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HelicopterMain Discussion › Taylor v. FAA - Update on Registration/DC SFRA Litigation
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.

02-01-2017 03:46 PM
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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

02-01-2017 04:00 PM
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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.

02-01-2017 05:12 PM
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revmix

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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

02-01-2017 05:17 PM
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heliraptor10

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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?

02-01-2017 05:56 PM
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Heli_Splatter

Key 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.

02-01-2017 05:59 PM
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heliraptor10

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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?

02-01-2017 06:16 PM
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