http://walkprod.blogspot.com/2014/03/decision-of-court-of-appeal-faa.html
The Federal Aviation Administration (FAA) is pushing back at a major federal court decision from Thursday
that ruled the agency did not have the right to fine a commercial photographer for flying a commercial drone.
"The FAA is appealing the decision of an NTSB Administrative Law Judge to the full National Transportation Safety Board, which has the effect of staying the decision until the Board rules," the FAA said in a statement released one day after the ruling.
News photographers, surveyors and nearly any company interested in using drones for commercial purposes rejoiced following the ruling that promised to unlock the skies to a myriad of new commercial ventures. Until Thursday, most would-be commercial drone users were expecting to wait until 2015 — when the FAA plans to release new guidelines for commercial drone use — for a legal framework allowing commercial drone flights.
But Thursday's ruling, which slapped down the FAA's $10,000 fine against Raphael Pirker for unauthorized commercial use of a drone, offered hope to U.S. drone enthusiasts and companies, like Amazon, looking to add some innovation to their businesses using drone technology.
Judge Patrick G. Geraghty found that "there was no enforceable FAA rule or FAR Regulation, applicable to model aircraft or for classifying model aircraft as an UAS [Unmanned Aircraft System]."
Pirker, the founder of Team BlackSheep, a video recording company that focuses on using drones to capture unique footage (see video above), was originally fined for using a remotely controlled drone in 2011 to record a promotional for the University of Virginia.
After the ruling overturning the FAA's fine was announced, Pirker released a statement on his company's website: "Team BlackSheep is relieved that the motion to dismiss has been granted. We are impressed with the U.S. legal system to give people a chance to obtain their rights."
However, Pirker, and others like him, may need to pause their celebrations now that the FAA has made it clear that it has no intentions of allowing the regulation of commercial drones to fall out of its jurisdiction.
"The agency is concerned that this decision could impact the safe operation of the national airspace system and the safety of people and property on the ground this decision could impact the safe operation of the national airspace system and the safety of people and property on the ground," the agency wrote on Friday, further explaining its decision to appeal the decision.
"The announcement to appeal was expected," Pirker told . "We are not too concerned as the administrative law judge has confirmed our arguments, the decision was not a close call.
"The FAA, in filing an appeal, risks losing more than they can gain at this point, so I am not sure if they will go through with it. In any case, we are prepared to respond and we hope the FAA does not resort to delay tactics, as the UAS industry is anxiously awaiting a final ruling."
SOURCE Mashable
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