Seriously? This is illegal?

[Bad Santa]

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?

 

[mavic3usa]

Doesn't sound entertaining to me but if you are referring to the FAA regulations for drone flight, simply doing as you mentioned is not a commercial activity requiring a part 107 license, IMO.

Not trying to be funny but I think the standard goes by the intent of what the common ordinary flyer could be experiencing, not each individual drone pilot specifically. IOW, what is fun for you may not be fun to someone else....but it could be and so it could be recreational!

 

[msinger]

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

 

[Cafguy]

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.

If that is your intent Then you are good to go who knows you may review your video and see something that needs repair you are still solid..
IF your intent was to fly your Drone in order to inspect your gutters and downspouts for repairs well...you need a part 107 to do that. Its that simple really. to clarify If you video your gutters with the intent to take said video to a contractor for a quote THEN you are doing part 107 work.

 

[Bad Santa]

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

I'm sure that's how it will go.

 

[Bad Santa]

If that is your intent Then you are good to go who knows you may review your video and see something that needs repair you are still solid..
IF your intent was to fly your Drone in order to inspect your gutters and downspouts for repairs well...you need a part 107 to do that. Its that simple really. to clarify If you video your gutters with the intent to take said video to a contractor for a quote THEN you are doing part 107 work.

Yeah, exactly. My gutters are fine. I don't need to check on my gutters. I don't need to look to see why they aren't draining. I'm definitely NOT doing a video for contractor bids. If I were going to be looking to see what repairs I was going to do, I'd just get a ladder and do them.
And I'm not even thinking of how to attack some sort of grappling device to remove an obstacle to the drain hole. (It's not even an option, even if I were thinking about it)

 

[hank970]

Santa, if that's your idea of fun and entertainment, then you need to get out more often. Go to a movie, maybe, or a concert. Or go fishing. If your real intent, however, is to push the boundaries between what's legal and illegal, there may be some risks involved. I haven't been a member of MavicPilots for very long, but I've already seen some posts on this site from folks who not only like to tease the tiger but also seem eager to share news of their exploits in hopes of getting a reaction from other members. Though you might think your multiple references to "fun" and "entertainment" are cute, they lack subtlety. Look around. There are a lot of subjects more appealing and interesting than gutters and downspouts.

 

[Bad Santa]

Santa, if that's your idea of fun and entertainment, then you need to get out more often. Go to a movie, maybe, or a concert. Or go fishing. If your real intent, however, is to push the boundaries between what's legal and illegal, there may be some risks involved. I haven't been a member of MavicPilots for very long, but I've already seen some posts on this site from folks who not only like to tease the tiger but also seem eager to share news of their exploits in hopes of getting a reaction from other members. Though you might think your multiple references to "fun" and "entertainment" are cute, they lack subtlety. Look around. There are a lot of subjects more appealing and interesting than gutters and downspouts.

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.

 

[Max Headroom]

Surely if you use the drone on your own property then you call in a person because you need work doing it cannot be illegal.

 

[Meta4]

IF your intent was to fly your Drone in order to inspect your gutters and downspouts for repairs well...you need a part 107 to do that. Its that simple really. to clarify If you video your gutters with the intent to take said video to a contractor for a quote THEN you are doing part 107 work.

If someone wants to get flying practice by using a drone to look in their gutters, no-one including the FAA cares about it.
This silly hypothetical question can always be counted on to bring out even sillier radical, fundamentalist drone philosophers who will go to ridiculous lengths to define what is recreational and what is legal.

It never fails.
Just mention looking at your roof while flying and they come out every time like frogs in the rain.

 

[spsphotos]

Ignore all the noise. You're fine. FAA is not going to come and take you to a black site. LOL.

 

[johnnyb57]

Why did you feel the need to ask, you should have just done it.... A 107 is BS, and really not needed for anything, same with registration...

 

[Cafguy]

Surely if you use the drone on your own property then you call in a person because you need work doing it cannot be illegal.

You cannot...... IF the contractor takes the video and provides you a quote for the work based SOLEY on that video then you have provided a service to the roofing company. you need a 107 to do that.
LOOK its not weather you would be caught....YOU WON'T but is is about your compliance with the law. The op asked if he is flying legally and he is....But would NOT be if THE INTENT OF THE FLIGHT WAS TO INSPECT THE ROOF FOR REPAIR. If this is wrong chime in with some facts .
The law is the law and while the fact is you will not see anyone from the FAA. Forum rules dictate that I should tell you to Follow all laws while flying your Drone.
The op did not ask weather they could be caught by authorities while doing it For that the answer is NO but just because the police are not around does not make something legal.
Can you video your roof and then use that video to get a quote from a roofing contractor? NO... That would be providing a service to the contractor.
This is a Public Drone forum and I find it best to quote the laws not leaving out the ones I think I might get away with.
IT is all about INTENT. Inspect your roof all you want...call all the contractors you want to view your video...get all the quotes you can you have no problems UNLESS....The intent of your flight was to inspect the roof to make repairs. IF that is the case you are flying part 107.
NOW if you fly around your yard taking videos for any other reason and you just happen to notice that roof Damage and then call a contractor you are within the law Because the INTENT of that flight was NOT to inspect the roof.
It's all about INTENT.

 

[mavic3usa]

You cannot...... IF the contractor takes the video and provides you a quote for the work based SOLEY on that video then you have provided a service to the roofing company. you need a 107 to do that.
LOOK its not weather you would be caught....YOU WON'T but is is about your compliance with the law. The op asked if he is flying legally and he is....But would NOT be if THE INTENT OF THE FLIGHT WAS TO INSPECT THE ROOF FOR REPAIR. If this is wrong chime in with some facts not childlike insults posted to boost ones own ego..
The law is the law and while the fact is you will not see anyone from the FAA. Forum rules dictate that I should tell you to Follow all laws while flying your Drone.
The op did not ask weather they could be caught by authorities while doing it For that the answer is NO but just because the police are not around does not make something legal.
Can you video your roof and then use that video to get a quote from a roofing contractor? NO... That would be providing a service to the contractor.
This is a Public Drone forum and I find it best to quote the laws not leaving out the ones I think I might get away with.
IT is all about INTENT. Inspect your roof all you want...call all the contractors you want to view your video...get all the quotes you can you have no problems UNLESS....The intent of your flight was to inspect the roof to make repairs. IF that is the case you are flying part 107.
NOW if you fly around your yard taking videos for any other reason and you just happen to notice that roof Damage and then call a contractor you are within the law Because the INTENT of that flight was NOT to inspect the roof.
It's all about INTENT.

Alot here but ultimately I have to agree because the focus is on intent. If your intent to fly for fun one early winter day and you fly over your house and get shots of the roof, no problem. Then next summer, you notice leak problems and you reach out to a contractor and he says please send me a video of your roof, remember that video from last winter? Send it!

It's not the video or the photo that gets marked as commercial or recreational. It is the flight that bears the marking. If the intent of the flight is marked as recreational then that flight is forever a recreational flight regardless of the ultimate disposition of the photos or the videos resulting from that flight. Those videos are forever "recreational" videos or videos as a result of a legal recreational flight. Nowhere in the FAA rules do they prohibit the sale, delivery, transfer, or commercial use of recreational videos to a commercial entity or for purposes of non-recreational activities. In other words, it's a bit of a reach if one were to review the video or photo contents and then try to determine if it resulted from a recreational or commercial flight.

This is a bit harsh but I'm going to throw this out there as well. Once your flight lands, that's it....it's over. Either the flight was legal or it was illegal. If your intent was for fun, then the flight is recreational and that's it. That doesn't change depending on where your footage ends up, how much someone pays you for the footage one day, what you do with that video, etc. If you sell the video and get paid then a violation would likely occur only if it could be proven the intent of the flight was disingenuous....meaning, the intent of that flight is not determined by the ultimate disposition of the contents resulting from that flight. That's backwards. It has to be this way because 1) you don't always have control over what happens to your footage and 2) how it is possible to change your intent by specific activities such as selling footage or giving it away, etc. If you have a part 107 and you inspect a building and then you take the footage and share it with your family for enjoyment, does that change the intent of your commercial flight to recreational? Nope.

 

[Cafguy]

Lets say two members of the same church decide to donate Drone photos to auction for charity. Non of these two have a commercial license..
Our first pilot goes home and finds a lovely photo they took last year on vacation and uses that. He is perfectly legal.

Our second hero Takes his Drone across the street from the church with the intent to capture a great photo to donate and uses that.
Our second hero has just broken the law regarding part 107 flights. He is providing a service to the charity that will get the money and the intent of his flight was to take the photo to be auctioned.
Simple really.

 

[Bad Santa]

You cannot...... IF the contractor takes the video and provides you a quote for the work based SOLEY on that video then you have provided a service to the roofing company. you need a 107 to do that.
LOOK its not weather you would be caught....YOU WON'T but is is about your compliance with the law. The op asked if he is flying legally and he is....But would NOT be if THE INTENT OF THE FLIGHT WAS TO INSPECT THE ROOF FOR REPAIR. If this is wrong chime in with some facts not childlike insults posted to boost ones own ego..
The law is the law and while the fact is you will not see anyone from the FAA. Forum rules dictate that I should tell you to Follow all laws while flying your Drone.
The op did not ask weather they could be caught by authorities while doing it For that the answer is NO but just because the police are not around does not make something legal.
Can you video your roof and then use that video to get a quote from a roofing contractor? NO... That would be providing a service to the contractor.
This is a Public Drone forum and I find it best to quote the laws not leaving out the ones I think I might get away with.
IT is all about INTENT. Inspect your roof all you want...call all the contractors you want to view your video...get all the quotes you can you have no problems UNLESS....The intent of your flight was to inspect the roof to make repairs. IF that is the case you are flying part 107.
NOW if you fly around your yard taking videos for any other reason and you just happen to notice that roof Damage and then call a contractor you are within the law Because the INTENT of that flight was NOT to inspect the roof.
It's all about INTENT.

This is EXACTLY why we all drive no faster than the posted speed limit, ever. It's why we leave tags on mattresses and couch cushions for eternity. And why we never cross streets except on the corners.

 

[Bad Santa]

Alot here but ultimately I have to agree because the focus is on intent. If your intent to fly for fun one early winter day and you fly over your house and get shots of the roof, no problem. Then next summer, you notice leak problems and you reach out to a contractor and he says please send me a video of your roof, remember that video from last winter? Send it!

It's not the video or the photo that gets marked as commercial or recreational. It is the flight that bears the marking. If the intent of the flight is marked as recreational then that flight is forever a recreational flight regardless of the ultimate disposition of the photos or the videos resulting from that flight. Those videos are forever "recreational" videos or videos as a result of a legal recreational flight. Nowhere in the FAA rules do they prohibit the sale, delivery, transfer, or commercial use of recreational videos to a commercial entity or for purposes of non-recreational activities. In other words, it's a bit of a reach if one were to review the video or photo contents and then try to determine if it resulted from a recreational or commercial flight.

This is a bit harsh but I'm going to throw this out there as well. Once your flight lands, that's it....it's over. Either the flight was legal or it was illegal. If your intent was for fun, then the flight is recreational and that's it. That doesn't change depending on where your footage ends up, how much someone pays you for the footage one day, what you do with that video, etc. If you sell the video and get paid then a violation would likely occur only if it could be proven the intent of the flight was disingenuous....meaning, the intent of that flight is not determined by the ultimate disposition of the contents resulting from that flight. That's backwards. It has to be this way because 1) you don't always have control over what happens to your footage and 2) how it is possible to change your intent by specific activities such as selling footage or giving it away, etc. If you have a part 107 and you inspect a building and then you take the footage and share it with your family for enjoyment, does that change the intent of your commercial flight to recreational? Nope.

To sum it up, intent comes before action, 100% of the time.

 

[djwak59]

If someone wants to get flying practice by using a drone to look in their gutters, no-one including the FAA cares about it.
This silly hypothetical question can always be counted on to bring out even sillier radical, fundamentalist drone philosophers who will go to ridiculous lengths to define what is recreational and what is legal.

It never fails.
Just mention looking at your roof while flying and they come out every time like frogs in the rain.

Agree TOTALLY ! !
It “seems” there’s always been WAY too many pilots on this site who should never have retired from BEING a professional pilot.
IMO, and I could be wrong, MOST drone pilots on this site have NEVER been in the Air Force or flown an airplane or helicopter, and thank you for your service if you did.
Be AWARE of the rules but c’mon, the FAA has WAY bigger fish to fry.
Just my 2 cents. Happy Halloween .

 

[Cafguy]

Agree TOTALLY ! !
It “seems” there’s always been WAY too many pilots on this site who should never have retired from BEING a professional pilot.
IMO, and I could be wrong, MOST drone pilots on this site have NEVER been in the Air Force or flown an airplane or helicopter, and thank you for your service if you did.
Be AWARE of the rules but c’mon, the FAA has WAY bigger fish to fry.
Just my 2 cents. Happy Halloween .

You are correct and while the FAA does have bigger fish to fry. If for some reason the FAA (or IRS) does catch on, The Fines will be so huge that you will wish you never heard the word Drone.
This is why I prefer to caution new pilots. Not that someone would ever get caught but, slack up on one rule and its easier to slack on another! MY 2 Cents. and happy halloween to you

 

[Meta4]

You are correct and while the FAA does have bigger fish to fry. If for some reason the FAA (or IRS) does catch on, The Fines will be so huge that you will wish you never heard the word Drone.

Huge fines if the FAA or IRS find out that you looked at your gutters or gave a photo to a charity?
If you committed the thought crime of failing to fill your mind with strict recreational thoughts before flying?

Come back down to earth sometime.