The FAA is under fire again by a watchdog group looking out for Amateur Drone Enthusiasts and the registration system is again in appeals.

A Washington DC group dedicated to promoting “the progress of technology that improves the human condition” has filed yet another petition calling for a review of the Federal Aviation Administration’s (FAA) mandatory consumer drone registration in the District of Columbia Court of Appeals.

Listed in the appeal TechFreedom has claimed:

• The FAA’s action violates Section 336 of the FAA Modernization and Reform Act of 2012 that prohibits the FAA from promulgating ”any rule or regulation regarding a model aircraft.”
• The FAA exceeded its authority to regulate aircraft registration as the new rule requires the registration of “persons who own model aircraft,” not aircraft themselves.
• The FAA’s failure to provide the public with notice of the new regulation and an opportunity for comment before it was implemented was “arbitrary, capricious, an abuse of discretion.”

This is the second lawsuit against drone registration. In December 2015, just shortly after the system was launched, we did a story about insurance lawyer and drone hobbyist John Taylor who sued the FAA challenging the legality of the registry. Taylor also alleged the FAA’s drone registration system violated Section 336.

The FAA requires consumer to register drones that weigh more than 0.55 pounds and less than 55 pounds before Friday, Feb. 19, 2016. Registration cost is only $5 and remains valid for three years. When registering you will need to provide your name, home address and e-mail address. Failing to register a drone can result in civil penalties up to $27,500 USD while criminal penalties for failure to register can be up to $250,000 USD. There have been more than 342,000 people to register in the US according to the FAA.

The International Air Transport Association (IATA) recently expressed concerns about the “real and growing threat” consumer drones pose to commercial aviation. The IATA said at the Singapore Airshow “there needs to be a sensible approach to regulation and a pragmatic method of enforcement for those who disregard rules and regulations.” The IATA’s main concern is drones flying at low altitudes near airports, but the group also wants to ensure the radio spectrum used to control the drones does not interfere with air traffic control systems.

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