Here are some of the problems I see with mandatory drone registration.
Problem 1: Not Enough N Numbers
At this pace, we are going to run out of N numbers in the future.
Problem 2: What Happens When You Don’t Want to Fly Anymore?
So the citizen has to register his drone. The drone registrations last for three years under the current regulations. Are you going to force people to re-register their drones? Must they always have the drone registered? I can see a large group of people just letting the registration lapse and then selling their drones off on Amazon, Ebay, Craiglist, flea markets, and garage sales. Are the sellers required to keep paperwork of who they sold the drone to?
Problem 3: What in the World Does the FAA and/or DOT Even Regulate?
This problem is exactly like gun registration. The lower receiver is what is considered the “gun” and that is what is regulated federally. All the other gun parts you can buy and sell without registration. What is going to be considered the “aircraft” for purposes of drones? The batteries, the motors, the transmitter, the flight controller? Is it only a whole aircraft? Are drone kits regulated or just fully assembled drones?
14 C.F.R 1.1 says, “Aircraft means a device that is used or intended to be used for flight in the air.” To be logically consistent, only a WHOLE or COMPLETE aircraft can meet this criteria.
Problem 4: What is a Drone for Purposes of Registration?
My Cheerson CX-10 can fit in my hand. Are we going to regulate all nanodrones? The paper airplane drone? Is there a weight or operational cutoff?
Problem 5: How Will Drones be Identified?
A drone sucked in a jet engine is going to be all over the place. Are you going to require metal placards attached to the drone? Furthermore, it is easy to scratch off a serial number. Is possession of a drone with a scratched off serial number going to become illegal?
Problem 6: How Will Drone Registration Actually Prevent Reckless Flying?
The two main groups that are causing problems are the (1) “how high can it fly” group and the (2) “I will fly wherever I want” group. Both of these groups can be countered with geo-fencing far better than registration. Registration points you to who might have caused the incident, geo-fencing can help prevent it.
Problem 7: How Does the DOT or FAA Have Authority to Require Drones on the Ground to be Registered?
I understand that once the drone leaves the store, comes out of the box, goes out of the house, and then gets a smidge off the ground, then the FAA can argue jurisdiction, but how can it argue jurisdiction anywhere before?
Part 47 is the part of the regulations, which talks about registration requirements. 14 C.F.R § 47.1 says, “This part prescribes the requirements for registering aircraft under 49 U.S.C. 44101-44104.” Let’s read 49 U.S.C 44101 which says, “(a) REGISTRATION REQUIREMENT.-Except as provided in subsection (b) of this section, a person may operate an aircraft only when the aircraft is registered under section 44103 of this title.”
Part 91 is the operational requirements for aircraft. 14 CFR 91.203(a) says, “Except as provided in§ 91.715, no person may operate a civil aircraft unless it has within it the following: . . . (2) An effective U.S. registration certificate issued to its owner or, for operation within the United States, the second copy of the Aircraft registration Application as provided for in§ 47.31(c), or a registration certification issued under the laws of a foreign country.”
Did you notice that § 44101 and § 91.301 both say the word “operate,” which is defined in 14 C.F.R. 1.1, “Operate, with respect to aircraft, means use, cause to use or authorize to use aircraft, for the purpose (except as provided in §91.13 of this chapter) of air navigation including the piloting of aircraft, with or without the right of legal control (as owner, lessee, or otherwise).”
Buying a drone from a store is NOT operating a drone. Once the drone leaves the ground outside, then the FAA can argue jurisdiction.
Be
sure to check out our slideshow of some of the most common drones!
Problem 8: Where is the $$$$?
Who is paying for this? Is this even in the budget of the FAA and DOT? The FAA is currently having to hire more contractors to pick up the slack in the rulemaking department, DOT docket office, and in the ATO with COA processing. Is Oklahoma City going to be responsible for this?
