Registration- Hobbyists have won the battle, but will lose the war.

A party atmosphere seems to be going on in the hobbyist community. It’s about to be busted.

So, the FAA has set up a process to de-register your drone and to get your $5 back. Hold on. Don’t be in such a rush to get your precious lucre back from the “evil” FAA. Personal drone registration will happen. It’s just a matter of time.  The agency has said it was “in the process of considering [its] options and response to the decision.” What are the options?

Let’s first look at the problem with the registration rule. Section 336 of the FMRA (FAA Modernization and Reform Act of 2012) was the law that the court used to invalidate the new FAA rule: 14 CFR Part 48, SUAS Registration. Part 48 is a new rule. Had the FAA simply modified Part 47, the existing aircraft registration rule, then the court decision could have gone the other way.

So here’s my prediction- Section 336 will be modified or entirely repealed in the next FAA Authorization bill from Congress due out later this year. When this happens, look for training requirements and certification of hobby pilots as well as registration of their aircraft.

14CFR Part 107, is a new rule that establishes a new category of aircraft (Small UAS) and a new pilot certification (Remote Pilot Certificate With a Small UAS Rating). With a Part 107 pilot certificate, a sUAS pilot may fly for compensation (I.E. “commercial” use). But nowhere, absolutely nowhere in Part 107 rules will you find the word “commercial”.

I think this “omission” was intentional. Except for the Section 336 prohibition, the rules in Part 107 could very easily apply to hobby flight. When Section 336 is altered or repealed, all the FAA needs to do is create yet another pilot rating: “Remote Pilot Certificate With a Recreational Rating”. In short order, hobby pilots will be taking a written exam to obtain the recreational UAS certificate.

Maybe this will also be the time that Brendan Schulman’s (DJI) idea of a micro-UAS class will be taken up by the FAA.

I am already preparing my response to the forthcoming NPRM to also create another new Pilot rating: “Remote Pilot Certificate- Instructor”, and authorize the instructor-rated pilot to administer the written exam. This way a local club with an instructor can administer the exam and issue temporary pilot certificates at a minimal cost. The process would not be unlike the Amateur Radio Volunteer Examiner. The VE can teach ham radio classes and administer the written exam. (The VE can’t issue a station license, so the new ham radio operator has to wait for their license from the FCC to arrive in the mail).

Why am I so confident that this will be the next shoe to drop on hobby pilots?  Just look at all of the reported drone “sightings”.  You know the ones, a pilot is busy landing an aircraft at 175 knots sees a dinner-plate size object a mile away and declares “It’s a drone, we’re all gonna’ die”.  The political pressure is there to “do something”.  And repeal of Section 336 will be easy and politically expedient.

 

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