A federal appeals court on Friday struck down a regulation requiring the public to register drones. The US Circuit Court of Appeals for the District of Columbia found that the Federal Aviation Administration did not have the authority to regulate so-called "model aircraft."
If it stands, the decision (PDF) means that the public does not have to abide by the FAA requirement established in 2015. The ruling is not yet enforceable, however, as the court gave the FAA seven days (PDF) to consider its legal options.
To legally fly a drone, hobbyists are currently required to pay a $5 fee and dole out their name, home address, and e-mail address. They must display a registration sticker on the drone that includes a number unique to the registered drone.
There was mixed reaction to the ruling today. Some said the registration was needed to provide accountability to dangerous pilots. Others, including a Maryland hobbyist who brought the case, suggested the registration requirement was overzealous regulation.
"As of today, no American has been seriously injured by hobby drones," John Taylor said in an interview with MarketWatch. "They may get cuts or bruises, but look at ATVs and watercraft, where dozens are killed every year. It's all a reaction to new technology. People are afraid of drones because they’re something new."
Options, options
The FAA can abide by the decision or ask the court to reconsider its ruling. It could also appeal to the Supreme Court or ask Congress to legislatively grant the FAA registration authority.
"We are carefully reviewing the US Court of Appeals decision as it relates to drone registrations," the FAA said in a prepared statement. "The FAA put registration and operational regulations in place to ensure that drones are operated in a way that is safe and does not pose security and privacy threats. We are in the process of considering our options and response to the decision."
Ahead of Friday's ruling, the FAA told the appeals court that "it would threaten the safety of the national airspace system" if the court nullified the registration requirement.
Drone enthusiasts have registered more than 550,000 unmanned aircraft with the FAA. Registration was required to be updated every three years. Maximum penalties for failing to comply included three years in prison and a $250,000 fine.
The decision does not affect requirements that commercial drone operators abide by, as that class of drone operator already worked under different rules. Those regulations included the need to take a test to get a license to fly.
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