Rumor of FAA restriction on use of drone photos

[Ranger]

My God! Under FAA regulation, you're either a recreational flyer or a 107 pilot. Read the details about both, then see if your conclusion holds up.

It's not the flyer but the flight that is either recreational or commercial. Folks holding a remote pilot certificate may fly recreational flights if they desire. Folks without should not undertake any commercial flights. Not complicated.

 

[kensteele]

Huh? Flying Recreationally does not relieve the burdens associated with SAFE Flight. That's like thinking that someone with a CDL wouldn't have any affect on their CDL if they have a traffic violation while driving "recreatioanlly" in their own vehicle.

If you're going to play in the NAS then you have rules and regulations to follow period.

besides the safety aspects. i was referring to the comments the poster made about the faa making your life miserable. i assume he was talking about making licensed pilots live's miserable with all kinds of things related to their license (which i don't know about) for which a recreational pilot doesn't have.

if a recreational pilot gets caught flying about 400 feet, most they can do it cancel my registration and maybe confiscate my drone. that's about it.

 

[kensteele]

Yeah...like telling the IRS that I really intended to pay my income taxes over the past twenty years, but I just always seem to 'forget'!
You my friend, are living FPV...without any 360 viewing...up, down, or all around.

LOL there's a difference between "intent" and "intend."

 

[kensteele]

Exactly ... their regulations are about the flying, not the photographs.
The FAA don't know what photos are, they don't care.
They do care whether you are flying for someone else though .. i.e. commercial aviation.
Are you flying for someone else?
That's non-recreational aviation and needs a 107.
Are you flying for your own enjoyment, that's recreational flight and does not require 107 certification.

oh good, i like that definition. that's help me.

i'm a recreational pilot. if i fly my drone and i take a bunch of pictures and i sell them to the local church, that's fine because i'm not flying for someone else. i'm flying for nobody else but myself.

the only part i'm going to disagree with you is by using the faa owns words. if you fly strictly for your own enjoyment, you are exempt from 107. anything else beside that, 107.

 

[Gryphon962]

besides the safety aspects. i was referring to the comments the poster made about the faa making your life miserable. i assume he was talking about making licensed pilots live's miserable with all kinds of things related to their license (which i don't know about) for which a recreational pilot doesn't have.

if a recreational pilot gets caught flying about 400 feet, most they can do it cancel my registration and maybe confiscate my drone. that's about it.

And they can fine you.

 

[sar104]

oh good, i like that definition. that's help me.

i'm a recreational pilot. if i fly my drone and i take a bunch of pictures and i sell them to the local church, that's fine because i'm not flying for someone else. i'm flying for nobody else but myself.

You may like that, but your interpretations is incorrect if the intent of your flight was to take pictures and sell them. That would not be a recreational flight exempt from Part 107 requirements.

 

[kensteele]

It's not the flyer but the flight that is either recreational or commercial. Folks holding a remote pilot certificate may fly recreational flights if they desire. Folks without should not undertake any commercial flights. Not complicated.

that's your interpretation of what is written.

here's my interpretation of what is written:

Folks holding a remote pilot certificate may fly for fun if they desire. In order to take advantage of the exemption for recreational pilots, the following "x" conditions must apply. Folks without should not undertake any commercial flights. Not complicated.

why are we even discussing this? you guys like the loophole, i'm not trying to take it away from you. if the faa let it stands, who am i to argue?

 

[Ranger]

As a relatively new Remote Pilot (107), I'm not sure what you're referring to. The rules for recreational flight (at least in my yard near a hospital) are more restrictive than for commercial flight.

 

[kensteele]

And they can fine you.

yes sorry, they could fine you as well. but i guess my point was there's a big difference between what can happen to a hobbyist vs what can happen to part 107, no?

 

[kensteele]

You may like that, but your interpretations is incorrect if the intent of your flight was to take pictures and sell them. That would not be a recreational flight exempt from Part 107 requirements.

um yeah, i was being somewhat flippant about this poster's point which is it's a little bit more than for whom you're flying. there's that intent word that's so hard to define (which is why the 107 is abusing it).

if you are a 107 pilot and you need to practice your skills and you go off to a field and you "fly for fun" but you are obviously brushing up on your skills as a commercial pilot....pretty hard to prove intent but you are obviously furthering your business by practicing those maneuvers over that empty field, setting your camera....makes it a lot easier to get a job done quicker and move on the next job when you can fly like a champ and get all the good photos on the first round. all while you pretend to be flying for fun on the weekend in the park using your "faa commercially registered" drone.

can a 107 register as a hobbyist and put his personal (single) number on a drone and then use that drone for 107 work?

 

[kensteele]

As a relatively new Remote Pilot (107), I'm not sure what you're referring to. The rules for recreational flight (at least in my yard near a hospital) are more restrictive than for commercial flight.

so why would you want to fly under the recreational exemption? what's a good reason for making use of that exemption?

flying for fun, for the heck of it, is not a good reason according to faa.

so is that it? even though the rules are more restrictive today, one day they may not be and you want the option to jump the fence and be a hobby pilot when it's suitable for you? well, i want to be a 107 pilot today for my flight tonight, can i?

 

[Ranger]

so why would you want to fly under the recreational exemption? what's a good reason for making use of that exemption?

flying for fun, for the heck of it, is not a good reason according to faa.

so is that it? even though the rules are more restrictive today, one day they may not be and you want the option to jump the fence and be a hobby pilot when it's suitable for you? well, i want to be a 107 pilot today for my flight tonight, can i?

When I read your post about practicing it got me thinking. I have no interest in flying recreationally. At this time of year I have little time to fly at all (full time park ranger). I also produce and sell stock photographs, and pay taxes on my profit. When I do fly it's with the end goal of producing stock photos, which won't likely happen until I gain more experience. I only have my commercial numbers on my drone, and fly by Part 107 rules when I practice.

I thoroughly enjoyed the process of becoming certified. Studying for the test forced me to seek out the appropriate resources on the FAA site and watch some long, but interesting videos on test prep. Being part of the aviation world is rewarding to me, even though I've only got my toe in the water so far. I highly recommend that any drone pilot study and take practice exams, even if you never intend to spend the $150. to get certified. The knowledge gained has proven valuable to me.

Yes, you can be Part 107 if it's something you want.

 

[kensteele]

When I read your post about practicing it got me thinking. I have no interest in flying recreationally. At this time of year I have little time to fly at all (full time park ranger). I also produce and sell stock photographs, and pay taxes on my profit. When I do fly it's with the end goal of producing stock photos, which won't likely happen until I gain more experience. I only have my commercial numbers on my drone, and fly by Part 107 rules when I practice.

I thoroughly enjoyed the process of becoming certified. Studying for the test forced me to seek out the appropriate resources on the FAA site and watch some long, but interesting videos on test prep. Being part of the aviation world is rewarding to me, even though I've only got my toe in the water so far. I highly recommend that any drone pilot study and take practice exams, even if you never intend to spend the $150. to get certified. The knowledge gained has proven valuable to me.

Yes, you can be Part 107 if it's something you want.

thanks for the feedback, appreciate your reply!

 

[JamesD71]

Exactly ... their regulations are about the flying, not the photographs.
The FAA don't know what photos are, they don't care.
They do care whether you are flying for someone else though .. i.e. commercial aviation.
Are you flying for someone else?
That's non-recreational aviation and needs a 107.
Are you flying for your own enjoyment, that's recreational flight and does not require 107 certification.

No, exactly NOT !!! Their regulations are about the flying and the end results of that activity...do you fly anything BUT a camera?

 

[JamesD71]

It's not the flyer but the flight that is either recreational or commercial. Folks holding a remote pilot certificate may fly recreational flights if they desire. Folks without should not undertake any commercial flights. Not complicated.

As long as you realize that you would normally have no flight without a flyer!

 

[Meta4]

No, exactly NOT !!! Their regulations are about the flying and the end results of that activity...do you fly anything BUT a camera?

The FAA only care about the flying and say nothing about whether you fly with a lidar scanner or shoot photos or what you do with those sensors and the data they collect.
If you are convinced otherwise, can you provide any supporting evidence to back that up?
I would suggest that you have a chat with the FAA since you have your own ideas that don't align with what the FAA has said themselves.

 

[JamesD71]

The FAA only care about the flying and say nothing about whether you fly with a lidar scanner or shoot photos or what you do with those sensors and the data they collect.
If you are convinced otherwise, can you provide any supporting evidence to back that up?
I would suggest that you have a chat with the FAA since you have your own ideas that don't align with what the FAA has said themselves.

I would suggest that you be very careful flying your camera and in handling the disposition of any product there of, should you not be a 107 pilot. You obviously don’t give a poop about the FAA...just like the way some rare hams I know feel about their master, the FCC. Some folks just have to learn the hard way, and suffer the consequences. Adios Sky King.

 

[Meta4]

You obviously don’t give a poop about the FAA.

As someone that lives on the other side of the world, I'm not answerable to the FAA but I follow the US drone regulations with interest.
I'd be very interested to see any information you can point to that supports your assertions.

 

[sar104]

can a 107 register as a hobbyist and put his personal (single) number on a drone and then use that drone for 107 work?

Why do you post interminably on these subjects without ever bothering to read the applicable laws? In this case 14 CFR §48.100, 14 CFR §48.110 (a) and 14 CFR §48.115 (a).

 

[tcope]

I hear a rumor that, as I understand it, if you fly as a hobbyist and take a photo which you later provide to someone for commercial use, that you are in violation.

I heard a rumour that the unicorn population was increasing. Rumours ("facts" with nothing to support them) usually start threads such as this one.

Bottom line, the FAA is not looking for the person selling a photo/video or two. They are looking for the person, or more likely, the company that is clearly running a business and that the FAA can easily show is selling a service from the use of a drone. You only need to look at the times when they have gone after someone to see that these are almost always large businesses.