The FAA have appealed the March ruling of NTSB Administrative Law Judge (ALJ) Patrick G. Geraghty against them.

ISSUES

I. Whether the ALJ Erred in Finding that the Ritewing Zepher Power Glider Respondent Operated in the Vicinity of the University of Virginia Was Not an Aircraft as Defined in 49 U.S.C. § 40102(a)(6) and 14 C.F.R. § 1.1?

II. Whether the ALJ Erred in Finding that Respondent’s Operation of the Ritewing Zepher Power Glider Aircraft as Described in the Complaint Was Not Subject to Regulation Under the Federal Aviation Regulations?

ARGUMENT

I. The ALJ Erred in Substituting his Judgment for that of the FAA as to whether Respondent’s Operation of the Ritewing Zepher Power Glider as Described in the Complaint Constituted Operation of an “Aircraft” Within the Plain Meaning of 49 U.S.C. § 40102(a)(6) and 14 C.F.R. § 1.1.

Speaking in March Raphael “Trappy” Pirker had this to say about the original decision.

“I hope that the March 6 decision by the NTSB administrative law judge will create a path forward for beneficial use of civilian drones in the United States, after years of regulatory delay,” said Mr. Pirker. “I also anticipate that it will prompt an international discussion about the appropriate level of regulation for small, lightweight airborne robots that bear almost no resemblance to the passenger aircraft that aviation agencies were historically established to regulate over 60 years ago.”

Download the full appeal here FAA-Appeal