SAR operations. Until he gets a written cease and desist from the FAA.

So when the Benjamin Miller from the Colorado Mesa County Sheriff’s Department surveys the county landfill, he doesn’t get paid by them but he gets paid as part of his job and the entails flying a UX5 flying wing UAS. So what makes it any different than a farmer flying his own hobby plane with a GoPro camera over his field to see where his crops need more water or fertilizer? The FAA is claiming that unless he is going to consume that entire crop himself, it is a commercial operation. What they are saying is “Government and non-for profits are the only non-commercial use.” Does that mean if the local Future Farmers of America (FFA) collect the data it is okay? What if the farmer donates to that FFA group, is that okay?

There is going to be this kind of tit for tat and legal wrangling happening everywhere, until the commercial UAS guidelines are established but it looks like the FFA is in business.