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 135 – Robot anatomy and design, with Chapa Sirithunge

  28 Nov 2025
In the latest episode of the Robot Talk podcast, Claire chatted to Chapa Sirithunge from University of Cambridge about what robots can teach us about human anatomy, and vice versa.

Learning robust controllers that work across many partially observable environments

  27 Nov 2025
Exploring designing controllers that perform reliably even when the environment may not be precisely known.

Human-robot interaction design retreat

  25 Nov 2025
Find out more about an event exploring design for human-robot interaction.

Robot Talk Episode 134 – Robotics as a hobby, with Kevin McAleer

  21 Nov 2025
In the latest episode of the Robot Talk podcast, Claire chatted to Kevin McAleer from kevsrobots about how to get started building robots at home.

ACM SIGAI Autonomous Agents Award 2026 open for nominations

  19 Nov 2025
Nominations are solicited for the 2026 ACM SIGAI Autonomous Agents Research Award.

Robot Talk Episode 133 – Creating sociable robot collaborators, with Heather Knight

  14 Nov 2025
In the latest episode of the Robot Talk podcast, Claire chatted to Heather Knight from Oregon State University about applying methods from the performing arts to robotics.

CoRL2025 – RobustDexGrasp: dexterous robot hand grasping of nearly any object

  11 Nov 2025
A new reinforcement learning framework enables dexterous robot hands to grasp diverse objects with human-like robustness and adaptability—using only a single camera.



 

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