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17DEC2015, AMA Says DO NOT REGISTER.........yet

Judge

Judge

70cc twin V2
rcbobp said:
Isn't this against Sec. 336 of the 2012 FAA Modernization Act? Seems like the FAA is completely ignoring that provision.
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AMA thinks so, but the FAA had a very tortured weasel around it by saying that the Registrations is not a NEW rule, registration has always been required, all they are doing is applying an existing rule to models. This is BS since what the FAA has done in the past is register aircraft, not the owners. But that is how their legal Eagles have contorted the situation to fit their desire to subject us to a new rule.
 
F

Flyin4fun

70cc twin V2
Judge said:
AMA thinks so, but the FAA had a very tortured weasel around it by saying that the Registrations is not a NEW rule, registration has always been required, all they are doing is applying an existing rule to models. This is BS since what the FAA has done in the past is register aircraft, not the owners. But that is how their legal Eagles have contorted the situation to fit their desire to subject us to a new rule.
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He is talking about the SFRA in DC....not the registration issue
 
rcbobp

rcbobp

70cc twin V2
Correct, I was talking about the SFRA, but I maintain that even the registration is a violation. Let's say their legal eagles are right, that it's an old rule. Sec. 336 doesn't state that FAA won't enact any new rule, it says it won't "promulgate any rule". That's an important distinction. Promulgate means publicize or make widely known. The fact that they created a new website and new mechanism for modelers to register is clearly making this requirement more widely known. FAA has certainly known about the model airplane community before and has not pressed this issue. Thus, as far as I'm concerned, this is a violation of the language of the 2012 act. They can't rely on an old rule if they are just now making it widely known among the model aviation community.
 
Judge

Judge

70cc twin V2
Sorry, got lost in the various sub topics, main thread topic was registration. As far as 336 and the SFRA, there is no question they can do what they are doing because 336 gives them the legal authority to act:

(b) Statutory Construction.--Nothing in this section shall be construed to limit the authority of the Administrator to pursue enforcement action against persons operating model aircraft who endanger the safety of the national airspace system.
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They use this as a catch all that allows them to take action based on safety, and by extension, security.

For the record, I am NOT saying I agree with them, only trying to relate what I have seen as their own justification for these actions.
 
rcbobp

rcbobp

70cc twin V2
I see your point, as long as they can prove that our flying at our field endangers the safety of the national airspace system.
 
sweetpea

sweetpea

100cc
They don't have to prove that. They only have to say it. Unless you plan to spend Thousands if not millions suing the FAA to clarify with a Judge what can be proved.

That is Gov't. We can enact any law/ordinance/etc we want. It upto you the people to protest overreach, if you can afford to do so. Remember, you pay twice to go to court. It's your(and anyone else that pays taxes) money they use to try to defeat you. And you pay again for your own lawyer to defeat them.
 
F

Flyin4fun

70cc twin V2
sweetpea said:
They don't have to prove that. They only have to say it. Unless you plan to spend Thousands if not millions suing the FAA to clarify with a Judge what can be proved.

That is Gov't. We can enact any law/ordinance/etc we want. It upto you the people to protest overreach, if you can afford to do so. Remember, you pay twice to go to court. It's your(and anyone else that pays taxes) money they use to try to defeat you. And you pay again for your own lawyer to defeat them.
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Exactly.... and all it takes to rescind Sec. 336 is the stroke of a pen...... so , again, watch what you ask for.
 
rcbobp

rcbobp

70cc twin V2
Wow they are really screwing the pooch. Once again they are talking about registering our model aircraft, which is NOT what is required. Heck, in their signoff, they misspelled their domain name!
 
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