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The FAA appealed an NTSB administrative law
judge's decision after the judge dismissed the
FAA's order requiring Pirker to pay a civil
penalty of $10,000 for allegedly operating an
unmanned aircraft in a careless or reckless
manner. In his decision, the judge compared
Pirker's unmanned aircraft to a model aircraft,
and found the FAA had not enacted an enforceable
regulation regarding such aircraft.
In reaching its decision, the Board determined
the FAA may apply the regulation that prohibits
operation of an aircraft in a careless or
reckless manner to unmanned aircraft. To
determine whether Pirker violated this
regulation, however, the Board stated an
administrative law judge would need to review
evidence showing the operation was careless or
reckless.
In response to toady's announcement the FAA
released a statement in wich the FAA stated "The
National Transportation Safety Board affirmed
the agency's position that unmanned aircraft
systems (UAS) meet the legal definition of
“aircraft,” and that the agency may take
enforcement action against anyone who operates a
UAS or model aircraft in a careless or reckless
manner.
"The FAA believes Mr. Pirker operated a UAS in a
careless or reckless manner, and that the
proposed civil penalty should stand.
The agency looks forward to a factual
determination by the Administrative Law Judge on
the “careless or reckless” nature of the
operation in question."
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