Do I need a licience to Mavic film a wedding for money?

[wsalopek]

Funny thing is that you will no longer be allowed to fly at night. Quirky thing in the rules. Licensed pilots can only fly 1/2 hour before dawn and after dusk by filing a NOTAM. No such rule exists for the hobbyist.

Snoweman,

Just to clarify, licensed pilots CAN fly at night, just not for commercial purposes (unless they get a waiver).

--

Bill

 

[WDEnterprises]

There is plenty of gray space, though:

1) I agreed not to fly over people. If I fly over a crowded music festival (without a waiver), that's obviously illegal. If I spend a fraction of a second passing above a couple having a picnic in an otherwise empty public park, is that illegal? If not, how many people are we talking for it to be illegal? Does passing over them count, or just staying over them more than a second?

2) Same point with visual line of sight: Flying behind a large structure and losing sight for several minutes is obviously a violation. If I pass behind a large shrub for a fraction of a second, have I broken the law?

3) If I fly a purely recreational mission at the lake, and then decide to license the picture YEARS later, where would the FAA draw the line on how long they can chase after me for?

There will be many court cases needed to fill in all these blanketed, generalized rules.....as happens with every other law made that cannot possibly account for every possible current or future contingency at its inception.

 

[2nckayakers]

2nc...

Hmmm...this actually doesn't sound legal (what the State is doing)...I didn't think a state/city/locality could put additional restrictions on flying/piloting other than what the FAA requires. The airspace is the FAA's jurisdiction...no one else's.

Have to research it.

--

Bill

P.S. OK...just did some research..

Sounds like North Carolina is overstepping their bounds:

Mandating equipment or training for UAS related to aviation safety such as geo-fencing would likely be preempted. Courts have found that state regulation pertaining to mandatory training and equipment requirements related to aviation safety is not consistent with the federal regulatory framework.

https://www.faa.gov/uas/resources/uas_regulations_policy/media/UAS_Fact_Sheet_Final.pdf

The only thing they are doing in NC is requiring commercial pilots to take a knowledge test which not only covers the FAA rules but also the statutes in NC that apply in North Carolina. Basically our statutes followed all the other crap that the rest of the Federal Government did. You can't operate in State Parks. You can't operate from State Property. You can't fly over private property. You can't fly in a designated disaster area. Same stuff as everyone else. But where they do get you is you can't do anything commercially without a State license. The way the got that one covered under the law is because you must register as a commercial business just like businesses do with the Secretary of State's office. They just changed it up to say anything aviation related had to go through DOT Aviation and since the FAA said anything over .55 lbs is an "Aircraft" then it falls under the guidelines of a commercial Aviation business.

 

[wsalopek]

There is plenty of gray space, though:

WD,

Agreed... All good points.

#1 and #2 are subjective, so it would depend on if a "reasonable person" would think the pilot was endangering people or not.

Many many laws are subjective, and a person being investigated/charged would just have to hope that the judge and/or jury see the danger or lack of danger correctly.

#3 is objective. If they can show you took the picture/video when you were not operating under part 107, and then sold it at any later date, you'd be guilty.

Of course all that is in IMHO.

Bill

 

[whitesites]

The way I look at it, is until I get my 107 Cert, I can't charge for time I am flying my drone. Example I filmed a carnival a month ago, and I intend to use this content for next years marketing, but I did not charge the client for my time to capture this content. But next year you can be sure I will charge the client for the editing of the content for use in next years productions. The downfalls of filming without a 107 cert is you are not able to apply for waivers from the rules. Example I want to fly at night, and over crowds of people, LEGALLY. and that requires I have my 107 cert and apply for a waiver ( which unfortunately has to be done way in advance of your event ). This year when I was filming I always ensured my drone was never flying directly over people, or too late at night.

As for your wedding, sure you can use your drone, but you can't charge for it, and you can't sell the content rights to others. Maybe do it for fun this time and use the content to sell the services for next time when you do have your 107 cert. I know its kind of a stupid rule, but at the same time I am glad, as it will help keep non professionals from saturating the commercial droning market. In a way I wish the FAA would have even more advanced certs that would allow professionals to get faster waivers and or more freedom to operate in more restrictive airspace.

 

[mw174620]

The way I look at it, is until I get my 107 Cert, I can't charge for time I am flying my drone. Example I filmed a carnival a month ago, and I intend to use this content for next years marketing, but I did not charge the client for my time to capture this content.

I wouldn't go that far. I'm almost certain, according to multiple FAA reps statements at meetings and conferences, that "intent" means you need a part 107. So just get rid of that intent until you get your 107...

If you intend to fly for the furtherance of a business, it is assumed you are performing a commercial activity. Again, all comes down to individual court cases.

 

[whitesites]

I wouldn't go that far. I'm almost certain, according to multiple FAA reps statements at meetings and conferences, that "intent" means you need a part 107. So just get rid of that intent until you get your 107...

If you intend to fly for the furtherance of a business, it is assumed you are performing a commercial activity. Again, all comes down to individual court cases.

Thats good to know. Thankfully I will be taking my test soon.

 

[Thastinger]

Yeah, you just have to pay another over bloated Government agency for the permission of living freely and pursuing happiness.

No one is interested in charging you for a license to shovel horse ****. But add a drone into the mix and all of a sudden there's a fee involved.

IKR, there is a lot of slave speak on this board.

 

[whitesites]

IKR, there is a lot of slave speak on this board.

Yeah, I don't think shoveling horse@#$* is anything the could threaten national security, invade people's privacy, cause injury or damage property.

 

[Thastinger]

Yeah, I don't think shoveling horse@#$* is anything the could threaten national security, invade people's privacy, cause injury or damage property.

Exactly what I was talking about. So wiling to trade away your money and freedoms for some perceived safety...and yes, horse poop can do all of those things equally as well as a Mavic can.

 

[Plawa]

Next thing you know a gorilla can't even fling feces at unsuspecting zoo visitors without a license.... those are the real issues we need to tackle.

 

[whitesites]

and yes, horse poop can do all of those things equally as well as a Mavic can.

Then Congress needs to regulate that, Ohh wait that would mean adding regulations to themselves, so it will never happen.

 

[kvc]

Your conclusion is correct in general, but know that Part 107 specifically addresses your point (2) with some amount of common sense and the scenario of "... pass behind large shrub for a fraction of a second..." is allowed.

There is plenty of gray space, though:

2) Same point with visual line of sight: Flying behind a large structure and losing sight for several minutes is obviously a violation. If I pass behind a large shrub for a fraction of a second, have I broken the law?

There will be many court cases needed to fill in all these blanketed, generalized rules.....as happens with every other law made that cannot possibly account for every possible current or future contingency at its inception.

 

[ChipFrazier]

Am I breaking any laws by offering to SAFELY[observing all FAA Regs.and of course, a heaping amount of common sense] to film parts of a wedding ceremony for a fee??
Hypothetically that is??

 

[ChipFrazier]

I'm surprised that no one mentioned, or maybe I missed it, that you should have liability insurance for commercial work. In addition to the over bloated government referred to earlier, we are surrounded by lawyers who feed off what's left after the government gets its share! Just kidding all my lawyer friends out there. But, kidding aside, 107 cerification is a requirement and liability insurance is just good common business sense.

 

[mgopher420]

Am I breaking any laws by offering to SAFELY[observing all FAA Regs.and of course, a heaping amount of common sense] to film parts of a wedding ceremony for a fee??
Hypothetically that is??

Yes. Read the FAA web page. Answer is that if you receive any compensation, smelling the brides perfume, for the use of an UAV you must pass and receive a 107 Authorization. The test costs 150dollars to take and the test is not easy. If you fail you have to wait two weeks and pay 150dollars more to retake it. You must take the test at an authorized test center and you must schedule the test date and time with the test center. The test is given by computer and you must get an 75 percent of sixty randomly chosen questions, 48, to pass. There are some excellent study programs that run around 200dollars for a lifetime membership and if you pass the course and fail the test they will pay for the retest. The FAA does provide study guides but they are not enough to pass most versions of the test. The main reason for 107 is to provide guidelines for public safety and designate a PIC, pilot in command, for any commercial UAV, unmanned aerial vehicle, Operation.
Filming a Wedding for non 107 Pilots is shear folly and an invitation to disaster.

 

[Ambro77]

You will find the info here - Fly for Work/Business
You will also want to consult here - AirMap.io

Thanks for the references!

 

[TxArch DroneGuy]

Yes. Read the FAA web page. Answer is that if you receive any compensation, smelling the brides perfume, for the use of an UAV you must pass and receive a 107 Authorization. The test costs 150dollars to take and the test is not easy. If you fail you have to wait two weeks and pay 150dollars more to retake it. You must take the test at an authorized test center and you must schedule the test date and time with the test center. The test is given by computer and you must get an 75 percent of sixty randomly chosen questions, 48, to pass. There are some excellent study programs that run around 200dollars for a lifetime membership and if you pass the course and fail the test they will pay for the retest. The FAA does provide study guides but they are not enough to pass most versions of the test. The main reason for 107 is to provide guidelines for public safety and designate a PIC, pilot in command, for any commercial UAV, unmanned aerial vehicle, Operation.
Filming a Wedding for non 107 Pilots is shear folly and an invitation to disaster.

I don't know where you get your info, but the test is not hard to pass, and only requires 70% correct questions. The majority of people pass
the first time.

 

[Hauptmann]

I don't know where you get your info, but the test is not hard to pass, and only requires 70% correct questions. The majority of people pass
the first time.

In your opinion, is the FAA study guide sufficient to pass the exam?

 

[mgopher420]

I don't know where you get your info, but the test is not hard to pass, and only requires 70% correct questions. The majority of people pass
the first time.

Thanks for the reply. I stand corrected. Just did not want to blow smoke and cost someone else a two week wait and 150 dollars. The pass rate is somewhere around 80 per cent plus according to my test proctor.
You can miss 18 questions and most of the three choice questions, and the questions are all three choice, have one ridiculous answer so a guess on an unknown answer is around 50-50.
<Free FAA Part 107 sUAS & Drone Certification Study Guide | Northrup.Photo> is a great study source.