Seriously? This is illegal?

[msinger]

That one law, IMHO, should have nothing to do with the FAA since it's not about safety

The FAA separates recreational and commercial drone flights because they often involve different levels of risk and responsibility. Here’s why it matters:

• Different Risks: When people fly for fun, it's usually in safe, open areas, and the flights are simpler. But when drones are flown for business, they're often used in more crowded or sensitive areas, which can involve higher risk.
  
  
• Purpose & Accountability: Commercial drone pilots have more responsibility because they're usually doing things like collecting data, delivering packages, doing inspections, etc. where safety and privacy are bigger concerns. So, the FAA makes sure they're properly trained and licensed.
  
  
• Clear Rules for Businesses: By setting different rules, the FAA gives businesses clear guidelines to follow. This also helps hobbyists enjoy flying without as many restrictions.

So, even though the FAA's main goal is safety, they care about the purpose behind each flight to make sure both fun and business uses are safe and reasonable.

 

[Wreckhunter]

Totally illegal. The authorities will probably be pulling up in their squad cars even before you have time to land.

If it is your own property there is nothing wrong with that,and legal.As long as it is your own property and not someone elses

 

[msinger]

If it is your own property there is nothing wrong with that,and legal.As long as it is your own property and not someone elses

The intent of a flight has nothing to do with whether or not you own the property where you're flying.

BTW, if you didn't catch on, I was joking a bit there. I doubt anyone would be concerned over the type of flight the OP described.

 

[Wreckhunter]

Well now, I've gone to movies, I've gone to concerts. I've done more with my life than (from the subset I've known) most people.
Sometimes I do, in fact, like to start conversations just for fun.
Sometimes people take things too literally.
Now, adding to the list, I've teased the tiger. I've been bit. I've been free and I've been in jail. I've been single, and I've been married.
But I've never flown a drone up to look at (not inspect) gutters before. That would be a first.
I do share my exploits. Some people think that living on the edge is crossing the line. I'm not one of those. I try to stay on the safe side of the line. That's why there's a line. getting close is still not crossing it.

The thread is rhetorical.

And, FWIW, I'll be taking my Part 107 test soon enough. I'm not an idiot, I just play one on TV.

Drone related,please no life history.

 

[Wreckhunter]

The intent of a flight has nothing to do with whether or not you own the property where you're flying.

BTW, if you didn't catch on, I was joking a bit there. I doubt anyone would be concerned over the type of flight the OP described.

Oh ok I gotcha,have a good one.

 

[Meta4]

I have yet to figure out why there's a law that says it's legal to fly recreationally but one needs a license to fly for a profit. Neither is safer than the other. So, it's easy to conclude the law isn't about safety at all. It's about some sort of controlling what a person can and can't do.

The FAA rules about recreational vs commercial flying go back to the FAA trying to treat drones as aircraft because that's what they understand.
Originally they demanded a real plane licence for any commercial drone use (Section 333 exemption from 2014-2016).
Imaging how completely ridiculous that you had to be a genuine plane pilot to be able to shoot some pix of a house for a real estate agent!
That was replaced by the Part 107 exemption which allowed drone flyers to fly drones commercially.
But the FAA didn't use much imagination.
Still thinking of drones as planes, just like planes the FAA thought that flyers should have a higher level of training for commercial flying.
That makes sense when you are flying a plane with paying passengers of cargo, but is ridiculous to fly hobby drones for a real estate shoot.
The idea that you could fly and shoot photos legally, but couldn't sell the photos doesn't stand up to any rational thought.
Many other advanced countries have worked this out and no longer make the silly and artificial distinction for drones weighing less than 2kg.

 

[Bad Santa]

The FAA rules about recreational vs commercial flying go back to the FAA trying to treat drones as aircraft because that's what they understand.
Originally they demanded a real plane licence for any commercial drone use (Section 333 exemption from 2014-2016).
Imaging how completely ridiculous that you had to be a genuine plane pilot to be able to shoot some pix of a house for a real estate agent!
That was replaced by the Part 107 exemption which allowed drone flyers to fly drones commercially.
But the FAA didn't use much imagination.
Still thinking of drones as planes, just like planes the FAA thought that flyers should have a higher level of training for commercial flying.
That makes sense when you are flying a plane with paying passengers of cargo, but is ridiculous to fly hobby drones for a real estate shoot.
The idea that you could fly and shoot photos legally, but couldn't sell the photos doesn't stand up to any rational thought.
Many other advanced countries have worked this out and no longer make the silly and artificial distinction for drones weighing less than 2kg.

I think I agree with you.

Knowing someone who actually works with the FAA, I know that not all their rules are "perfect".
They have many rules that don't make sense to actual pilots (who break these rules on the regular as part of their job) and a lot of the FAA rules/requirements can be downright dangerous if followed to the letter.

But that's not part of this conversation.

I don't plan on using my drone for any commercial purpose until I have the Part 107 certification. Then, of course, I'm going to introduce myself to hot chicks as a commercial pilot. (I've checked and it will be legal, and accurate)

 

[Cafguy]

Weed was made legal in many areas and now people smoke it while driving, in the open.

Driving under the influence is a crime and is punished by every state that has legalized cannabis. It is also illegal to transport your cannabis if it has been unsealed or open. (open container law). If you see someone smoking weed and driving it is up to you to report them.

I have yet to figure out why there's a law that says it's legal to fly recreationally but one needs a license to fly for a profit. Neither is safer than the other.

Actually a commercial flight could be considered much safer because it is regulated by so many agencies not just the FAA. when you do a commercial shoot you are expected to follow the guidelines given by multiple agencies.
Did you know that if you are doing a commercial job with people, that those people are considered actors by the government and you must follow all of the OSHA guidelines for workplace safety involving actors or you could be jailed or fined. Its the truth! In fact if OSHA witnesses you breaking a safety rule in your video you WILL be fined.
SO you are correct that sometimes this has nothing to do with the FAA.

 

[Cafguy]

If it is your own property there is nothing wrong with that,and legal.As long as it is your own property and not someone elses

Can I sell cocaine on my personal property? Is it only illegal if I sell it somewhere else.

 

[Bad Santa]

Is anyone so naïve that they believe reporting someone smoking weed in their car will be investigated in any way, shape, or form?
I've reported a semi that was weaving all over the road and there was nothing done about it. That was my wake-up call. Don't bother. Nobody cares.
And who doesn't see the difference between selling illegal drugs and flying a drone 2o feet in the air on their property?

 

[Daytona500]

So, I'm thinking of taking a small, entertainment only, video of the gutter on my house. You know, just for fun. I want to see if the mini is capable of looking down a downspout. Just for entertainment, mind you.
It would be entertaining to see the geometry of the gutter to see what physics might be involved with water pouring over the side. Doesn't that sound like fun?

I think the OP had no intention of inspecting his gutters. I think he just want to photograph them as an interesting subject. Get a cool shot of the inside of th downspout. Pour some water down it geta shot of it swirling down the pipe. He's just a photographer trying to get cool and different shots of strange things .
Back when I first started playing with cameras. I'd stick the lens up the shut in a coke machine, or down in a pocket on a pool table. Am I guilty of inspecting those items. I think not and I don't think the OP has done anything wrong either, just looking for a cool photo. IMHO

 

[Mr Bowcat]

Threads like this really make me laugh. So much time is spent by US lawmakers about daft things like this, instead of spending time on important things, like gun control.

 

[MARK (LI)]

If it is your own property there is nothing wrong with that,and legal.As long as it is your own property and not someone elses

I am curious where you see that in the regulations...because FAA Drone Zone says:

No mention as to who owns the property ...if you want to read it in its entirety

FAADroneZone

faadronezone-access.faa.gov

I don't know how it could be made any clearer .....it is concise and leaves no room for someone's confusion or interpretation

 

[Cafguy]

Is anyone so naïve that they believe reporting someone smoking weed in their car will be investigated in any way, shape, or form?

It is investigated here in Bakersfield and California as a whole the police are more than happy to find and arrest DUI offenders it makes for happy voters. In Cali you do not want to be seen smoking weed and driving if someone reports you the cops are gonna come and check you out for sure.

 

[Cafguy]

And who doesn't see the difference between selling illegal drugs and flying a drone 2o feet in the air on their property?

The law is the Law no matter where or HOW you break it. Sure we are talking of laws that really make not much difference ( except to the I.R.S.) BUT The whole reason for having the distinction of Commercial flight is that it is an industry of its own and it needs to be protected.
If you were a Drone pilot that surveys roofs for damage for a living, you would not want it to be legal for every kid with a drone to do it!! After all you have invested time and money into your business why shouldnt everyone else. This is just a very small reason why the law is written the way it is.
ALSO: Lets say you hire the non part 107 certified neighbors kid to come over and film your roof. All of a sudden the kid Does something and is hurt on your property, YOU are liable for that!! No matter what stupid thing the kid did to get hurt. A person that is licensed will have insurance and that means they will also be bonded. SO the law can be there to protect consumers as well.
The reasons to leave the part 107 stuff to the people who are licensed to do it are to numerous to mention here.
BUT in reality What we are debating is what I like to call a lemonade stand debate in other words in no state or place in the U.S. is it legal to open a lemonade stand and take cash....Yet it is done everywhere all the time with NO enforcement.

 

[whiskeybc]

I've sent a link to this post to the FAA so you better watch out pal

 

[msinger]

I've sent a link to this post to the FAA so you better watch out pal

I might not have been kidding about those squad cars rolling up...

 

[mavic3usa]

The law is the Law no matter where or HOW you break it. Sure we are talking of laws that really make not much difference ( except to the I.R.S.) BUT The whole reason for having the distinction of Commercial flight is that it is an industry of its own and it needs to be protected.
If you were a Drone pilot that surveys roofs for damage for a living, you would not want it to be legal for every kid with a drone to do it!! After all you have invested time and money into your business why shouldnt everyone else. This is just a very small reason why the law is written the way it is.
ALSO: Lets say you hire the non part 107 certified neighbors kid to come over and film your roof. All of a sudden the kid Does something and is hurt on your property, YOU are liable for that!! No matter what stupid thing the kid did to get hurt. A person that is licensed will have insurance and that means they will also be bonded. SO the law can be there to protect consumers as well.
The reasons to leave the part 107 stuff to the people who are licensed to do it are to numerous to mention here.
BUT in reality What we are debating is what I like to call a lemonade stand debate in other words in no state or place in the U.S. is it legal to open a lemonade stand and take cash....Yet it is done everywhere all the time with NO enforcement.

Seems to be working out fine in other countries where these distinctions are not being made.
Seems to be working out fine in other areas (like photography and lawn care and auto repair) where these distinctions are not being made.

Are the results desirable? Perhaps.
Should there be government rules and regulations and permits along with sanctions? Absolutely not.

Who cares if a kid wants to take his drone and survey a roof or take his tools and repair a broken car on the street or grab his camera and photograph a neighbor's wedding or drive around the neighborhood with his weed-whacker in tow. We don't need the government to issue permits for everything in our lives, this is a free country (granted not all states are free) and the free market will take care of this. When you insert the government, it's just asking for trouble.

Like you said, the FAA is not enforcing it. Kids are surveying roofs with no part 107. And nothing is being done about it. And bad things are not happening because the bad things are only going to happen when the government steps in....trust me.

 

[MARK (LI)]

BUT in reality What we are debating is what I like to call a lemonade stand debate in other words in no state or place in the U.S. is it legal to open a lemonade stand and take cash....Yet it is done everywhere all the time with NO enforcement.

I can just picture a cop car pulling up and a guy gets out with a bull horn and blasts out "come out from behind the lemonade stand with your hands up"

 

[Droning on and on...]

...However back in September @Droning on and on... submitted an inquiry regarding this subject to the FAA and was informed that doing your own inspection would be OK
it was in this thread Same restrictions for <250 g which seems to have been redacted and that portion is missing

What??!? Why?

Perhaps a mod would care to weigh in and explain what was wrong with that post that necessitated removal.