3 Problems with the Drone Registration Recommendations

There's a long way to go before a drone registration system can come out. We examine some of the potential problems with the drone registration recommendations.

Photo Caption: It doesn't look like the drone registration system will be cleared in time for the holiday season. (Photo Credit: diyphotography.net)

The FAA will have to go one step further and require that the drone operator be required to (1) possess a valid form of government ID and (2) present it to law enforcement upon request. This will make things harder because the individual will then have to assume an identity and obtain a fake ID, unless he is going on a one-way mission.

Remember that Section 336 of the FAA Modernization and Reform Act of 2012 that I talked about in the previous blog post prevents the creation of new regulations affecting model aircraft but does not prevent the FAA from using already existing regulations. 14 CFR 61.3(a) says:

(a) Required pilot certificate for operating a civil aircraft of the United States. No person may serve as a required pilot flight crewmember of a civil aircraft of the United States, unless that person: . . .

(2) Has a photo identification that is in that person’s physical possession or readily accessible in the aircraft when exercising the privileges of that pilot certificate or authorization. The photo identification must be a:

(i) Driver’s license issued by a State, the District of Columbia, or territory or possession of the United States;

(ii) Government identification card issued by the Federal government, a State, the District of Columbia, or a territory or possession of the United States;

Read the complete recommendation report from the drone registration task force.

(iii) U.S. Armed Forces’ identification card;

(iv) Official passport . . . .

(l)Inspection of certificate. Each person who holds an airman certificate, medical certificate, authorization, or license required by this part must present it and their photo identification as described in paragraph (a)(2) of this section for inspection upon a request from:

(1) The Administrator;

(2) An authorized representative of the National Transportation Safety Board;

(3) Any Federal, State, or local law enforcement officer; or

(4) An authorized representative of the Transportation Security Administration.

The problem with trying to apply this section to recreational flyers is that 61.3(a) applies to individuals with a “pilot certificate” and 61.3(l) applies to individuals who hold an “airman certificate, medical certificate, authorization, or license[.]”

A Change of Address

What happens when you move? How many days do you have before you must update your address in the system?

14 CFR 61.60 says, “The holder of a pilot, flight instructor, or ground instructor certificate who has made a change in permanent mailing address may not, after 30 days from that date, exercise the privileges of the certificate unless the holder has notified in writing the FAA, Airman Certification Branch, P.O. Box 25082, Oklahoma City, OK 73125, of the new permanent mailing address, or if the permanent mailing address includes a post office box number, then the holder’s current residential address.”

Once again, this regulation applies to individuals with pilot certificates.

What Happens Now in the Rule making Process?

Here are two graphical depictions of the FAA’s internal and external rule making process. There are many little steps in the external rule making process that are not covered for brevity’s sake. The red arrow stands for where the registration regulations are and the blue arrow depicts where the commercial drone regulations are.

As you can see, we have a long way to go before any drone registration regulations can come out. To give you an idea of how long the rulemaking process takes, the rulemaking process for the commercial drone regulations (Red Arrow) were started in 2009 and the proposed regulations were only published in February of this year. I estimate that the proposed commercial drone regulations (Red Arrow) will not become final for 1-3 years from now. As of today, I checked the DOT’s significant rulemaking report for November and the proposed commercial drone regulations have not even left the FAA to the DOT.

Regarding the registration regulations (Blue Arrow), I don’t have enough information to guestimate but here is a quote from my upcoming book which will discuss the FAA rulemaking process, “In 2001, before the U.S. House of Representatives Sub-Committee on Aviation, Dr. Dillingham testified on the FAA’s rulemaking efforts in response to congressional mandates or NTSB recommendations between fiscal year 1995 and fiscal year 2000.  He said that after the FAA published an NPRM, the ‘FAA took a median time of approximately 2-½ years to complete the rulemaking, although 20 percent of the rules took 10 years or longer to complete.’”[1]

Hopefully, this clears up any questions you have regarding when this regulation is expected to come out. It does not look like the registration regulations will be cleared for take-off prior to Christmas.

[1] U.S. Gov’t Accountability Office, GAO-01-950T, Incomplete Implementation Impaired FAA’s Reform Efforts 1, 3 (2001).

About the Author

Jonathan Rupprecht · Jonathan B. Rupprecht is a drone lawyer and a commercial pilot with single-engine, multi-engine, and instrument ratings. He is also an airplane flight instructor and instrument flight instructor. Jonathan obtained a Bachelor of Science in Professional Aeronautics from Embry-Riddle Aeronautical University, Magna Cum Laude, and a Juris Doctor from Florida International University School of Law.
Contact Jonathan Rupprecht: jon@rupprechtlaw.com  ·  View More by Jonathan Rupprecht.
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