Individual Brings Lawsuit Against The Agency In Federal Court

A private individual has filed a lawsuit against the FAA in the Court of Appeals for the District of Columbia claiming that the FAA's new UAV registrations rules contradict Section 336 of the FAA Modernization and Reform Act of 2012.

The suit was filed by John A. Taylor, an insurance attorney who builds and flies multi-rotor aircraft as a hobby he picked up about a year ago. Contributor John Goglia writes in Forbes that Taylor expected some hobby groups or UAV manufacturers to file suit against the agency over the registration rule, but when that didn't happen, he filed one himself.

Taylor says he does not have any experience with aviation or administrative law, but as a long-time litigator, he feels competent to handle the case.

Taylor has asked that the court “issue an order declaring that the [FAA's registration rule] is void” because the FAA Modernization and Reform act passed in 2012 specifically prohibits the FAA from establishing new rules or regulations for model aircraft if they are used solely for hobby or other recreational purposes.

A request by Taylor for an emergency stay of the registration requirement while the case was being considered was denied by the court on Christmas Eve. The court said that Taylor "has not satisfied the stringent requirements for a stay pending court review." It will proceed on a schedule determined by the court, with the next filing deadline on January 27th.

The AMA declined to comment specifically on the lawsuit, but has said in the past that it is opposed to the requirement for registration for operators who are already part of an established community, who register with the AMA, and who have flown safely for decades.

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