Sunday, October 5, 2014

Don't be bullied


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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