Question about drone pilot license (do i need it?)

[Ditchdoc]

You have it exactly backwards - the applicability of 49 U.S.C §44809 is determined purely by intent.


Definitely. There's a lot of projection going on.

Looking at 49 U.S.C §44809, no where does it mention intent, just the standard limitations for recreational flyers.

I realize North Carolina is not Federal or the FAA ... but ...from its UAS Operator Study Guide, the following is stated ...

Business or Recreational?
•Federal statutes require model aircraft to be flown strictly for hobby or recreational purposes. According to the FAA, commercial flights or those that promote a business purpose do not qualify as recreational flights.
•NCGS 15A-300.1 (a) (1) reinforces the idea that the determination between whether a flight is commercial or recreational depends on the flight’s purpose and results, not the type of aircraft or its capabilities.
•Therefore, UAS operations conducted for any purposes other than recreation are subject to both FAA and North Carolina regulations regarding non-recreational UAS flights.
•For example, if someone flies a UAS for fun and in the process, takes a picture that later is sold or used to promote a business or product; the flight would be defined as commercial, even though the original intent of the flight was recreation. Regulators cannot definitively determine intent –they can only look at results.

As far as how the FAA operates .... This little video recounts the experience of one person contacted by the FAA for a drone violation.

These were the sources for my comments, right or wrong just so you know Im not making things up.

Being a novice myself .... I certainly bow to the wealth of experience and expertise on these boards.

I will venture to say that drone technology is advancing rapidly, becoming more affordable and legislation at the Federal, State and Community level is constantly evolving. Often the laws have to be interpreted because seldom are they binary.

The several viewpoints here should at least give the OP some insight. I often ask myself, what is the worst that can happen when making decisions. That being said, in this case, if there is any doubt this is a commercial endeavor, I would probably go the extra mile and certify, license myself at every level so there is no question about being legal. Most big companies have attorneys. I would ask their advise. Perhaps the company would pay training and fees if it is that important to them. Other wise, just say no, so you do not risk a $5,000+ fine.

Be safe.

 

[sar104]

Looking at 49 U.S.C §44809, no where does it mention intent, just the standard limitations for recreational flyers.

I realize North Carolina is not Federal or the FAA ... but ...from its UAS Operator Study Guide, the following is stated ...

Business or Recreational?
•Federal statutes require model aircraft to be flown strictly for hobby or recreational purposes. According to the FAA, commercial flights or those that promote a business purpose do not qualify as recreational flights.
•NCGS 15A-300.1 (a) (1) reinforces the idea that the determination between whether a flight is commercial or recreational depends on the flight’s purpose and results, not the type of aircraft or its capabilities.
•Therefore, UAS operations conducted for any purposes other than recreation are subject to both FAA and North Carolina regulations regarding non-recreational UAS flights.
•For example, if someone flies a UAS for fun and in the process, takes a picture that later is sold or used to promote a business or product; the flight would be defined as commercial, even though the original intent of the flight was recreation. Regulators cannot definitively determine intent –they can only look at results.

As far as how the FAA operates .... This little video recounts the experience of one person contacted by the FAA for a drone violation.

These were the sources for my comments, right or wrong just so you know Im not making things up.

Being a novice myself .... I certainly bow to the wealth of experience and expertise on these boards.

I will venture to say that drone technology is advancing rapidly, becoming more affordable and legislation at the Federal, State and Community level is constantly evolving. Often the laws have to be interpreted because seldom are they binary.

The several viewpoints here should at least give the OP some insight. I often ask myself, what is the worst that can happen when making decisions. That being said, in this case, if there is any doubt this is a commercial endeavor, I would probably go the extra mile and certify, license myself at every level so there is no question about being legal. Most big companies have attorneys. I would ask their advise. Perhaps the company would pay training and fees if it is that important to them. Other wise, just say no, so you do not risk a $5,000+ fine.

Be safe.

It doesn't matter how much you attempt to complicate the subject - it's the very first requirement in the exception:

§44809. (a) (1) The aircraft is flown strictly for recreational purposes.​

The "purpose" is the intent of the flight.

 

[Meta4]

Business or Recreational?

Looking at it this way confuses many.
It's really recreational flying vs all other flying.
Flying for a business is not recreational, but so are many other things that are not necessarily business oriented.

•For example, if someone flies a UAS for fun and in the process, takes a picture that later is sold or used to promote a business or product; the flight would be defined as commercial, even though the original intent of the flight was recreation. Regulators cannot definitively determine intent –they can only look at results.

Think about that.
You flew completely legally months ago and out of the blue someone sees your picture and offers to buy it.
Under your scenario, what was a perfectly legal flight, would retrospectively become illegal?
The confusion comes from thinking the FAA has rules about imagery and selling photos, when they don't.
The FAA has no concern about commercial photos vs recreational photos.
They care about recreational flying vs non-recreational flying.

And as shown in post #39, the FAA has no prohibition against posting your videos on Youtube etc.

 

[DoomMeister]

DoomMeister, thanks for your work as Moderator!! You are more than correct in your response. I guess you have to appreciate the passion on each side of issues. Of course I was the one that continued to get deeper into the thread and frustrate myself so my fault! I honestly have never been a forum guy in the past and did not know about the IGNORE BUTTON. Great concept and I will use it. I appreciate your feedback and guidance.

Being a moderator I cannot avail myself of that button, but I would if I could on many threads.

 

[Deleted member 137163]

No sense (me in this case) getting disturbed in anyway about a thread....hit "the ignore". Just like the delete on email....just move on. Thanks for your service as a Moderator. Learning everyday and always will.