On March 6, 2014, the National Transportation Safety Board (“NTSB”) Administrative Law Judge Patrick Geraghty dismissed a $10,000 civil penalty assessed by the Federal Aviation Administration (“FAA”) against the operator of a powered glider aircraft.
The FAA had fined the operator, Raphael Pirker, for flying an Unmanned Aircraft System (UAS) in Charlottesville, Virginia on October 17, 2011. The FAA alleged that Mr. Pirker received compensation for the video and photographs taken during the flight. The FAA stated that as a consequence Mr. Pirker violated the provisions of Part 91, Section 91.13(a) of the Federal Aviation Regulations (FARs). The regulation prohibits a person from operating an aircraft in a careless or reckless manner as to endanger the life or property of another.
In considering Mr. Pirker’s appeal of the civil penalty, Judge Geraghty noted that the threshold issue was whether the FAA had authority to exercise FAR regulatory action over model aircraft operations. The FAA argued that Mr. Pirker’s a powered glider aircraft, a model aircraft, was covered by the FARs. Judge Geraghty disagreed with the FAA’s interpretation of the term “aircraft.” The FAA’s use of the word “model” as a qualifier distinguishes model aircraft from “aircraft.” Further, the FAA’s interpretation would extend coverage to all devices intended for or used for flight, conceivably including paper aircraft or toy gliders. Further, the FAA’s Policy Notices and Policy Statements did not establish a jurisdictional basis for asserting FAR Part 91 enforcement authority on model aircraft operations.
Judge Geraghty concluded that at the time of Mr. Pirker’s model aircraft operation there was no enforceable FAA rule or FAR applicable to model aircraft or for classifying model aircraft as an UAS. The model aircraft was only subject to the Safety Guidelines stated in Advisory Circular 91-57, entitled “Model Aircraft Operating Standards.” However, the Advisory Circular only required voluntary compliance.
The full decisional order in Huerta v. Pirker may be found here.
On March 7, 2014, the FAA issued a notice appealing Judge Geraghty’s decision to the full National Transportation Safety Board. The decision will be reviewed by the full five-member Board.
For more information on UAS, contact Ronce Almond at (202) 457-7790