Schulman’s motion for the court to dismiss the case against Pirker now is under review. If the case is dismissed, “it means the FAA doesn’t have the authority to enforce its current policy against hobbyists or commercial drone users until it comes out with proper regulations,” McKay says. Perhaps this would encourage certain businesses, such as the unnamed indie film company, to reenter the U.S. market. The dismissal of the case could also potentially inspire aerial film companies that closed down to reopen. “I’m really glad to see Trappy [Pirker] challenging this,” McKay says. “Most other people haven’t had the courage to stand up to the FAA and call their bluff. I'm eagerly awaiting the results.”
Alternatively, if the case does go to trial, the outcome of Administrator v. Raphael Pirker, to be judged before an administrative law judge at the National Transportation Safety Board (NTSB), will be significant in that it will set a precedent for what constitutes careless operating of UAVs. And if the judge rules that the FAA has the legal authority to levy fines against commercial operators, the case would set a precedent confirming the policy’s legality and the FAA’s authority to enforce it, thus creating serious implications for companies such as Wollwerth Films.
For now, it is a matter of waiting for the FAA to respond to the Schulman’s motion.