Im not sure if this has ever been discussed here, but I just re-read the opinion and it does say what I thought it said, making it very relevant. This is an incredibly interesting case where the FAA was required to engage in rule-making to overcome 30 years of advice imparted by FAA officials to Alaskan guide pilots. Ostensibly, Alaskan private pilots were allowed engage in commercial activity because the FAA led them to believe that it was not prohibited. By the result in this case, one could certainly argue that a similar reliance has been created by Advisory Circular 91-57 (for AMA members particularly). One might also assert that commercial UAS (RC Model, including FPV) operations are allowed until the FAA engages in new rule-making, taking into account public comment. This is to be differentiated from the FAAs interpretation, of its own rules. Full opinion here: law.justia/cases/federal/appellate-courts/F3/177/1030/475554/
Posted on: Mon, 06 Oct 2014 20:27:16 +0000
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