Court strikes FAA drone-registration rule

The government’s authority to oversee burgeoning recreational drone use was dealt a setback when a federal appeals court barred the Federal Aviation Administration from forcing hobbyists to register the millions of unmanned aircraft taking flight.

While Friday’s decision by the U.S. Court of Appeals in Washington left intact FAA guidance on where recreational drones may fly, the ruling undercuts one of the agency’s primary means of ensuring that unmanned aircraft are operated safely. Some 759,000 hobbyists have signed up since the FAA regulation went into effect in late 2015. The agency estimates that 2.3 million drones will be sold this year for recreational use, plus 2.5 million for commercial operations.

Acting as his own lawyer, drone hobbyist John Taylor sued, contending the FAA didn’t have the power to force hobbyists to register.

“Taylor does not think that the FAA had the statutory authority to issue the registration rule and require him to register,” U.S. Circuit Judge Brett Kavanaugh wrote for the unanimous three-judge panel. “Taylor is right.”

Drone registration was prompted by reports of the unmanned craft flying near traditional aircraft, including airliners at some of the largest U.S. airports. The FAA uses its regulation system to give users safety information. The agency requires drones to have identifying markings to help it find users who have posed a hazard.

The FAA is reviewing the ruling, it said in an emailed statement.

The ruling doesn’t apply to the growing number of commercial drone operators, such as real estate photographers and cell-tower inspectors. It also won’t affect the plans of companies such as Amazon.com Inc. and Alphabet Inc. to create fleets of delivery drones.