Shooting Main Street video? Legal?

[Stephen21]

Hello Everyone,

I am just getting started and thought that, once I gain proficiency with flight operations, I would make a little "Promo" video of out little town.

I am comfortable with where I can fly for all of the project except for a run down our historic main street.

Can I gain permission from local LEO or the FAA?

I certainly want to be safe avoid posting video evidence of a misdemeanor in progress......

Thanks

 

[Gkinghrn]

WhIch country?

assume you would need permission from local government for that (who will probably say no)

 

[Rich QR]

Assuming USA, since OP's profile says Eastern WA.

The FAA has sole jurisdiction over the airspace. Local authorities can't waive FAA rules.

If you use private property to take off, land, or operate your controller, that's between you and the landowner.

The FAA generally prohibits flight over people or moving vehicles. Flight over buildings is generally okay.

I don't know how your main street is laid out, but I'd avoid flying directly over the street and sidewalks, and consider flying over the buildings on one side, with the camera pointed across the street to storefronts on the opposite side. Then switch sides and repeat.

 

[CactusJackSlade]

Assuming USA, since OP's profile says Eastern WA.

The FAA has sole jurisdiction over the airspace. Local authorities can't waive FAA rules.

If you use private property to take off, land, or operate your controller, that's between you and the landowner.

The FAA generally prohibits flight over people or moving vehicles. Flight over buildings is generally okay.

I don't know how your main street is laid out, but I'd avoid flying directly over the street and sidewalks, and consider flying over the buildings on one side, with the camera pointed across the street to storefronts on the opposite side. Then switch sides and repeat.

Exactly what Rich QR said, we have an "old town" here too.... I have done flights from a slightly oblique angle above the buildings. Just watch out for wires and poles Oh, also be sure to check one of the flight apps to be sure you are not in some kind of special airspace.

 

[tck444]

Ability to fly may not be your only consideration? Depending how you are going to use the video a property release to film, post, or sell may be required?

 

[baristabob]

Ability to fly may not be your only consideration? Depending how you are going to use the video a property release to film, post, or sell may be required?

As would a 107 I would assume since the intent is a promo video. Better safe than sorry.

 

[spamgnome]

Ability to fly may not be your only consideration? Depending how you are going to use the video a property release to film, post, or sell may be required?

Doubtful.

 

[theDRONEranger]

For starters, a 107 would definitely be required to full fill your stated purpose. Other advices are appropriate as well, to include possible waivers and airspace permissions. To receive the definitive answer on requirements, pay a visit to: Contact Us
Email the FAA for definitive answers to your questions, then share the responses here with others. That’s kinda part of the reason they exist!

Disclaimer: Suggesting a personal inquiry to the FAA does not infer advice presented by others here on the forum as incorrect. I merely suggest the FAA.gov is there for you and they wrote the book.

 

[BigAl07]

Hello Everyone,

I am just getting started and thought that, once I gain proficiency with flight operations, I would make a little "Promo" video of out little town.

I am comfortable with where I can fly for all of the project except for a run down our historic main street.

Can I gain permission from local LEO or the FAA?

I certainly want to be safe avoid posting video evidence of a misdemeanor in progress......

Thanks

First off WELCOME to the forum

All the advice thus far has been spot on but let me make it more concise:

Only the FAA can give you authority to fly over people/vehicles/traffic. Not even local Law Enforcement/Govt have the legal authority to "allow" you to fly down the street if it has active traffic.

Anything you do that is not 100% recreational removes your from ~44809 (Exception for Limited Recreational Operations) and makes you completely liable for ALL Part 107 regulation and any civil (or otherwise) penalties comin from violating Part 107 Federal Regs.

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44809&num=0&edition=prelim

Making a Promo video for your town, county, country etc is in no way recreational. Your INTENT to to make a product for someone/something else which is outside of ~44809 even if no money/compensation is given, is 100% outside of recreational. Making this "for" someone else without holding a valid Part 107 is "Individual acting as an Airmen" and could (most likely wouldn't) bring a fine to you of $1,100 per flight.

As a side note.... if they know you don't have your Part 107 and they still partake of the incident they are also liable but in a much higher monetary way up to $11,000 per flight (comma placement is VERY important to note in those two figures).

 

[BigAl07]

Ability to fly may not be your only consideration? Depending how you are going to use the video a property release to film, post, or sell may be required?

If shot from a public location (with no expectation of privacy) no release/consent is needed.

 

[eaglesurfing]

Welcome to the forum and enjoy.

As usual great info is provided.

 

[tlswift58]

Assuming USA, since OP's profile says Eastern WA.

The FAA has sole jurisdiction over the airspace. Local authorities can't waive FAA rules.

If you use private property to take off, land, or operate your controller, that's between you and the landowner.

The FAA generally prohibits flight over people or moving vehicles. Flight over buildings is generally okay.

I don't know how your main street is laid out, but I'd avoid flying directly over the street and sidewalks, and consider flying over the buildings on one side, with the camera pointed across the street to storefronts on the opposite side. Then switch sides and repeat.

Agree. My little town Main Street is a straight shot and not very long. No buildings over about 50-75 feet, but does have power lines to watch out for.

You can get some good video / pics by skirting the edge of buildings on one side, so you're NOT flying directly over cars or people. Always want to err on side of safety.

Maybe even flying the drone sideways will give you what you need / want with camera facing the street. For MA2 - with no side facing sensors - make sure you are higher than ALL obstacles along the path, as the drone may not pick them up and BAM - you crashed your drone. Front. rear, and bottom should be enough - but have found that is not always true - jus' sayin'!

 

[MavicAir2Marc]

Hello Everyone,

I am just getting started and thought that, once I gain proficiency with flight operations, I would make a little "Promo" video of out little town.

I am comfortable with where I can fly for all of the project except for a run down our historic main street.

Can I gain permission from local LEO or the FAA?

I certainly want to be safe avoid posting video evidence of a misdemeanor in progress......

Thanks

Welcome to the forum! You've come to the right place for help and information.
I concur with a lot of the others here, first and foremost, if you are doing this project then you need your Part 107. Secondly, if it's a very small town with a short Main Street as long as there is NO traffic or people on the sidewalks at the time of the flight, I don't see why you couldn't make a run down the street. If you know the town's law enforcement and they are good with you shooting a promotional video, perhaps they would temporarily block off traffic for a short time for your flight. It does sometimes involve a lot of coordination even for something as simple as that. Part 107 training will definitely help you understand the rules and what you would need to do to accomplish your mission. If you follow all the rules and safety mitigation, you should be able to proudly show your town off with visual storytelling. Good luck!

 

[tlswift58]

Welcome to the forum! You've come to the right place for help and information.
I concur with a lot of the others here, first and foremost, if you are doing this project then you need your Part 107. Secondly, if it's a very small town with a short Main Street as long as there is NO traffic or people on the sidewalks at the time of the flight, I don't see why you couldn't make a run down the street. If you know the town's law enforcement and they are good with you shooting a promotional video, perhaps they would temporarily block off traffic for a short time for your flight. It does sometimes involve a lot of coordination even for something as simple as that. Part 107 training will definitely help you understand the rules and what you would need to do to accomplish your mission. If you follow all the rules and safety mitigation, you should be able to proudly show your town off with visual storytelling. Good luck!

107 "training" is valuable for sure - yet why would he need a 107 license to simply fly and video his Main Street. If it's a "commercial" type project - YES - it would be required, yet if done recreationally - then a 107 is not a requirement.

Stephen would need to provide a bit more info on his intent - is it a commercial project for pay or will be it be a gift to his town and thus not a commercial project. Promo could simply be posting the video on YouTube or FB / MeWe pages / groups simply for people to see his town.

No argument on going to "training" and going for his 107 - yet many of us have no real use / need for a 107, but having been to 107 "training" - it is invaluable, but so much info is thrown at you in 2 days - like the class I attended, especially if a newbie in droning which I was.

 

[MavicAir2Marc]

107 "training" is valuable for sure - yet why would he need a 107 license to simply fly and video his Main Street. If it's a "commercial" type project - YES - it would be required, yet if done recreationally - then a 107 is not a requirement.

Stephen would need to provide a bit more info on his intent - is it a commercial project for pay or will be it be a gift to his town and thus not a commercial project. Promo could simply be posting the video on YouTube or FB / MeWe pages / groups simply for people to see his town.

No argument on going to "training" and going for his 107 - yet many of us have no real use / need for a 107, but having been to 107 "training" - it is invaluable, but so much info is thrown at you in 2 days - like the class I attended, especially if a newbie in droning which I was.

Because the flight intent is not purely recreational, as such, it falls under Part 107.

 

[theDRONEranger]

Greetings Stephen21

your stated purpose of flying a particular mission definitely places it in the 107 category. You openly state the purpose: I would make a little "Promo" video of out little town. The end result would therefore be placing the flight in the 107 realm.

The local municipality may have ordinances pertaining to the take off and landing within city limits or at particular locations, however, the FAA is the sole authority for airspace control in the US.

A promo for your town may be a great pro Bono project for helping you become established as a 107 pilot. But, definitely NOT a wise idea for a recreational flier who has already stated the advanced purpose of a flight.

Now, with that in mind, flying in the same general area to gain your experience and your proficiency with your drone, for yourself only, is not such a bad idea. If, you do conduct experience flights, do not violate any municipal ordnance’s while doing so. It is the intent of the flight that determines the difference between recreational and 107 status.

Good place to start: Unmanned Aircraft Systems (UAS)

Wishing you the best

 

[Rich QR]

107 "training" is valuable for sure - yet why would he need a 107 license to simply fly and video his Main Street. If it's a "commercial" type project - YES - it would be required, yet if done recreationally - then a 107 is not a requirement.

Stephen would need to provide a bit more info on his intent - is it a commercial project for pay or will be it be a gift to his town and thus not a commercial project. Promo could simply be posting the video on YouTube or FB / MeWe pages / groups simply for people to see his town.

The relevant question isn't whether or not the flight is commercial. The law doesn't say that Part 107 is only required for commercial flights, it says that the only way you can fly a drone without a part 107 license is if the flight is strictly for recreational purposes (and if the rest of the 44809 requirements are met).

Certainly a flight where the pilot is paid money is not "strictly for recreational purposes", but being paid money is not the only way a flight may fall outside of the recreational exception. If you do it for the goodwill of the community, or to boost the Chamber of Commerce (especially if you are a member of that Chamber of Commerce), or to get a filming credit, or to get on the zoning commission's good side when they consider the addition you want to put on your house, that might argue that the flight wasn't just for recreation.

I don't know whether this particular project is "strictly for recreational purposes" or not, but depending on exactly why it's being done, and what arrangements there are for compensation, recognition, or credit, I can imagine a reasonable person saying it's not. I can also imagine that perhaps it is strictly recreational.

If a pilot gets a Part 107 license, there is no worry about gray areas in judging whether a flight is strictly recreational. Furthermore, even if the flight is ultimately found to be "strictly for recreational purposes", if the FAA makes you go to court to prove that, you may end up wishing you had gotten the Part 107 license to save yourself all that money and trouble.

 

[Stephen21]

Thank you for all of the thoughtful replies. So many I cannot reply individually

The idea of flying over the buildings while filming across the street may be the best approach. There will be trees, wires and pole to contend with.

Regarding authority. The folks that said "FAA is the only authority", You are correct but you will never convince the local LEO of that. I will ask their permission out of courtesy and self preservation.

Regarding part 107: No commercial intent here. I want to make a "practice" video of a format that I may offer commercially someday if I find that I have the skills to do it for $. This one is for my own edification. Not even youtube will see it.

Regarding training: I definitely understand the value. I have spent several thousand $$ on
part 141 and Part 103 instruction and will definitely be pursuing part 107 training/study even if just to be a better pilot.

Thanks again Everyone.