Hiring non-FAA certified commercial operators... danger?

[mkiidaddy]

Just curious if anyone knows what penalty/risks there are to a member of the general public who might unknowingly hire a non-FAA licensed operator for their commercial project?

I am certified, but was asked this question today by a potential client. I stressed that we were FAA Certified, and they didn't seem impressed.... basically said that it doesn't matter to them, they'll get the product either way.

To which I replied... " Fill in the blank please "

First time poster... learned a lot here lurking through! Thanks for any ideas and/or facts.

 

[rfc]

A more important question I'd be asking is whether you carry insurance for your operations. The "risk" has everything to do with if something goes wrong, not whether you're licensed.

 

[mkiidaddy]

Good point, thanks

 

[Maxheadspace]

It's really the non-certified pilot that's bearing the risk from the FAA, rather than the person hiring. The person doing the hiring would have normal liability as an employer, but I don't see that being an FAA matter.

 

[rfc]

It's really the non-certified pilot that's bearing the risk from the FAA, rather than the person hiring. The person doing the hiring would have normal liability as an employer, but I don't see that being an FAA matter.

Not to nit pick, but this would normally be a situation where the client is NOT an employer (if you meant that literally). The client would simply be hiring a contractor for a fee. There'd probably be zero liability on the part of the client unless the "commercial project" was on the client's property...then his business insurance might cover damage or accidental injury to those on the property. In that case, the client's insurance company would typically go after the commercial operator's insurance for recompense.

 

[Dronix]

Whoever you're dealing with almost certainly has a General Liability or BusinessOwners Policy for their Business. That Insurance Policy has many exclusions - 1 being Aircraft. Thus, they will be sued if there's an Accident and their Insurance Policy will deny it. Then - the Defense Cost will cripple the Business as usually the Insurance Policy will defend you....but they won't after a claim is denied. If a Realtor hires a drone operator 2 shoot a house and the drone crashes into a windshield of a passing car resulting in death of 4 teenagers that Realtor is finished bc their Insurance Policy will exclude Liability and Lawsuits and Damages will be on the Realtor. Its Realtors (or whatever business you're talking about) responsibilty to hire "subcontractors" who are insured properly.

 

[FLYBOYJ]

If a drone pilot is hired as a contractor and not certificated under Part 107 more than likely the FEDS will only hold the individual accountable. If you're a direct hire and the company blatantly ignored 107, the FEDS will go after the whole lot, my opinion. This is what I've seen when they deal with flight schools and repair stations.

 

[Maxheadspace]

Not to nit pick, but this would normally be a situation where the client is NOT an employer (if you meant that literally).

Yes, the point being that liability for the hiring person would be bound by normal contracting relations, not by FAA regulations.