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





Related posts :



Robot Talk Episode 129 – Automating museum experiments, with Yuen Ting Chan

  17 Oct 2025
In the latest episode of the Robot Talk podcast, Claire chatted to Yuen Ting Chan from Natural History Museum about using robots to automate molecular biology experiments.

What’s coming up at #IROS2025?

  15 Oct 2025
Find out what the International Conference on Intelligent Robots and Systems has in store.

From sea to space, this robot is on a roll

  13 Oct 2025
Graduate students in the aptly named "RAD Lab" are working to improve RoboBall, the robot in an airbag.

Robot Talk Episode 128 – Making microrobots move, with Ali K. Hoshiar

  10 Oct 2025
In the latest episode of the Robot Talk podcast, Claire chatted to Ali K. Hoshiar from University of Essex about how microrobots move and work together.

Interview with Zahra Ghorrati: developing frameworks for human activity recognition using wearable sensors

and   08 Oct 2025
Zahra tells us more about her research on wearable technology.

Women in robotics you need to know about 2025

  06 Oct 2025
This global list celebrates women's impact across the robotics ecosystem and globe.

Robot Talk Episode 127 – Robots exploring other planets, with Frances Zhu

  03 Oct 2025
In the latest episode of the Robot Talk podcast, Claire chatted to Frances Zhu from the Colorado School of Mines about intelligent robotic systems for space exploration.



 

Robohub is supported by:




Would you like to learn how to tell impactful stories about your robot or AI system?


scicomm
training the next generation of science communicators in robotics & AI


 












©2025.05 - Association for the Understanding of Artificial Intelligence