FAA can't regulate small RC aircraft as "drones," judge rules NTSB judge strikes down $10,000 fine against man for unlicensed "commercial use." Raphael Pirker prepares to launch his " FPV " remote controlled plane in New York City in a video he posted in 2010. http://vimeo.com/17351140 In 2011, Raphael Pirker used a RiteWing Zephyr II remote-controlled flying wing to record aerial video of a hospital campus for use in a television advertisement. That act resulted in the Federal Aviation Administration issuing a fine to Pirker of $10,000 for that commercial use of an unmanned aircraft. But now an administrative judge with the National Transportation Safety Board has struck down that fine , contending that FAA regulations can't be applied to the styrofoam drone Pirker flew.