A new chapter has opened in the long running struggle between Texas EquuSearch and the FAA. As we reported earlier, Texas EquuSearch lost its lawsuit seeking an injunction to prevent the FAA from enforcing its restrictions on UAS operations. With the suit dismissed, Texas EquuSearch had two options, either follow the FAA’s rules, or break … Continue Reading
Last week, we wrote about the potential benefit UAS operations can have for disaster response. Today, we write about a recent incident that shows the darker side of the intersection between disaster and UAS. For the past several days, a wildfire has been burning uncontrolled in California wine country. According to reports, a UAS nearly … Continue Reading
One of the major issues in the FAA’s ongoing UAS rulemaking is deciding what types of pilot training and certification will be required. Currently, there does not seem to be a consensus on what skill levels are required for small commercial UAS operation. Most of the Section 333 exemption petitions propose using an operator who … Continue Reading
If you are in the aviation business, you can’t afford to miss this conference … Component Manufacturers, Parts Suppliers, Service Centers, MROs: The NTSB, Airframe Manufacturer and You! The Aviation and Transportation Practice Group of McKenna Long & Aldridge LLP in partnership with JLT Aerospace is sponsoring this one-day program on September 11, 2014 Sheraton … Continue Reading
MH 370, MH 17, Air Algerie, TransAsia . . . . Four airline disasters. Hundreds of people dead, but few answers. MH 370 has still not been found and, other than speculation, little is known. MH 17 was, by all accounts, shot down. But, despite the international outrage, there has been little or no investigation … Continue Reading
When has an American industry truly arrived? When competitions are held and champions crowned, of course. Embry-Riddle announced its sponsorship of a UAS Challenge in Reno, Nevada, Sept. 12-14, during the 48th annual National Championships (aka the Reno Air Races). The competition will feature an obstacle course, lifting maneuvers and a time trial. And for … Continue Reading
People increasingly see drones as “the future of aviation,” but could they also be the future of aviation accident response and investigation? If a plane crashes intact in a well-developed area, then probably not. If, however, the aircraft crashes in a wilderness area or an area where it is dangerous for responders to get into, then … Continue Reading
The drama between the FAA and Texas Equusearch ended just as we predicted. The United States Court of Appeals for the District of Columbia Circuit dismissed the suit without reaching the merits. No matter what kind of spin the Equusearch lawyer places on it, the big winner is the FAA! Texas Equusearch filed suit against … Continue Reading
A little over a month ago, the FAA opened the Section 333 UAS exemption process and targeted several industries for approval, including cinematographers and filmmakers. To date, eight companies involved in movie making have had their Section 333 petitions printed in the Federal Register for notice and comment. So, what are people saying to the … Continue Reading
As we pointed out the other day, there was little doubt that as the drama of the shootdown of MH 17 unfolds, the speculation regarding fault, blame and fingerpointing was likely to start almost immediately. Sure enough, it has started. Not unexpectedly, plaintiffs lawyers are leading the charge. Just this past Saturday, The Washington Post … Continue Reading
The FAA has been working for the last six months to try to make sure the public is aware that recreational UAS flights are permissible, but commercial UAS flights are still forbidden. Despite these efforts, we see stories in the news almost daily about someone facing investigation because they were unaware of the restrictions. In … Continue Reading
After the months of continuing intrigue surrounding the fate of Malaysia Airlines Flight 370, no one could have imagined we would be talking about Malaysia Airlines Flight 17. Almost 300 passengers and crew lost their lives when the aircraft was shot out of the sky, a casualty of the hostilities in that part of the … Continue Reading
Webinar Section 333 Approvals: Preparing, Filing and Obtaining Them September 8, 2014 1:00 – 3:00 pm EDT RSVP HERE! The Federal Aviation Administration (FAA) is currently scheduled to issue its small UAS Notice of Proposed Rulemaking (NPRM) in the fall of this year. This will mark the beginning of a formal rulemaking process that will … Continue Reading
When is a recreational activity not a recreational activity? When it’s big business. According to a recent article, a number of college football teams, including UCLA and Oregon State have been using drones to record practices. While many teams employ camera’s high up in the stadium to get a better perspective on the action at … Continue Reading
Products Liability A baseball umpire would call you out after three strikes. But in a recent case, Piper Aircraft won once, twice, three times and then, a fourth time, in the Eleventh Circuit Court of Appeals. The case began in 2008 when a South African company bought a new Piper aircraft from an aircraft dealer … Continue Reading
On July 4, a Tennessee businessman used his UAS/drone to capture some beautiful images of the fireworks show in downtown Nashville. Apparently, his purpose was to promote a new business venture he is launching in October. Robert Hartline, according to posts on Facebook, said he “was on firm legal footing for the activity.” The report … Continue Reading
Since 1981, UAS hobbyists have been free to fly, bound by only general guidelines. The FAA’s recent publication of its Special Rule for Model Aircraft attempts to spell out in much more detail the types of conduct that is prohibited. Of course, most people know that the FAA doesn’t have a lot of resources to police hobbyists. … Continue Reading
One of the trickiest things in the practice of law is managing deadlines. Courts and administrative agencies set strict timetables for virtually every action. If the Court says you have 14 days to file a response, they generally mean it and most courts are not open to extensions. Knowing that the deadline is 14 days, … Continue Reading
On July 1, 2014, the NTSB, issued an investigative report on the largely unregulated activity of parasailing. Citing eight accidents investigated by the Board, the NTSB issued a new Safety Alert, as well as six Safety Recommendations to the Coast Guard, FAA and the National Association of State Boating Law Administrators. Now, don’t get us wrong! … Continue Reading
The rumors evoke powerful images. Shadowy figures moving about in darkened alleys . . . is someone there or is it your imagination? Suddenly, like Orson Wells in the Third Man, a light briefly shines out and the figure is revealed! According to a recent story in the Wall Street Journal, many who hang out … Continue Reading
The FAA assures us that the UAS regulatory process is well underway, and that they are still on track to release the long awaited small UAS rules by November. Congress, however, has been increasingly skeptical of the FAA’s ability to manage UAS integration into the national airspace. As a result, they asked the Office of … Continue Reading
The White House has announced it will nominate NTSB Acting Chairman Chris Hart to his own term as Chairman. Soon-to-be Chairman Hart is a lawyer, an aviation professional, a former FAA official and highly qualified in every respect. Outstanding!… Continue Reading
Last week, the FAA published rules for the operation of model aircraft and requested public comment. A survey of the news coverage on the announcement shows that many people are under the assumption that because this is a rule published in the Federal Register and that public comments are requested, that, at some time in … Continue Reading
