Just food for thought, if I'm not mistaken; "on this issue of the Photographers' case being tossed out", I'm fairly certain the FAA appealed the ruling and it is pending on that appeal. Whether it stands or not remains to be seen. It's clear that the FAA has the statutory authority to regulate commercial (contrivances) or "unmanned aerial vehicles" of any size. Though Congress did recently take away the FAA’s authority to regulate "model aircraft" operated for
hobby or
recreational purposes by "community" groups. So the question remaining is whether it has properly promulgated regulations; which it is required to do if necessary. IMO, put simply, I do not believe it did or has when it comes to small contrivances (sUAV). Though many believe it had to the extent of the advisory circular for those aircraft considered to be model aircraft.
I am open and agreeable to the FAA wanting to prohibit unsafe or impracticable operations of these contrivances that very well may endanger persons or property (which FAA believed was at issue); however, it must be done properly via its own rule making process and thus properly enacted regulations. The advisory circular, 91.57, is just that, advisory and nothing....nothing more. It is not incorporated by reference in any current rule/reg and issuing notices (as it has since 2007) serves no regulatory purpose. As such, those notices are not rules and thus they are not legally enforceable. So, in simple terms, time will tell. Some will proceed cautiously with respect towards others while others will "get theirs and screw everybody (read everyone) else". Keeping in mind that my RC pursuit is a passionate hobby (not a commercial venture) the question arises (whether you care, if you care, or how much you care), how am I going to proceed? Just as much is how selfish are we or do we need to be, as a community (group, club, whatever) in pursuit of our hobby. Just my two and half cents again.
hook