Flying over people...

[56_kruiser]

I just thought I'd see what others are experiencing.

I've been to events, like car shows, where I see someone flying a drone, which does in fact pass over people. Not low, but over them just the same.

I have a local, city owned, tourist site that wants a drone video of route to the site. Maybe following someone over the route, showing how to get there. This would be from a bit of altitude...certainly not close to the ground. Well, I guess that's relative. Maybe 20-30 ft altitude.

I'm not sure I'm comfortable doing this. Not from the ability standpoint, but from the fact that FAA says to not fly over people.

I did talk to the city public relations department, where I would need to send the form to approve by the city, and they said they had no restrictions about that.

What are you folks experiencing, and thoughts?

 

[microlinux]

If you're flying under 107 (which you appear to be), you need a waiver. The city has nothing to do with this, other than allowing you to operate from their property.

Assuming US, anyway.

 

[56_kruiser]

If you're flying under 107 (which you appear to be), you need a waiver. The city has nothing to do with this, other than allowing you to operate from their property.

Assuming US, anyway.

Ok. Thanks

Actually, maybe you can tell me if I am in fact flying as 107: I am donating time, not charging. I have been considering this hobbyist. Not receiving any type of monetization.

 

[53-63-6f-74-74]

Ok. Thanks

Actually, maybe you can tell me if I am in fact flying as 107: I am donating time, not charging. I have been considering this hobbyist. Not receiving any type of monetization.

This would in fact be a flight that requires Part 107 Certification. It is irrelevant whether or not any money changes hands.

 

[56_kruiser]

This would in fact be a flight that requires Part 107 Certification. It is irrelevant whether or not any money changes hands.

That's interesting. Is that because it would be considered commercial? Somewhere I got the impression of commercial meant you were charging for it.

Given that, I suspect then I would also need tdo get approval, rather than just notify, to fly even if not over people...it is within 5 miles of an airport.

 

[Kcobello]

We have been advised, even flying as a hobby and posting any imaging is commercial. Monies are generated by likes and shares on you tube or Facebook.

You better have a disaster plan as well as probably a waiver or 2.

 

[56_kruiser]

Thanks.

 

[53-63-6f-74-74]

That's interesting. Is that because it would be considered commercial? Somewhere I got the impression of commercial meant you were charging for it.

The purpose of your flight is to benefit a city tourist attraction and generate "commercial" activity for the city. Your flight is not for your own personal enjoyment or relaxation (a hobby flight). The fact that you would do it for free doesn't matter. People try to skirt the 107 requirements all the time, but there is no question that you'll need a 107 certification to do this legally. Chances are you'll never get caught/fined over a flight like this, as enforcement is lax at best, but the laws are quite clear on this.

 

[56_kruiser]

The purpose of your flight is to benefit a city tourist attraction and generate "commercial" activity for the city. Your flight is not for your own personal enjoyment or relaxation (a hobby flight). The fact that you would do it for free doesn't matter. People try to skirt the 107 requirements all the time, but there is no question that you'll need a 107 certification to do this legally. Chances are you'll never get caught/fined over a flight like this, as enforcement is lax at best, but the laws are quite clear on this.

That makes sense. Thanks for the clarification.

I think I'll tell them I can't do it. I seem to be(at least attempt to be) a rule follower

 

[NAVMAV]

In our opinion, that is probably the best move.

You'll sleep better.~

Rgds, NAVMAV

 

[neggy]

1) find a local to you 107 pilot to be there and to be in control of the flight.... anyone can operate the controls if a 107 is there to direct the flight.

2) you CAN fly over participants involved directly to the operation of the flight.... the person you are FOLLOWING can be designated as say a visual observer or crowd control person who is there to make sure someone does not wander into your operational area. Just stay behind the person for safety reasons wink wink.

3) keep other people off the trail as you do the flight

 

[microlinux]

Actually, maybe you can tell me if I am in fact flying as 107.

You are, based on your description. If the intent of your flight is not solely for your own recreation, the flight is considered "commercial". Exchange of money, or any sort of compensation, doesn't have any direct bearing on how the flight is classified - it's all based on intent.

 

[ac0j]

Do it early in the morning. Probably better light anyway. Have all "people" around, involved or not, fully aware of whats going on. Get 'er done and hand over the video. I wouldn't worry about the 107 rules if your not 107. I have never heard of anyone getting in trouble for donating video.
If that was a thing, EVERY drone video on YouTube (not by a 107) is in violation. So you would be a lot less likely to have trouble than at least 5000 you tubers that ARE generating income for someone.
I am not saying its legal, but I am saying it is too harmless to be an issue.

 

[neggy]

But if you put the video on YouTube, purely a video of your walk in the woods, and the town just happened to embed a link to it on their website.....

 

[ac0j]

But if you put the video on YouTube, purely a video of your walk in the woods, and the town just happened to embed a link to it on their website.....

AGAIN, ANYONE that puts a video on YouTube without a part 107 is in violation.

 

[microlinux]

even flying as a hobby and posting any imaging is commercial. Monies are generated by likes and shares on you tube or Facebook.

The intent of the flight sets how it is classified. You can receive compensation after-the-fact as a recreational flier, as long as your intent at the start of the flight was truly recreation.

"Commercial" does not mean what most people think it does, in this context.

 

[neggy]

AGAIN, ANYONE that puts a video on YouTube without a part 107 is in violation.

Do you have a published legal opinion on that?

Case Law?

Does that go for Facebook too?

Source for your opinion?

Posting videos on this site would be illegal too as someone is making money off page views as we visit this site.. there is a DJI ad at the top of this page

 

[ac0j]

Do you have a published legal opinion on that?

Case Law?

Does that go for Facebook too?

Source for your opinion?

Posting videos on this sight would be illegal too as someone is making money off page views as we visit this site

I am saying this in response to all the people telling the OP why he cant do this. They keep repeating if it ends up making money, you have to have a part 107. If that it true, I am right. Youtube makes money on what gets posted there. Sometimes the posters do too. Even this forum must make some money, how else would you explain all the ads and "approved vendors"? So if it makes .05 a month, by the expert 107 holders in this thread, hobby flyers cannot post video here either legally. So, am I wrong, or is all the advice in earlier posts wrong?

 

[neggy]

I am saying this in response to all the people telling the OP why he cant do this. They keep repeating if it ends up making money, you have to have a part 107. If that it true, I am right. Youtube makes money on what gets posted there. Sometimes the posters do too. Even this forum must make some money, how else would you explain all the ads and "approved vendors"? So if it makes .05 a month, by the expert 107 holders in this thread, hobby flyers cannot post video here either legally. So, am I wrong, or is all the advice in earlier posts wrong?

So you have no legal basis for your statement, and in fact are dispensing legal advice without being a Lawyer.

 

[microlinux]

So, am I wrong, or is all the advice in earlier posts wrong?

The FAA has clarified their stance since the hub-bub in 2015.

https://www.faa.gov/documentLibrary/media/Notice/N_8900.292.pdf

Electronic media posted on a video Web site does not automatically constitute a commercial operation or commercial purpose, or other non-hobby or non-recreational use.