Instead of going after companies that don’t have a 333 exemption, the FAA will fine drone companies (and drone hobbyists) for flying in a “careless or reckless” manner. It uses a manned aircraft regulation called 14 CFR Section 91.13(a) to enforce its fines. The FAA still has not enacted specific unmanned aircraft regulations, leading experts to believe that the FAA isn’t willing or able to prosecute drone companies for not having a license.
“The FAA has yet to go after anyone solely for operating commercially without authorization,” Peter Sachs, a Connecticut-based drone attorney told me. “If you look at the documents, they will sometimes mention [a lack of authorization] it in the ‘allegations’ section, but then when you get to the bottom where they actually cite regulations, it never says anything about operating commercially. If they’re so certain it’s illegal, why have they never once gone after anyone?”
Loretta Alkalay, who was in charge of the FAA’s legal operations for the eastern region for more than 20 years, told me that the documents I showed her suggest the FAA doesn’t think it has legal standing to win a case that doesn’t involve reckless flight.