March 07--The Federal Aviation Administration's only fine against a commercial drone user was dismissed this week, a move that undermines the agency's ability to keep civilian drones from the sky.
A federal judge said that the small craft in question -- operated by a Swiss commercial drone user filming a commercial in Virginia -- was no different from a model aircraft and that there is no law banning the commercial use of small drones.
Farmers, photographers, news agencies and even beer delivery services could key off the decision, which appears to legalize commercial drone use under 400 feet.
The FAA's website, however, is unequivocal: "There are no shades of gray in FAA regulations. Anyone who wants to fly an aircraft -- manned or unmanned -- in U.S. airspace needs some level of FAA approval."
In January, the FAA quashed a Minnesota beermaker's plan to help anglers remotely replenish their stocks of beer.
The agency informed Lakemaid Beer that it had prohibited small businesses from using drones shortly after the beermaker posted video of a test run on Lake Waconia.
Inspired by Amazon, Lakemaid had been "testing" a drone delivery system for 12-packs of beer on ice fishing lakes in Minnesota and in Wisconsin where the beer is produced, according to Lakemaid president Jack Supple.
The 12-pack of beer in the video was not filled with bottles. Few drones available commercially have the power to move that much weight.
Another test was set for Lake Mille Lacs and the Twin Pines resort before the FAA stepped in. The beermaker's video went viral and now has more than 500,000 views.
Amazon grabbed the country's attention late last year after announcing it was exploring ways to deliver packages with drones, and wants to deliver some packages within minutes of the orders being placed.
The FAA can appeal the decision to a full panel of the National Transportation Safety Board. Agency officials said they were reviewing the decision and had no further comment.
The FAA is still expected to release new drone regulations by 2015, but Lakemaid still needs a way to remotely verify age.
Information from the Associated Press was used in this report.
Joseph Lindberg can be reached at 651-228-5513. Follow him at twitter.com/JosephLindberg.
Copyright 2014 - Pioneer Press, St. Paul, Minn.
