Today, the NTSB issued it decision on the Pirker appeal. For those who need a quick recap, Pirker was the first UAS operator subject to an FAA enforcement action. Specifically, Pirker was fined by the FAA for operating a drone “carelessly and recklessly” while filming promotional video on the UVA campus. In a decision this past March, NTSB Judge Geraghty dismissed the FAA’s Order of Assessment against Pirker finding that nothing the FARs permitted the FAA to regulate model aircraft. More specifically, Judge Geraghty found that accepting the FAA’s definition of aircraft was untenable, and would result in paper airplanes being subject to the FAA’s regulation, a reductio ad absurdum if ever there was one!
On appeal, however, the NTSB board appears to have blessed just such a result, finding Pirker’s unmanned aircraft system is an “aircraft” for purposes of § 91.13(a). Moreover, the NTSB stated: “We acknowledge the definitions are as broad as they are clear, but they are clear nonetheless,” and, “In summary, the plain language of the statutory and regulatory definitions is clear: an ‘aircraft’ is any device used for flight in the air.” Full decision can be found here.