Got a call from FAA today...do I really need my Part 107?

[Clintoops]

The big thing is intent the law is so broad who can say what your intent was.

 

[Kilrah]

unless your getting paid or promoting
yourself.

Your name next to a photo in a newspaper is "promoting yourself"...

 

[gaspipe]

Going through this in the RR biz, in 240/242/243 changes. It, IMHO, is really all just a transfer of liability to the individual, and away from other entities with a lobbying force.

I also believe we will all be Part 107 or gone rogue soon enough. I also reckon there will be a change in how many drones operate. Ghost drones, if you will.

 

[eaglesurfing]

Soon the term "Flying for recreational" will require you to just fly and not share any pics or video.
Once you do that then it changes everything and you can try to justify "until the cows come home" all you want.
Just take it as a "sign" that it is time to get one.

 

[dirkclod]

Your name next to a photo in a newspaper is "promoting yourself"...

Yes ,At the time I was tweeting all my sunset/sunrise shots to all
our local weather stations and to be honest that was when we wasn’t really concerned with such as we are now.
the last screenshot I took last nite I’ve never used that option I also quit tweetting the more I learned. That picture was about 4 years old.

 

[Dbez1]

You might want to PM BigAl for his opinion but my understanding is that the litmus test is not about $ but rather the reason you are flying in the first place. I think others have alluded to this above. I got my 107 so I could give my photos of the new building construction to my church. In any event, if the FAA took the time to call me, I personally would not argue with them. You probably could have gotten away with what you’re doing once or twice but I get the impression this is more than that. Part 107 opens all kinds of legal doors plus the new information you learn is interesting. Best wishes.

 

[jeff Voigt]

Background: I am 100% recreational/hobbyist aerial photographer who has been flying for over 3 years now. I fly for the satisfaction of taking a photo rather than the joy of flying a drone. Although I don't have my part 107 certification, I am very knowledgeable of the laws/regulations and fly by the book, given I have studied for the test just haven't taken it at this point in time. I can say with 100% accuracy that I have not charged/billed/accepted any form of payment/reward for any of my work. At the same time my photos have been featured many times on local news, websites, social media and hopefully an upcoming publication - each time the photo being credited to my name and again, all 100% free of charge. I have also given numerous photos away (free of charge) to random people contacting me and wanting to print one of my images to hang it on their wall. I feature my photography hobby on my website/Instagram with a pure hobby disclaimer.

The call: Today I received a call from a local FAA office, asking me if I was 107 certified. Evidently someone has reported me to the FAA, my guess is someone local who is charging for their aerial photography and not appreciating the fact that I give mine away for free. It was a very friendly and honest phone conversation. After informing the FAA employee of what I sated above, I was advised that I will need to get my part 107 license in order to continue what I have been doing all along. I was told that even though I have not charged/made a single penny for any of my work and/or accepted any sort of reward/payment, "my name has received credit for it", especially that part where my photos were featured on local news with photo credit given to my name.

Question: Based on what I said above, do I really need to get my Part 107 certification? I am not going to argue with the FAA and I will get certified anyway, but wanted to get opinion from this forum as I know we have a lot of knowledgeable members here.

Thank you in advance! Matt

Hi Matt. Yes, you’ll need to get the 107 to move ahead. Even though you aren’t being compensated for sharing your beautiful images, other businesses are. Your images are helping them further their own businesses. The 107 is just a speed bump. Just press on with the 107 . All the best. Jeff

 

[Mike Mas]

You got scammed by a neighbor - there is no way the FAA is going to ask you if you have a 107, they would already know you don't.

Move on . . . .

 

[Deleted member 154956]

Take the drone out of the equation and your weather photographs would be perfectly fine and legal. But when you utilize a device that places that camera into a position that you could not get it otherwise, then you have to comply with the laws governing that device, in your case a drone. Two separate issues dictate your "legality" to get you that photograph.

If you used a forklift to routinely get your camera 12 feet into the air, you no doubt would have to have a forklift license. Same with getting a shot of that moving train that's traveling 50 mph down the tracks, you would need a driver's license to get that shot as you paralleled it down the road.

You are licensing the auxiliary devices and methods used to get you into position to take your photographs that requires said license(s) to operate legally, and not the photography itself.

 

[JoelP]

I found myself in the same situation. When people learned that I was a drone pilot they asked me as a favor to inspect something, or photograph something for their website. I knew that those things had commercial value before I did them, so I asked them to not disclose who did the drone work.

I finally decided it wasn’t worth hedging the law and got my Part 107 certificate. It wasn’t that difficult. I was pleased to read that you are doing the same

 

[MavicAir2Marc]

The term for recreational flight is FOR YOUR OWN ENJOYMENT, regardless if you get paid, credited or whatever. It is your INTENT of the flight that decides what rules it comes under. It has nothing to do with videos or pictures because the rules apply to the aircraft, not the camera. Your intent when making the flight is the only thing that matters. If you are going out to fly for fun and you happen to take a picture or video that someone wants to pay you for later, then recreational rules still apply. If you go out intending to film something with the intent of sending in to the local news or a friend, then that is Part 107. You cannot recreationally fly for a friend or company as a favor. The FAA is only concerned about the intent of the flight when it is flown. Anything other than flying for your personal enjoyment at the time falls outside of recreational rules and is by default Part 107.

 

[BigAl07]

You got scammed by a neighbor - there is no way the FAA is going to ask you if you have a 107, they would already know you don't.

Move on . . . .

Very bad information. That's not only BAD advice it's totally 100% inaccurate.

The FAA will indeed make initial contact with you to start the investigation and they may or may NOT know if you have your Part 107. Mistakes and omissions happen.

Back in 2015 I got a "phone call" from the FAA. To be honest, I was pretty sure it was one of my buddies putting someone up to a joke. I played along for a couple of minutes until I realized it was indeed the FAA. Not only did I have the appropriate licenses at the time, Section 333 Exemption, I was/am also a Private Pilot. They still had to do the whole investigation thing because someone in the area had "reported" me for Commercial UAS Operations without the proper credentials/certificates.

Ironically the next year that same phone # called me but this time it was to ask me to come on board as an FAA Safety Team Representative. When I saw the # first thing I thought was, "Seriously.... again???"

So assuming "they would already know" is a bad idea and an incorrect one to say the least.

 

[HoozierDroneDaddy]

I believe where the FAA is looking at this case is where it falls under the "enhances a business" rule. It may be questionable for you as your only getting credits, but it is definitely enhancing the business of the TV/New Stations, other businesses that may be posting the photos/videos, and even more so for a publication. All of these businesses are enhanced and/or making money from the media you freely provide.

 

[BigAl07]

As the OP will find out through this "process" the "Grey Area" is very small and hard to stay within.

Here's my 2-cents on this.....

If you fly your drone for fun (aka Recreational) and happen to take a picture that you determine is news/sale worthy afterwards that's one thing. But to go up with the INTENT to take a picture/video etc to use to promote or provide someone else falls under Part 107. It's the INTENT of the FLIGHT that matters not what happens AFTER the flight. The mere fact that you seem to do it with the INTENT to share (newspapers, magazines, etc etc) would default you to Part 107 regulations. INTENT of the FLIGHT is the point that I think you're missing.

Flying recreationally and you happen to capture something worthy is one thing.... going up with the intent to capture something to shared as noted is fully Part 107.

• Intent
• Intent
• Intent

It's very difficult to prove you are purely a recreational UAS operator with all those "Professional Credits" to your name regardless of the fact you're made no $$. The mere idea that you've studied and prepared for P107 and haven't taken it only goes to further show you should have a better idea of what is allowed and what isn't.

Lucky for you, the FAA is all about EDUCATION first if there is no accident/incident. At some point (in the near future) you'll get to have an in-depth talk with someone from the FAA and once completed you'll get a packet documenting your "Education" on the topic. Going forward, if your actions don't change the type of "interaction" with the FAA won't be as "Educational" as this one will be.

 

[Torque]

Been in your shoes.
You have two choices now that you are on their radar;
Stop sharing your photos or get your part 107.

 

[MAvic_South_Oz]

Good thing the OP said he’s pushing forward with his part 107 back in post 10.
He’s made the decision regarding obtaining that.

 

[snowghost]

Yes ,At the time I was tweeting all my sunset/sunrise shots to all
our local weather stations and to be honest that was when we wasn’t really concerned with such as we are now.
the last screenshot I took last nite I’ve never used that option I also quit tweetting the more I learned. That picture was about 4 years old.

That news reader looked like he was 4 years old.

 

[Cymruflyer]

Maybe it was a part 107 holder that turned you in and that is understandable. If someone came in to do whatever you do for a job and offered it for free, you would not be too pleased art being out of a job due to someone else doing it for free. Good intention or not, by offering all this free work and photos to people, you are possibly forcing someone else out of a job that does that as a living.

 

[Baredogs]

Hi, not being negative, but knowing the regs would mean that you are aware the “recreational” boundary has been crossed. The exchange of $ does not define that boundary. Take the exam.

 

[Bryce steiner]

The rules state that anything involving commercial interest requires a pilots license. Everyone has pretty much stated that. What is disagreed upon is what is commercial.
I was told in my FAA training (I believe it was the downloaded manual) that even posting online to facebook is commercial as facebook makes money. If it's on a newscast or even the National Weather Service, which I do for them. It's all commercial even if I am not getting paid. I don't agree with it, but I abide by it.