The Taylor Case

cropped-logo-2048px.jpgDrone Law Nation, there’s never a dull moment in the drone law world, is there? A huge decision was handed down last month from the U.S. Court of Appeals for the District of Columbia Circuit. In the case of Taylor v. FAA, the Court held that the FAA’s drone registration requirement for hobbyists was illegal.

When I say illegal, I mean that it went against Section 336 of the FAA Modernization and Reform Act of 2012. That was a law passed by Congress and signed by the President. In our governmental system, a federal agency cannot do things that are banned by a federal statute. And that is what the Court held that the drone registration system did – it went against the text of the statute that prevented FAA regulation of model aircraft.

Today’s episode is a talk with John Taylor, the plaintiff in the case. Joining us is the (ever amazing) Jonathan Rupprecht, who you will know from prior episodes. Jonathan helped Mr. Taylor with the case.

This talk is an “inside view” of how the litigation went down. We also get into the “details” of what the Court did and why it made its decision.

Join us in reliving this important part of the history of U.S. drone law.

A Note About Support

Thank you to everyone that has clicked the “Support” link at www.dronelawtoday.com/support before doing your Amazon shopping. It costs you nothing extra, and a few pennies are thrown back our way. Enough of you have done this that we have covered two months of hosting fees. That’s huge, because it’s an indication that this podcast can be self-sustaining. If it is, then we can continue for as long as the audience is there. As long as you are there, Drone Law Nation.

Thank you all for your support.

Links for You:

Amazon Support Link

Taylor v. FAA Decision

Section 336 (search for “336” in the .pdf)

www.jrupprechtlaw.com

Our first talk with Jonathan Rupprecht

Our second talk with him Jonathan Rupprecht

The Pirker Case and FAA Drone Regulation

 

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Nothing in this podcast is legal advice! Please don’t make legal decisions for yourself or your business before consulting counsel of your choice.

Keep on Flying,

-Steve

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Who Owns the Air?

Logo 600 x 600Who owns the air above your backyard? Do you own it? Why do you think so? Why wouldn’t you “own” it? What does “ownership” even mean?

Welcome to the weird world of “aerial property rights.”

We’ve talked about these issues before, most notably in the Drone Law Course from last year. The problem of aerial property rights came to mind this week, though, because of a conversation I had with Ian Smith of Commercial Drones FM.

Before Ian and I spoke on his podcast, he tweeted out a request for questions. The first one that came through was from that singular gentlemen and scholar, Jonathan Rupprecht, who asked us: “who owns the lower portion of the sky?”

That question is one of the hardest issues facing the drone industry, and he knew it! Ian and I were game for the question though, and talked through the issues at length.

In this episode, we dig deeper into that issue by highlighting the work of Professor Troy Rule. His article, Airspace in an Age of Drones, serves as the foundation for our episode today. Tune in for the latest, and for some potential ways to solve this difficult problem.

New – Support Link!

The best support you can give Drone Law Today is your time and attention. There is literally nothing more valuable – we appreciate every single one of you. The fact that you share the podcast, rate it, review it, and continue to listen is the reason we keep doing this show.

For those of you inclined to help us with the “hard costs” of producing this podcast (hosting, equipment, etc.), we’ve created an Amazon Affiliate Link at www.dronelawtoday.com/support. Clicking that link before you shop costs you nothing, and will help support our work here.

Thank you once again for what you are doing to make the drone industry great.

Links for you:

Troy Rule: Airspace in an Age of Drones

Troy Rule: Drone Zoning

The Drone Law Course

The Police Drones Series (Links to all episodes)

Commercial Drones FM Interview

 

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Nothing in this podcast is legal advice! Please don’t make legal decisions for yourself or your business before consulting counsel of your choice.

Learn more about our law firm, Ausley McMullen, at www.ausley.com.

Keep on flying,

-Steve

Part 107 Waivers & More, with Jonathan Rupprecht!

Logo 600 x 600Now that Part 107 is in place, the commercial drone industry has a clear path to fly. No longer do we need to wait for months on end for a Section 333 Exemption to come through. You can take your sUAS, launch your business, and watch it soar.

A question comes up, though, when the boundaries of Part 107 run up against what the customer wants. What if your paying client wants you to fly an operation that doesn’t fit with what Part 107 allows? What if you need to fly at night? What if you need to be in airspace where the restrictions are greater? What do you do then?

The answer is found in WAIVERS. The FAA’s online waiver application is relatively straightforward. But what should you request? How should you word it? How can you “stack” waiver requests to give your business maximum flexibility?

We get into that and more with drone attorney Jonathan Rupprecht. Jonathan has been a guest on the podcast before, and he constantly shares great information with the drone community.

Join us as we talk Part 107 waivers, what to do when you crash your drone, ongoing litigation against the FAA, and where this all goes from here.

Links for you:

Rupprecht Law Website

FAA Waiver Portal

“Government Drones” Talk with James Mackler and Justin Robinson

Our prior interview with Jonathan

 

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What questions do you have about Drone Law? Click here to let us know!

Nothing in this podcast is legal advice! Please don’t make legal decisions for yourself or your business before consulting counsel of your choice.

Download your FREE copy of “The Drone Revolution: How Robotic Aviation Will Change the World,” right here: CLICK FOR BOOK!

Check out the FREE Drone Law Course at www.dronelawtoday.com/course!

Learn more about our law firm, Ausley McMullen, at www.ausley.com.

Keep on flying,

Steve

Episode 16 – Jonathan Rupprecht: Drone Law from the Pilot’s Perspective

Logo 600 x 600Welcome to the Drone Law Today Podcast! In this episode, we speak with Jonathan Rupprecht of Rupprecht Law, P.A. Jonathan is a drone lawyer and a commercial pilot with single-engine, multi-engine, and instrument ratings. He is also an airplane flight instructor and instrument flight instructor. Jonathan authored a book entitled Drones: Their Many Civilian Uses and the U.S. Laws Surrounding Them. He later served as an advisor for one of the amicus briefs for the highly publicized Huerta v. Pirker case. Jonathan has also co-authored a legal treatise on unmanned aircraft that is being published by the American Bar Association. You can reach Jonathan through his website, Rupprecht Law, P.A., and on Twitter at @RupprechtLaw.

Our conversation covers a range of topics based on Jonathan’s background as a commercial pilot, flight instructor, and lawyer. How are “drones like clothes?” Listen in to find out!

Listen in iTunes!

Listen in Stitcher!

Listen in your browser!

Follow @DroneLawToday on Twitter!

What questions do you have about Drone Law? Click here to let us know!

Nothing in this podcast is legal advice! Please don’t make legal decisions for yourself or your business before consulting counsel of your choice.

Download your FREE copy of “The Drone Revolution: How Robotic Aviation Will Change the World,” right here: CLICK FOR BOOK!

Keep on flying,

Steve