Fleishman Law

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Raphael Pirker, a videographer who was fined $10,000 by the Federal Aviation Administration (“FAA”) in 2011 for for illegally operating the his five-pound drone for commercial purposes and operating it in a “wreckless manner,” just settled with the FAA for $1,100.  Pirker’s original case was dismissed by an Administrative Law Judge (“ALJ”) with the National Transportation Safety Board (“NTSB”) last March.  The ALJ ruled this past March that Mr. Pirker’s plastic-foam drone was a model aircraft and was not subject to FAA rules for manned aircraft, which directly cast doubt on the FAA’s authority to regulate drones.  However, the full NTSB…
Continue Reading Federal Aviation Administration Settles Case with Raphael Pirker

Raphael Pirker, a videographer who was fined $10,000 by the Federal Aviation Administration (“FAA”) in 2011 for for illegally operating the his five-pound drone for commercial purposes and operating it in a “wreckless manner,” just settled with the FAA for $1,100.  Pirker’s original case was dismissed by an Administrative Law Judge (“ALJ”) with the National Transportation Safety Board (“NTSB”) last March.  The ALJ ruled this past March that Mr. Pirker’s plastic-foam drone was a model aircraft and was not subject to FAA rules for manned aircraft, which directly cast doubt on the FAA’s authority to regulate drones.  However, the full NTSB…
Continue Reading Federal Aviation Administration Settles Case with Raphael Pirker

The long-standing issue of federal preemption in the immigration context has found a new corollary in the battle over how states, counties, and municipalities are dealing with the rise in drone use.  As drone use continues to increase, states and municipalities are trying to determine whether their broad police powers are sufficient to regulate drones, and how such regulations might be affected by the regulatory authority of the federal Federal Aviation Administration (“FAA”).  The FAA, which is part of the Department of Transportation, is responsible for the safety of civil aviation, and drone use has fallen under its regulatory authority. …
Continue Reading Drones – The Looming Battle of Preemption

The long-standing issue of federal preemption in the immigration context has found a new corollary in the battle over how states, counties, and municipalities are dealing with the rise in drone use.  As drone use continues to increase, states and municipalities are trying to determine whether their broad police powers are sufficient to regulate drones, and how such regulations might be affected by the regulatory authority of the federal Federal Aviation Administration (“FAA”).  The FAA, which is part of the Department of Transportation, is responsible for the safety of civil aviation, and drone use has fallen under its regulatory authority. …
Continue Reading Drones – The Looming Battle of Preemption