Court: Federal Aviation Administration can’t drone rules on Texas nonprofit

A federal court has thrown out a case against the Federal Aviation Administration’s rules on drones.

But the court says the reason that it did so is that those rules aren’t legally binding.

In an order rendered Friday evening, a three-judge panel dismissed a lawsuit filed earlier this year by Texas Equusearch, a Houston-based group of search and recovery volunteers that uses unmanned aerial systems to assist in rescue and recovery efforts. The judges ruled the FAA couldn’t enforce warnings an FAA employee had e-mailed to the group to halt all of their drone operations.

“The challenged email communication from a Federal Aviation Administration employee did not represent the consummation of the agency’s decision making process, nor did it give rise to any legal consequences,” the judges wrote.

In a petition, the Texas volunteer group says it has been using remote-controlled unmanned aircraft with attached cameras in search and rescue efforts since 2005, but that it was ordered to halt that by the FAA in February. It then sued to have the ban overturned. 
The FAA has planned to have formal policies in place for drone usage next year, but currently regulates commercial drone use strictly.

In a response, the FAA said it will continue using the tools it’s been using to enforce policies about drone use.

“The court’s decision in favor of the FAA regarding the Texas Equusearch matter has no bearing on the FAA’s authority to regulate UAS,” the FAA said in a statement. “The FAA remains legally responsible for the safety of the national airspace system. This authority is designed to protect users of the airspace as well as people and property on the ground.”

The lawsuit, in the United States Court of Appeals for the District of Columbia Court, has implications on the use of unmanned aerial systems, which the FAA has banned for commercial uses. FAA has sought to fine entities using drones for commercial purposes, with one such case, Huerta v. Pirker, continuing its way through the legal system.

The decisions will have an impact on the emerging drone industry, where Dayton companies are looking to play a part.

Separately the FAA is appealing a separate case involving a Virginia drone operator, who it attempted to fine $10,000 for flying his craft over the University of Virginia in exchange for compensation. The National Transportation Safety Board also ruled the FAA does not have formal binding policies in place banning the use of drones.

In an article posted on its Web site, Texas Equusearch said it will resume using its drones in search operations.

Source: http://www.bizjournals.com