As the image comes
clearer
Being 5’4.5” tall I learned to deal with bullies. All it
takes is standing up to them. Even if they think they can beat you, they won’t
risk the possibility of taking a few punches themselves. That is how it is with
the government and dealing with their agencies. I was mistaken when I said that
if you are currently conducting commercial UAS/Drone operations that all the
FAA can do is fine you. They don’t have the jurisdiction to do that unless you
are actually within the approach ways of an airfield, runway or on the airfield
of runway itself. They can get the municipality, parks department, port or the Bureau
of Land Management to charge you. Don’t take my work for it, ask an attorney?
Now with that said. It you hold a pilot’s license you have
exposure. It is like buying and selling real-estate. You don’t need a
real-estate license to buy and sell real-estate but you cannot do it for a fee
without a license. Then you are required to provide full disclosure on all
transactions. I think being licensed to fly a UAS/Drone isn’t a bad idea but
requiring a pilot’s license is not really applicable because you do not need to
know how to fly a plane. I believe that having the FAA ground school should be
a requirement and then specific manufactures training. This would give the FAA
a regulatory authority, a lever, something they could take away if you are
being unsafe, violating someone’s privacy without a warrant and it would
generate revenues for the FAA but if they require a license, they need to allow
you to conduct your business.
Until the FAA does adopt a process I would recommend that
all UAS/Drone professionals have an attorney draw up an attorney opinion letter
which states that they have done the research and found out what I discovered
and then if they decide to still serve you with a written cease and desist and
you take them to court the judge isn’t going to rule on your guilt or innocence
but they are going to rule on whether there is even a law to be broken and if
the FAA has the jurisdiction to do anything except suspend or revoke you pilot’s
license, if you have one. That is where precedence will be set. Even these
knuckleheads who were flying in New York City or in the State and National
Parks should appeal if they are charged by the FAA because unless they were
flying within a runway approach they don’t have jurisdiction. Just like the way
the FAA got the law suit thrown out in the appeal with Texas Equusearch on a technicality
because they served the cease and desist via e-mail. The FAA has no authority
unless you are holding a pilot’s license or operating on an airport, runway or within
the commercial traffic patterns or approaches. Like I said don’t take my word
for it, look it up https://www.faa.gov/.../III.B.pdf or talk to an attorney. Don’t call the FAA, which would be
like asking a bully if he could beat you up or not. He’s not going to say you
can, it would take away his control and it would embolden you.
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