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Hong Kong drone pilot's fine dropped as US authorities plan appeal

The US Federal Aviation Administration (FAA) is to appeal after a judge threw out a fine against Hong Kong-based Raphael Pirker for operating a drone while filming a commercial in 2011.

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Raphael Pirker shows a drone at his Hong Kong office. One raised the ire of a US agency. Photo: K. Y. Cheng

The US Federal Aviation Administration (FAA) is to appeal after a judge threw out a fine against Hong Kong-based Raphael Pirker for operating a drone while filming a commercial in 2011.

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Pirker was fined US$10,000 and the court decision could open up the United States' skies to more unmanned-aircraft flights.

The FAA had fined Pirker, known in drone circles as "Trappy", in 2011 after he flew a small drone over the University of Virginia, shooting video to be used in an advertisement for its medical school.

The agency alleged that Pirker - who now runs a drone business in Hong Kong - had operated a drone without a pilot's licence and in a "careless or reckless manner" in violation of a ban on using drones for money-making purposes.

But in a ruling on Thursday, a National Transportation Safety Board (NTSB) judge granted Pirker's request for the civil penalty to be dismissed, saying the FAA lacked the legal authority to regulate small drones.

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In a statement confirming it would appeal to the full NTSB, the FAA said: "The agency is concerned that this decision could impact the safe operation of the national airspace system and the safety of people and property on the ground."

Enthusiasts of the unmanned aircraft are closely following Pirker's case, which they say could shape the development of small drones for civilian use - for instance in newsgathering or for wildlife protection.

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