Confused about commercial regs and flying over consenting party

[baddog]

I have started doing aerial weddings this spring... The current FAA regs say flying over people with out an authorization/waiver is a vilolation of the part 107 regulations. If however, you have consent from all participants being photographed or captured on video (i.e. wedding party and/or guests) is it okay? What if I am filming a family in their backyard or my family in my backyard or nearby open air venue with everyones consent? A car on a beach for an ad or commercial segment?

I can, if need be, avoid flying directly over head, but some of the best money shots are looking straight down...

 

[BluePuffin]

Even if you have consent, you still need a waiver from the FAA. The only way you are legally allowed to fly over someone is if they are directly participating in the drone operations, such as a spotter. So theoretically you could make everyone a spotter, but it would likely be bending the rules a bit too much. Maybe if you made a large enough heart, you could try and stay over the grass in the center but it is ultimately up to your discretion whether it is safe or not.

 

[PhantomFandom]

Hi,

It does not matter whether or not you have consent. There is no provision in the regulations for consent. The only people you can fly over are those directly involved with the operation of the craft. So legally you cannot fly directly over them. You can fly off to one side as long as no one is under the drone (outside of a safe radius).

Also think about the intent of the law and potential ramifications if something were to happen. The regulations are designed to keep people safe. If you fly directly overhead and the drone comes down, you could seriously hurt someone. At that point the consent will mean nothing legally. You would be breaking the law to start with, and the injured parties could sue you.

 

[brett8883]

There’s a new loop hole for this that might work in your case. The new FAA authorization says you can have a tethered drone flying less than 150ft. AGL and avoid basically any of the rules or at least that is my memory of reading them.

Might be worth at least looking into

 

[lapresle]

I shot weddings for years and you should have this covered in your contract with the couple, same release as you would for distribution and marketing. If you aren't operating under a contract, you should.

 

[BigAl07]

I shot weddings for years and you should have this covered in your contract with the couple, same release as you would for distribution and marketing. If you aren't operating under a contract, you should.

That has NO bearing on FAA regulations what so ever.

A "willing party" can NOT give consent for you to bust FARs. That's like saying someone riding in your car saying it's OK to run a red light and speed because they consent to it.

 

[lapresle]

That has NO bearing on FAA regulations what so ever.

A "willing party" can NOT give consent for you to bust FARs. That's like saying someone riding in your car saying it's OK to run a red light and speed because they consent to it.

Good point, I didn't think it through.

 

[Thomas B]

If you get FAA approval that’s one thing for sure, but I would still get approval from all parties to be covered from a personal liability standpoint. The Academy of Model Aeronautics provides millions as a membership perc.

 

[baddog]

Thanks for all the feedback. I think the safest thing to do, is pretty much shoot at an angle to the group and/or wedding party. For the total straight down shots, I'll use BigAl07 analogy or breaking traffic laws, we have all done it, just don't get caught. I break the speed limit all the time and have done my fair share of rolling stops... Thanks everyone....

 

[baddog]

Hi,

It does not matter whether or not you have consent. There is no provision in the regulations for consent. The only people you can fly over are those directly involved with the operation of the craft. So legally you cannot fly directly over them. You can fly off to one side as long as no one is under the drone (outside of a safe radius).

Also think about the intent of the law and potential ramifications if something were to happen. The regulations are designed to keep people safe. If you fly directly overhead and the drone comes down, you could seriously hurt someone. At that point the consent will mean nothing legally. You would be breaking the law to start with, and the injured parties could sue you.

Is there a safe, required radius in the regtulations?

 

[BigAl07]

Is there a safe, required radius in the regtulations?

The regulations allow enough rope to hang yourself if you try to operate in the Grey Area. If there is a complaint or an incident and you're over people you're over people. Doesn't matter if it's over their heads or their pinky toe.

Also if at any time someone is impacted (even ever so lightly) by your sUAS then you didn't follow the regs. Just enough slack to get your tail in a sling.

 

[Simmo]

Is there a safe, required radius in the regtulations?

I believe that by you asking that question, shows a blatant disregard for the rules.
You obviously are going to do what you want and suffer the consequences.
The last incident I remember over here was CASA fined the Operator $1700 and the civil lawsuit cost around $50,000???

 

[gerrymad]

The regulations allow enough rope to hang yourself if you try to operate in the Grey Area. If there is a complaint or an incident and you're over people you're over people. Doesn't matter if it's over their heads or their pinky toe.

Also if at any time someone is impacted (even ever so lightly) by your sUAS then you didn't follow the regs. Just enough slack to get your tail in a sling.

This is true of many regulations. The regulations are often not directly enforced. They are applied after something goes wrong as additional punishment. It's kind of like some of the seat belt laws. You rarely get pulled over for them, but if you've been pulled over it's one more thing that can be added on. Also many regulations are a CYA for the governing body. When something goes wrong the governing body can say they had done their job and regulated the behavior, but you're a scofflaw and ignored the regulations.

 

[JohnChap]

Has there been any incident when a drone has 'gone wrong' and fallen out of the sky and hurt anyone? I think the regulations are too draconian and no one seems to challenge them. Drones are not that unreliable. I have every faith that my Mavic Pro is not going to fall out of the sky and would happily take aerial wedding shots without any of the participants consent. I don't get their consent to use my normal camera at ground level, why is it any different if I am at 50 feet?

 

[JSKCKNIT]

Has there been any incident when a drone has 'gone wrong' and fallen out of the sky and hurt anyone? I think the regulations are too draconian and no one seems to challenge them. Drones are not that unreliable. I have every faith that my Mavic Pro is not going to fall out of the sky and would happily take aerial wedding shots without any of the participants consent. I don't get their consent to use my normal camera at ground level, why is it any different if I am at 50 feet?

There are plenty videos of it on YouTube.

Also this:

Police searching for drone pilots after Iowa baby cut in the face

Law enforcement are requesting the public's assistance in finding drone pilots that accidentally hit a baby in his face and injured him.

www.desmoinesregister.com

 

[Simmo]

Heaps of incidents! Just Google it??!
Here's a nice wedding shoot, with a Phantom..

 

[Simmo]

Here's a Spark, just took off straight up and bang, away she went!!! Imagine the whole wedding party sitting there....

 

[BigAl07]

Has there been any incident when a drone has 'gone wrong' and fallen out of the sky and hurt anyone? I think the regulations are too draconian and no one seems to challenge them. Drones are not that unreliable. I have every faith that my Mavic Pro is not going to fall out of the sky and would happily take aerial wedding shots without any of the participants consent. I don't get their consent to use my normal camera at ground level, why is it any different if I am at 50 feet?

With all due respect that's a very dangerous trust. Our HOBBY grade sUAS have multiple SINGLE FAILURE POINTS not to mention the large potential for OPERATOR ERROR!

With over 45 years (4 & 1/2 decades) of sUAS experience it's very obvious to me that even with today's stabilized and GPS guided systems we do still have failures and mistakes. Every time your sUAS lifts off the ground it might be the last time it flies... PERIOD! To expect/assume that it's bullet/error proof is living in a dream world.

Take a moment to read through these very forums at the crashes, erratic flights, and mysterious "fly aways" which is the reason why this forum is as large as it is.

Consent does NOT MATTER!!

 

[bobfa100]

Heaps of incidents! Just Google it??!
Here's a nice wedding shoot, with a Phantom..

YIKES!!