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 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.

A multi-armed robot for assisting with agricultural tasks

  18 Mar 2026
How can a robot safely manipulate branches to reveal hidden flowers while remaining aware of interaction forces and minimizing damage?

Graphene-based sensor to improve robot touch

  16 Mar 2026
Multiscale-structured miniaturized 3D force sensors for improved robot touch.

Robot Talk Episode 148 – Ethical robot behaviour, with Alan Winfield

  13 Mar 2026
In the latest episode of the Robot Talk podcast, Claire chatted to Alan Winfield from the University of the West of England about developing new standards for ethics and transparency in robotics.

Coding for underwater robotics

  12 Mar 2026
Lincoln Laboratory intern Ivy Mahncke developed and tested algorithms to help human divers and robots navigate underwater.

Restoring surgeons’ sense of touch with robotic fingertips

  10 Mar 2026
Researchers are developing robotic “fingertips” that could give surgeons back their sense of touch during minimally invasive and robotic operations.

Robot Talk Episode 147 – Miniature living robots, with Maria Guix

  06 Mar 2026
In the latest episode of the Robot Talk podcast, Claire chatted to Maria Guix from the University of Barcelona about combining electronics and biology to create biohybrid robots with emergent properties.

Developing an optical tactile sensor for tracking head motion during radiotherapy: an interview with Bhoomika Gandhi

  05 Mar 2026
Bhoomika Gandhi discusses her work on an optical sensor for medical robotics applications.



Robohub is supported by:


Subscribe to Robohub newsletter on substack




 















©2026.02 - Association for the Understanding of Artificial Intelligence