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HelicopterMain Discussion › Taylor v. FAA - Update on Registration/DC SFRA Litigation
02-01-2017 03:46 PM  4 months agoPost 21
JohnATaylor

New Heliman

Silver Spring, Maryland, USA

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revmix -

AC91-57 was an advisory circular that "encourages voluntary
compliance with, safety standards."
http://www.faa.gov/documentLibrary/...cular/91-57.pdf

It creates no additional authority over model aircraft. It uses the term "voluntary compliance" because the FAA understood we weren't under its jurisdiction.

AC91-57A, though couched as an advisory circular, applies the DC-SFRA to model aircraft for the first time - making it a legislative rule. It didn't go through the requisite APA process for legislative rules,and that's part of my lawsuit.

You might want to take a look at the following document, where the FAA said of model aircraft in 2001:

"Model aircraft do not require a type certificate, airworthiness certificate, or registration. Federal Aviation regulations do not apply to them."
http://www.wolfenstock.com/exhibits/Ex1_4.pdf

The FAA claims now that it's always considered model aircraft to be "aircraft" under its jurisdiction... but that's simply not true.

I'm not saying I won't lose, but both the facts and the law are strongly on my side.

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02-01-2017 04:00 PM  4 months agoPost 22
revmix

Key Veteran

NJ

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where the FAA said of model aircraft in 2001:
r/c aviation evolution 2007 ~ 2012; wait for the postponed reauthorization bill in the fall of 2017
advisory circular
AC is actually not mandatory in private flying activity (only in commercial operation), but NOTAMs are mandatory to all air-traffic in the TFR & SFRA

https://www.faa.gov/regulations_pol...ntNumber=91-57A
Nothing in this AC changes the requirement to comply with the statute or any applicable regulations.
unmanned aircraft per sec.336(c)
DC-SFRA to model aircraft
NOTAM

https://www.faa.gov/news/updates/?newsId=84787

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02-01-2017 05:12 PM  4 months agoPost 23
JohnATaylor

New Heliman

Silver Spring, Maryland, USA

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revmix -

My case is based on the law as it is, not as it may be. Certainly, things may well change.

The materials you cite are from the FAA, not the court that provides oversight. I'm challenging their authority.

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02-01-2017 05:17 PM  4 months agoPost 24
revmix

Key Veteran

NJ

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My case is based on the law as it is,
NOTAM is in fact FAA's authority
challenging their authority
101.41 & 101.43

http://www.ecfr.gov/cgi-bin/text-id...e=14:2.0.1.3.15

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02-01-2017 05:56 PM  4 months agoPost 25
heliraptor10

Key Veteran

kokomo, in-US

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Helisplatter
I'm glad I'm not the only one who sees it like that.

Personally I think it should be related to payload capabilities. Any aircraft that can carry greater than X amount should be registered.

That will limit it to the larger more powerful aircraft, and will mostly affect camera rigs. Which would probably be alright with most of us.

Goblin! where have you been all my life?
RC helis, the original fidget spinners

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02-01-2017 05:59 PM  4 months agoPost 26
Heli_Splatter

Elite Veteran

Silver Spring, MD by way of Sidney, Ne - USA

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Don't misunderstand... I do support the litigation. If it was not done within the rules established, it needs to be modified.

I am just not smart enough to know how the rules should be to support all the players wanting access to the space. I have not met that man, yet I hope to.

When everyone is upset, we will likely have reached the optimal solution.

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02-01-2017 06:16 PM  4 months agoPost 27
heliraptor10

Key Veteran

kokomo, in-US

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When everyone is upset, we will likely have reached the optimal solution.

Love it!
Democracy inaction

Not a typo

Goblin! where have you been all my life?
RC helis, the original fidget spinners

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06-22-2017 01:38 AM  7 days agoPost 28
revmix

Key Veteran

NJ

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hobby registration ID may be restored

https://jrupprechtlaw.com/21st-century-airr-act

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06-22-2017 02:07 AM  7 days agoPost 29
Heli_Splatter

Elite Veteran

Silver Spring, MD by way of Sidney, Ne - USA

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One law "TRUMPS" another. I kind of predicted this would happen.

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06-22-2017 02:09 AM  7 days agoPost 30
EEngineer

Elite Veteran

TX

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More fake news.....

Logo 600SXs, 700XX, 800XX

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06-22-2017 02:50 AM  7 days agoPost 31
JohnATaylor

New Heliman

Silver Spring, Maryland, USA

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The Difference Being...

Only the blind didn't see the potential for this.

The difference being that, if the bill is enacted, it will be a lawful act of if our elected representatives, and not a blatant violation of our laws by the FAA.

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06-22-2017 03:19 AM  6 days agoPost 32
revmix

Key Veteran

NJ

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The Difference Being...
Version 2 won't be freebie

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06-22-2017 03:33 AM  6 days agoPost 33
JohnATaylor

New Heliman

Silver Spring, Maryland, USA

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Wow..

"Version 2 won't be freebie"

What a sad comment.

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06-22-2017 03:43 AM  6 days agoPost 34
EEngineer

Elite Veteran

TX

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Very...and this is what he always does.

And it's barely legible...

Logo 600SXs, 700XX, 800XX

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06-22-2017 03:51 AM  6 days agoPost 35
revmix

Key Veteran

NJ

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comment
notice the smiley

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06-22-2017 09:10 PM  6 days agoPost 36
classic

Elite Veteran

All over the place!

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Hello John, first, thank you very much for all your hard work in support of the hobby!

I did want to ask YOU, not the peanut gallery, did the AMA help or offer any help to you in any way?

Which is worse, ignorance or apathy? I don't know and I don't care!

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06-22-2017 09:23 PM  6 days agoPost 37
JuanRodriguez

Elite Veteran

The Villages, Florida

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I believe he did it on his own .....
And my understanding is that the AMA wants to take credit for John's work ???

John ????

Been there, done that and old enough to know better.....

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06-22-2017 09:48 PM  6 days agoPost 38
raspeitia

Senior Heliman

US - WI

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I would like to ask since John is on this thread and clearly understands the laws in question.

If the FAA is pushing this "Community Based Organization" and the AMA is backing it for obvious reasons, what are the specific requirements to being a CBO?

Can RunRyder with all its registered members across the country just qualify as a CBO?

I have not seen any specific definition or language as to what is considered a CBO, but what I have seen, RunRyder fits the description.

Your thoughts on this would be appreciated.

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06-22-2017 09:55 PM  6 days agoPost 39
classic

Elite Veteran

All over the place!

My Posts: All  Forum  Topic

That was the rumor I heard too Juan, but I wanted his opinion on what really happened if they helped in any or not. I would be more then happy to criticize the AMA but only if they deserve it in this instance.

Which is worse, ignorance or apathy? I don't know and I don't care!

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06-22-2017 10:04 PM  6 days agoPost 40
JohnATaylor

New Heliman

Silver Spring, Maryland, USA

My Posts: All  Forum  Topic

I did want to ask YOU, not the peanut gallery, did the AMA help or offer any help to you in any way?
They did not - but I'm not sure how much should be read into that.

I was fighting this, as much as anything, to stand up for the rule of law. The AMA has to worry about protecting its membership.

I appreciate that some people are dissatisfied with how the AMA handled this - but I think the important thing is to let them know that and to encourage them to redirect their efforts.

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