Originally Posted by
Sport_Pilot
No reason to rewrite the Constitution or add an amendment. The Constitution only gives the Federal govenment the right to regulate commerce between the states, Years back the courts decided that the FAA should have authority to regulate all full scale aircraft because they could be used for interstate commerce and the airways needed to be protected for such. This was basically a model airplane not capable of interstate commerce, not flown as such, and flown in non navigable space (that is a full scale aircraft was not supposed to be flying that low. The lawyer had no need to go thewre as that would have complicated the case, But if the FAA keeps appealing then the lawyer may eventually need to bring that up. Interesting that the NTSB consered this a model airplane despite that it was an FPV.
Very good and valid points, Sport_Pilot. It is actually true, a drone qualifies as a model airplane, because it is controlled remotely. It has been this way since the days of the control-line. There is no way to distinguish a drone, from an RC model airplane. Both do the same thing, and both can be retrofitted with equipment and payloads. In fact, there are model planes that are very significant in size, as you know. A half-scale cub, for example, which will easily dwarf the size, weight, and speed of some military drones!
I really don't think the FAA has a case. Not with something that's almost as light as air, and too frangible to even scratch paint. In the end, if the FAA really wants to regulate civilian drone use, they may end up having to require a pilot's license and medical certificate like they do with full-scale (even light sport requires a medical certificate if you've ever been denied a medical). Obviously, that would NOT set well with the public, and Congress would likely frown on it.
The FAA and full-scale interests are harassing modelers and hobbyists This is probably so because they are afraid they'll lose money when someone buys an affordable small drone with a camera instead of paying $500.00 to some flight instructor or Class-II pilot with deep pockets.