FAA Drone Registration goes live

bitogre

Member
Actually it's not your 1st amendment right at all. What you posted is a not protected by the 1st amendment at all. You proposed a criminal act and their in it self is a crime.

Can you site the actual law or a case? We see on the news protesters promoting even worse crimes against police and they are not prosecuted for such horrendous statements. As far as I'm concerned, my comment was made in the same vein: a statement of protest against a regulation I strongly disagree with and point out that AMA Membership # on my plane is effectively the same thing.
 

bhursey

The Geeky Pilot
The FAA's mandate is NOT law. Only congress can set federal law not an administrative office. The FAA may think they make law but its a regulation hence the civil fines.. The law is public law 112-95 sec 336 which the FAA is breaking.
 
The FAA's mandate is NOT law. Only congress can set federal law not an administrative office. The FAA may think they make law but its a regulation hence the civil fines.. The law is public law 112-95 sec 336 which the FAA is breaking.

They are breaking a law... while trying to make one:rolleyes:.

And their "law" is also ineffective.
 

bitogre

Member
Your AMA number is not the same as the new FAA number. One is volunteering the other is federal mandate. One is for your insurance policy number and the other is now law and is required.

Gitlow v. New York

Whitney v. California
What is the Reasonableness Test for incitement of illegal activities?
The government can punish speech that incites unlawful activity so long as it is reasonable. Must be legitimate state interest and done through reasonable means.

As far as what you quoted me on if you look further into that post. I did not incite nor recommend illegal action. I said don't register and roll the dice. Nothing close to what the other gentleman posted. Nice try.

I find it interesting that both the cases cited are cases where the court upheld "conviction on the basis that the government may suppress or punish speech that directly advocates the unlawful overthrow of the government." While I am not a lawyer, I think what I did is protected based on the Brandenburg test just as other speech I pointed out before we see on TV is also protected. I do not like that I am siting a case where some extremely awful speech I disagree with was protected as proof that my speech is equally protected. But I am happy that the Right to Free Speech is recognized, even the speech I find horrific as it also protects me.

BTW, thanks for providing me with those cases. Researching my response was very educational and eye opening and helps me appreciate the freedoms we have in the US.
 

bhursey

The Geeky Pilot
Well since it's not being challenged by Congress looks like it's happening. But your AMA number does not supplant the FAA required paperwork. Now if the faa changes it so they allow ama members to not register, I'm sure the faa will get all active member info for accountability.

It sounds like you want the registration?
 

bitogre

Member
Wrong test by the way.

You fall under Reasonableness Test

And just cause one person does it on TV does not make it legal. Press freedom of speech is different then yours. You want a can of worms look that one up. My head nearly popped off when I saw that one.

I cannot find anything on Reasonableness Test. What I am finding is "Reasonable Person Test" but I don't see how that applies here. Can you provide a link to a site that discusses it? And why does the test I mentioned not apply? It is referenced when I looked up the "Bad tendency" test that was mentioned in the cases you sited and the "Bad tendency" test was overturned and replaced with the Brandenburg test.

Finally, are you a lawyer? Just trying to understand why we are even having this debate.
 

bitogre

Member
Not a lawyer but I play one on the internet.

That is a 3 part test to determine if what people say is protected by the 1st amendment. Dig around a wee bit more you will find it. I am nearly out of my google-foo for the day. Honestly we can settle it with we are both right and wrong and call it a gentleman agreement.

I can accept calling it a draw with both of us having made good points and both failing to decisively prove our side.
 

Sneeky7

Member
They (FAA) are already aware of how poorly written that is and I posted that a while ago. Few articles already pointed that out.

My bad, I'm just getting fired up. It's really ironic because (proving your point!) their own updated Guideline document references 336(a) of the Act. It's hilarious.
 
I was previously under the impression that any RC aircraft was covered by the new rules but after visiting the registration site I now believe that the FAA only intends for drone pilots to register. Here is what I saw on the website: The site made constant use of the word drone. "register my drone" "Do I need to register my drone?" "You will be subject to civil and criminal penalties if you meet the criteria to register a drone and do not register." And then another "register my drone" button.
https://registermyuas.faa.gov/

Additionally, if you click on the "Learn more" button and then on " examples of UAS that do and do not require registration (PDF)", you will be treated to examples of many drones, but no airplanes. http://www.faa.gov/uas/registration/faqs/media/UAS_Weights_Registration.pdf

QED

So really, if you only fly rc airplanes you don't need to register since the new program seems to be only for drones.
 
Drone is a meaningless term, these days.

The pictures in your example show multi-rotor 'copters. I believe the FAA intends for all r/c aircraft over 250g (8.8 oz.) to be registered, whether fixed wing, helicopter, or multi-rotor.
 

bhursey

The Geeky Pilot
I was previously under the impression that any RC aircraft was covered by the new rules but after visiting the registration site I now believe that the FAA only intends for drone pilots to register. Here is what I saw on the website: The site made constant use of the word drone. "register my drone" "Do I need to register my drone?" "You will be subject to civil and criminal penalties if you meet the criteria to register a drone and do not register." And then another "register my drone" button.
https://registermyuas.faa.gov/

Additionally, if you click on the "Learn more" button and then on " examples of UAS that do and do not require registration (PDF)", you will be treated to examples of many drones, but no airplanes. http://www.faa.gov/uas/registration/faqs/media/UAS_Weights_Registration.pdf

QED

So really, if you only fly rc airplanes you don't need to register since the new program seems to be only for drones.

Seems they are targeting quads but to do it they had to blanket include all rc aircraft. However the reffrence just quads. Police a bet will just go after quads that are marked by the media as drones.
 

Sneeky7

Member
Seems they are targeting quads but to do it they had to blanket include all rc aircraft. However the reffrence just quads. Police a bet will just go after quads that are marked by the media as drones.

That's 100% the truth. The FAR came about in response to quadcopter hobby growth, no question about it. Like someone else commented, even the FAA's own "sample UAS" list that someone in here linked to is exclusively targeting quads.

I have total belief that police will rarely, if at all, be targeting fixed wing flyers.
 

razor02097

Rogue Drone Pilot
Don't see many planes or helis buzzing about...ever around here.

and I have yet to see a "drone" buzzing around where I am. No matter the area you aren't going to see the entire populous operating those death machines :rolleyes:

As far as the accountability argument, seems like the media has you hook line and sinker. Every story published involves a "drone" and "the operator crashed and ran away" connotation. You never hear of the other tens of thousands of people that are responsibly flying. If they wanted to make it illegal to fly over events and crowds they should just do that. Instead they are creating another unsecured, publicly searchable database. Which is going to solve absolutely nothing. Was the "education" part the FAA was talking about the quick blurbs of "do not's" you get on your certificate? What a joke!
 

DrDiff

Member
I went ahead and registered. I know I will catch a lot of flack for registering. But I am not a member of the AMA. UAS registration was only $5, AMA is $75.