A federal administrative court judge has determined that drones–aka unmanned aerial vehicles, or UAVs–can be used for commercial purposes because the Federal Aviation Administration has no regulations on the books that prohibit such uses.
Vice.com reported that the judge made the ruling last week in a case involving a photographer who had appealed a $10,000 fine for using a drone to shoot a video commercial, allegedly in violation of FAA rules.
The FAA immediately appealed, explaining in a statement that it “is concerned that this decision could impact the safe operation of the national airspace system and the safety of people and property on the ground.”
The FAA had fined photographer Raphael Pirker for unauthorized commercial use of a drone in 2011, after Pirker had used a remotely-controlled aircraft to produce a video commercial for the University of Virginia. Pirker had piloted the aircraft in the vicinity of the university, located in Charlottesville, Virginia.
Pirker, owner of UAV video production company Team Black Sheep, won his appeal of the fine on the grounds that a drone is in the same class of aircraft as model airplanes, which the FAA has never regulated. (The FAA has asked model airplane operators to fly the planes under 400 feet, and to stay away from airports, but those rules are strictly voluntary.)
The administrative court ruling means that photographers can use drones for commercial purposes, at least for now. But with the FAA opposed to unregulated use of drone aircraft in the US, it’s a safe bet that the agency will try to impose new administrative rules–or seek legislation–to restrict the use of drones in the near future.
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