In the case of the Virginia flight, Pirker allegedly flew his styrofoam plane within 100 feet of an active helicopter pad and 20 feet above a crowded street. The FAA claimed one person had to take “evasive maneuvers” to avoid being hit by the plane, and the administration issued its fine for operating the drone “in a careless or reckless manner so as to endanger the life or property of another."
But yesterday, NTSB administrative law judge Patrick Geraghty ruled in favor of Pirker, stating in his decision that at the time Pirker recorded the video, “there was no enforceable FAA rule or [Federal Aviation Regulation], applicable to model aircraft or for classifying model aircraft as [an unmanned aerial system, or drone].” By the FAA’s interpretation of regulations, he wrote, “The extension of that conclusion would then result in the risible argument that a flight in the air of… a paper aircraft, or a toy balsa wood glider, could subject the ‘operator’ to the regulatory provisions of FAA [regulations].”
Ars could not reach Pirker or an FAA spokesperson for comment on the case.