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NTSB: Gov’t aircraft regulations apply to drones

Joan Lowy
Associated Press

Washington – — The government has the power to hold drone operators accountable when they operate the remote-control aircraft recklessly, a federal safety board ruled Tuesday in a setback to small drone operators chafing under Federal Aviation Administration restrictions.

The National Transportation Safety Board, which hears appeals of Federal Aviation Administration enforcement actions, ruled that small drones are a type of aircraft and fall under existing FAA rules.

The FAA had fined Raphael Pirker, an aerial photographer, $10,000 for operating his Ritewing Zephyr in a reckless manner on the University of Virginia campus in 2011. Pirker allegedly flew the drone at low altitudes — at times, just 10 feet off the ground — and directly at people, causing them to duck out of the way.

Pirker appealed the fine, saying his aircraft was effectively no different than a model aircraft and therefore not subject to regulations that apply to manned aircraft. An NTSB administrative law judge sided with him in March, saying the FAA hasn’t issued any regulations specifically for drones and therefore can’t determine their use.

The FAA appealed the decision to the four-member safety board, which said Tuesday that the definition of an aircraft is very broad.

“An ‘aircraft’ is any ‘device’ ‘used for flight in the air.’ This definition includes any aircraft, manned or unmanned, large or small,” the board said. The board sent the case back to the judge to decide if Pirker’s drone was operated recklessly.

FAA officials had no immediate comment.

The decision strengthens the FAA’s position as the agency tries to cope with a surge in use of unmanned aircraft, some weighing no more than a few pounds and available for purchase on the Internet and in hobby shops for as little as a few hundred dollars.

More than a million small drone aircraft have been sold worldwide in the past few years, and a growing number of them are turning up in U.S. skies near airports and airliners, posing a risk of collision. Reports of drone sightings near other planes, helicopters and airfields are reaching the government almost daily — a sharp increase from just two years ago when such reports were still unusual.

“It’s a huge win for the FAA, and signals it’s not going to be the Wild West for drones, but a careful, orderly, safe introduction of unmanned aircraft systems into the national airspace system,” said Kenneth Quinn, a former FAA general counsel.

But Pirker’s attorney, Brendan Schulman, said the NTSB ruling “is narrowly limited to whether unmanned aircraft systems are subject to a single aviation safety regulation concerning reckless operation.”

“The more significant question of whether the safe operation of drones for business purposes is prohibited by any law was not addressed in the decision,” he said. Several cases challenging the FAA’s ban on commercial drone operations are pending in federal district court in Washington.

The FAA has barred commercial operators from using drones, with the exception of two oil companies operating in Alaska and seven aerial photography companies associated with the movie and television industry. Even those exceptions have come with extensive restrictions, including that a requirement that the operators of the remote control aircraft have an FAA-issued pilot’s license the same as manned aircraft pilots.

A wide array of industries as varied as real estate agents, farmers and major league sport teams are clamoring to use small drones. Congress directed the FAA to safely integrate drones of all sizes into U.S. skies by the fall of 2015, but it is clear the agency won’t meet that deadline.