Robohub.org
 

NTSB overturns Pirker case: Drones are aircraft


by
19 November 2014



share this:

The Pirker case was a landmark case in UAV legislation development. In 2011, Raphael Pirker used his Ritewing Zephyr UAV to make some aerial footage over the University of Virginia campus, and for that he was fined $10.000.

Ritewing Zephir –  evidence in Pirker Case.

Ritewing Zephir – evidence in Pirker Case.

The FAA said Pirker had recklessly flown the small, unmanned aircraft “directly towards an individual standing on a … sidewalk, causing the individual to take immediate evasive maneuvers so as to avoid being struck.”

With the help of Mr. Brendan Schulman, a prominent ‘pro-drone’ lawyer, Mr. Pirker challenged the FAA fine, based on the fact that while the FAA can regulate “aircraft,” it has repeatedly excluded model aircraft from that definition. Judge Patrick Geraghty of the National Transportation Safety Board (NTSB) dismissed the $10,000 fine, agreeing that the FAA “has not issued an enforceable Federal Acquisition Regulation regulatory rule governing model aircraft operation; has historically exempted model aircraft from the statutory FAR definitions of ‘aircraft’ by relegating model aircraft operations to voluntary compliance with the guidance expressed in [the 2007 policy notice], Respondent’s model aircraft operation was not subject to FAR regulation and enforcement.”

On November 18th of this year the NTSB issued a decision saying that the current federal regulations applying to manned aircraft also apply to UAV or drones. Also, NTSB ruled that the FAA definition of aircraft as “any device … used for flight in the air” applies to “any aircraft, manned or unmanned, large or small.” In essence, this could mean that the flight in the air of a paper plane or a toy wood balsa glider could subject the operator to FAA penalties.

Although the FAA granted commercial drone licenses to oil giant BP and six Hollywood production companies, everyone else trying to make a living using drones for aerial filming could face fines.

As for the Pirker case, Mr. Pirker can appeal to the Court of Appeals. However, since the likelihood of the FAA publishing rules for drones in the foreseeable future is slim, it seems that it is Congress that will have to make the decision if it wants every model aircraft regardless of size to be regulated by the FAA’s rules for manned aircraft.

After the initial blow delivered by Mr. Pirker and Mr. Schulman, the FAA came back to win a major legal battle. The war for democratization of drone use is still on, however, and it is now up to drone community to mobilize and try to influence the decision-making of the administrative behemoth.

For further reading, check out the Forbes article and the FAA statement.

Image courtesy of Ritewing RC LLC.

If you liked this article, you may also be interested in:

See all the latest robotics news on Robohub, or sign up for our weekly newsletter.



tags: , , ,


Dronologista Aviation & Drone Enthusiast
Dronologista Aviation & Drone Enthusiast


Subscribe to Robohub newsletter on substack



Related posts :

Robot Talk Episode 151 – Robots to study the ocean, with Simona Aracri

  10 Apr 2026
In the latest episode of the Robot Talk podcast, Claire chatted to Simona Aracri from National Research Council of Italy about innovative robot designs for oceanography and environmental monitoring.

Generative AI improves a wireless vision system that sees through obstructions

  08 Apr 2026
With this new technique, a robot could more accurately detect hidden objects or understand an indoor scene using reflected Wi-Fi signals.

Resource-constrained image generation and visual understanding: an interview with Aniket Roy

  07 Apr 2026
Aniket tells us about his research exploring how modern generative models can be adapted to operate efficiently while maintaining strong performance.

Back to school: robots learn from factory workers

  02 Apr 2026
A Czech startup is making factory automation easier by letting workers teach robots new tasks through simple demonstrations instead of complex coding.

Resource-sharing boosts robotic resilience

  31 Mar 2026
When a modular robot shares power, sensing, and communication resources among its individual units, it is significantly more resistant to failure than traditional robotic systems.

Robot Talk Episode 150 – House building robots, with Vikas Enti

  27 Mar 2026
In the latest episode of the Robot Talk podcast, Claire chatted to Vikas Enti from Reframe Systems about using robotics and automation to build climate-resilient, high-performance homes.

A history of RoboCup with Manuela Veloso

and   24 Mar 2026
Find out how RoboCup got started and how the competition has evolved, from one of the co-founders.

Robot Talk Episode 149 – Robot safety and security, with Krystal Mattich

  20 Mar 2026
In the latest episode of the Robot Talk podcast, Claire chatted to Krystal Mattich from Brain Corp about trustworthy autonomous robots in public spaces.



Robohub is supported by:


Subscribe to Robohub newsletter on substack




 















©2026.02 - Association for the Understanding of Artificial Intelligence