I have been giving a lot of thought to what happens next.
Jonathan Rupprecht is an aviation attorney who focuses on drones. Mr Rupprecht recently published a very detailed history and explanation of why the drone registration was illegal:
I have a great deal of respect for Mr. Rupprecht and I agree that the registration rule was a new rule, since it did not exist before and applies only to hobby aircraft registration. New rules are mostly prohibited in Section 336 of the FAA Modernization and Reform Act of 2012 (FMRA). Had the FAA simply inserted the language into the existing registration rules, Part 47, then it could be argued that it is not a *new* rule, but a clarification of an existing rule. It should be noted that under Title 49 of the CFR, the FAA is required to register *all* aircraft, but hobby aircraft had been traditionally ignored.
However, be careful what you wish for. You might get it.
Here’s why. While the hobby groups celebrate the ruling, several, and most significant, professional aviation organizations have expressed their disappointment. Which group do you think Congress will listen to during the next budget session? And what will their message to Congress be? Simple- repeal Section 336. Problem solved.