"Writing for the board in the judicial order, Acting Chairman Christopher Hart states:
Respondent [Pirker] points to the legislative history of the Act—as well as a reference in the [Federal Aviation Act of 1958] to policies in furtherance of 'air transportation'—as evidence Congress intended the term 'aircraft' to mean a manned aircraft. However, the Act did not contain such a distinction, and the definition’s use of the passive voice in describing a device that is "used" for flight does not exclude unmanned aircraft. If the operator of an unmanned aircraft is not 'using' the aircraft for flight and some derivative purpose—be it aerial photography or purely recreational pleasure—there would be little point in buying such a device. In summary, the plain language of the statutory and regulatory definitions is clear: an 'aircraft' is any device used for flight in the air."
So FAA rules written for manned aircraft are now used against drone pilots. Great. Something to keep in mind.
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