FAA Sued Over Model Aircraft Operations

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Key Takeaways:

  • Texas EquuSearch, a non-profit organization using camera-equipped model aircraft for search and rescue, has been issued a cease and desist order by the FAA.
  • The FAA asserts that non-recreational model aircraft operations, even for humanitarian search and rescue, require specific authority, pilot and aircraft certifications, and government sponsorship.
  • Texas EquuSearch is suing the FAA, arguing that the ban on UAS for businesses does not apply to their humanitarian efforts and that the FAA has abused its discretion, negatively impacting their ability to conduct vital search and rescue operations.
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A nonprofit organization that claims to have coordinated more than 1,300 aerial searches and found more than 300 missing persons using model aircraft equipped with a camera is suing the FAA over the FAAs definition of unmanned aircraft systems (UAS). Despite its avowed humanitarian and non-commercial purpose, Texas EquuSearch was the recipient of a cease and desist order on March 17 from the FAA demanding that Texas EquuSearch stop all UAS activities, asserting that model aircraft operation for other than recreation require specific authority from the FAA and are subject to pilot and aircraft certifications as UAS. Further, the FAA claimed that search and rescue activities must be sponsored by a government agency, as with previous emergency UAS approvals.

The law firm representing Texas EquuSearch said the FAA ban on businesses using UAS does not apply to humanitarian use and that a model aircraft equipped with a camera is perhaps the single most powerful search and rescue tool in the critical early hours. The lawsuit claims the FAA has abused its discretion regarding model aircraft operations, demands an immediate review of the FAAs prohibition of model aircraft use for search and rescue, and asserts that the ban has negatively affected Texas EquuSearchs ability to operate and has an immediate and significant impact on its daily operations.

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