As reported by ArsTechnia: A Texas volunteer search-and-rescue outfit that uses five-pound
drones to find missing persons is resuming operations following its
Friday courthouse victory against US flight regulators.
Federal Aviation Administration officials in February grounded Texas EquuSearch Mounted Search and Recovery Team, which deployed the unmanned aircraft to search for the missing for free.
EquuSearch, which does not charge for its services, says it has found
more than 300 persons alive in some 42 states and eight countries. It
challenged the FAA's order and, indirectly, prevailed. The US Court of
Appeals for the District of Columbia Circuit found [PDF] that the e-mail from the FAA to EquuSearch was not the official method for a cease-and-desist order.
"The court's decision explains that Texas EquuSearch is not under any
FAA mandate to stop using civilian drones to help families find their
missing loved ones. Therefore, the organization and its volunteers plan
to resume their use of this life-saving technology immediately," Brendan
Schulman, the group's attorney, said in an e-mail.
In response, the FAA said the decision, however, "has no bearing on
the FAA's authority to regulate" the commercial use of drones. The
agency did not say whether it would commence official proceedings
against EquuSearch to enforce its 2007 ban on the commercial use of
drones in the US.
Schulman maintains that the agency's 2007 edict cannot be enforced at all because of a different court ruling.
In March, a federal judge ruled that the FAA's ban on the commercial
use of drones was not binding because flight officials did not give the
public a chance to comment on the agency's rules. Congress has delegated
rule making powers to its agencies, but the Administrative Procedures
Act requires the agencies to provide a public notice and comment period
first.
The agency has promised that it would revisit the commercial
application of small drones later this year, with potential new rules in
place perhaps by the end of 2015. But for now, the agency is taking a
hard-line against the commercial use of drones, and it's unclear whether
that policy would change.
The National Park Service banned drones from being flown throughout the park system last month.
The FAA also reiterated its rules last month to make clear that
proposed drone-delivery services like the one Amazon.com has proposed
won't be coming to consumers' front doors anytime soon. The FAA also
said the small drones were barred from a number of uses, including:
- Determining whether crops need to be watered that are grown as part of a commercial farming operation.
- A person photographing a property or event and selling the photos to someone else.
- A Realtor using a model aircraft to photograph a property that he is trying to sell and using the photos in the property's real estate listing.
- Receiving money for demonstrating aerobatics with a model aircraft.
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