What is required of me if I want to take an Ariel picture of a football field for my kids school. It will be 30 mins before dusk, I’ll be taking off from an empty softball field and staying above the softball field. Not flying over anyone and I am giving the picture to the school.
Aerial Photography Legalities
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If your in the USA and you will get paid for it then you need a license with the FAA. I done a similar thing in England for the hotel manger. He gave me 2 free beers in return. If you get a freebie in return as it's a one off I wouldn't worry but I am not in America so I am not 100% sure to be honest mate
As bad as I hate to say it, I would at minimum ask for a request to do the shoot from the school.
A wiser man might go to the school boards web site and look for rules about anything special. If there is no specific rule or mention of UAS policy, then maybe really look around, plan your shot for safety and give the kids a photo!
Want to make sure? Get a written release from the school and / or school board.
And the lawyers licked their lips while Satan danced a jig...
A wiser man might go to the school boards web site and look for rules about anything special. If there is no specific rule or mention of UAS policy, then maybe really look around, plan your shot for safety and give the kids a photo!
Want to make sure? Get a written release from the school and / or school board.
And the lawyers licked their lips while Satan danced a jig...
Meta4
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About the same as would be required if you stood on the ground and used a regular camera.
Don't over-think it.
I’m not trying to over think it, I’m just being questioned by someone saying I’m not allowed to since I’m not 107 certified, which I’m studying for and based on what I’ve read there should be no issues.
Meta4
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You didn't sell them the photo.
Your flight was quite legal.
The person giving you trouble is nitpicking.
There is nothing wrong or illegal about sharing a photo.
Call your local FSDO and ask them because what the FAA says is really all that matters.
I can tell you this much... if I were a betting man (and I'm not) I would be my next paycheck the FSDO is going to tell you something like this:
Taking a picture for someone else (regardless of money/beer/compensation) is not a Hobby/Recreational endeavor. In most simple terms... if you "happen" to be flying and capture a really cool picture and later decide to donate, sell, trade the picture you're good to go because at the time of the flight your INTENT was hobby/recreational. But the moment you said "take an Ariel picture of a football field for my kids school" you have left the hobby/recreational box and entered into CIVIL flight which puts you into the Part 107 box.
Granted odds are nothing will come of it but since someone is already questioning you (and IMHO rightfully so) you are already getting some unneeded/unwanted attention and no sense pushing it any further. Let things cool down and tell the person you're flying for your own hobby/recreation and have no intentions of selling, sharing, pics etc.
I'd say you'd be better off just flying for fun and later just happen to see some of your pictures are print/share worthy and offer them to the school. Remember it's 100% the INTENT of the flight that determines which set of rules/regulations you are to fly under. As soon as you say
I can tell you this much... if I were a betting man (and I'm not) I would be my next paycheck the FSDO is going to tell you something like this:
Taking a picture for someone else (regardless of money/beer/compensation) is not a Hobby/Recreational endeavor. In most simple terms... if you "happen" to be flying and capture a really cool picture and later decide to donate, sell, trade the picture you're good to go because at the time of the flight your INTENT was hobby/recreational. But the moment you said "take an Ariel picture of a football field for my kids school" you have left the hobby/recreational box and entered into CIVIL flight which puts you into the Part 107 box.
Granted odds are nothing will come of it but since someone is already questioning you (and IMHO rightfully so) you are already getting some unneeded/unwanted attention and no sense pushing it any further. Let things cool down and tell the person you're flying for your own hobby/recreation and have no intentions of selling, sharing, pics etc.
I'd say you'd be better off just flying for fun and later just happen to see some of your pictures are print/share worthy and offer them to the school. Remember it's 100% the INTENT of the flight that determines which set of rules/regulations you are to fly under. As soon as you say
And therein lies your potential problem, as @BigAl07 explained. That simple statement means that the intent of the flight is not purely recreational, which is the condition that the law imposes for the flight not to fall under Part 107.
While I don't fully agree with the laws in the US about drone use I am intimately familiar with them and it doesn't even require compensation (beer or otherwise). It's not that the flight is commercial (getting paid) but that it's not HOBBY/Recreational. In the US of A you fall under 1 of 3 categories...
1) Public Use/COA
2) Civil Operations (and Commercial Operations is but one possibility under CIVIL)
3) Hobby/Recreational
If you aren't flying under a Public Use COA you only have 2 options.
If you don't fit 100% completely inside of the Hobby/Recreational box you automatically default to Part 107 CIVIL operations.
Ok I get that. Last question, I have a buddy who is a licensed pilot, not 107 but has his actual pilots license, if he is there with me would that suffice? I only ask because I’d like to do it soon and I’m still studying for my 107 test. Thanks for all the great info and advice!!!
Negative.... one of your must hold Part 107 RPIC certificate.
On the flip side, it would be SUPER easy for him to get it though... take the online test (super easy), go meet with his DPE get signed off , Pay the fee (Whatever he charges), and submit it to IARCRA.
Your friend has a LOT on the line because an infraction (for him) could.. and I stress COULD... have repercussions against his pilot's certificate.
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What a bunch of paranoid garbage advice!
I’m with Meta4 on this one and so is the law...107 or not.
As long as the school (assuming it was an official i.e. principal, vice, etc.) and you had it in writing from them that WILL cover you from any and all potential prosecution provided your flight harms no one and that there is no property damage. Period. Said letter would suffice for any US Court and even the overly feared FAA. If the intent of the flight is done as a favor it CAN be argued that it was a recreational flight. 107 holders ARE allowed to fly recreationally. Flight logs, invoices for non-recreational flights are necessary for 107 holders to cover your behind, but If you’re really that worried about it my advice is to go do the flight ASAP before you get your 107. The FAA know-it-alls will argue all day long about these subjects. Let them. There is still a thing called common sense and you’ve shown an ample amount of caution and frankly I would tell whoever questioned your licensing to do said flight to, well - stick it...
A good friend of mine is a local federal district judge. He likes to fly with me on occasion and I told him about your scenario. He laughed and my words above are a summation of his.
Common sense says go enjoy your recreational flight over your son’s school. Get that letter first and trust me - by then there will be twelve more posts on here with ATC / tower communications, technicalities and arguments that go unresolved because to date they mostly lack an ounce of common sense. It’s the guy in the bushes with a camera they need to worry about - not you.
I’m with Meta4 on this one and so is the law...107 or not.
As long as the school (assuming it was an official i.e. principal, vice, etc.) and you had it in writing from them that WILL cover you from any and all potential prosecution provided your flight harms no one and that there is no property damage. Period. Said letter would suffice for any US Court and even the overly feared FAA. If the intent of the flight is done as a favor it CAN be argued that it was a recreational flight. 107 holders ARE allowed to fly recreationally. Flight logs, invoices for non-recreational flights are necessary for 107 holders to cover your behind, but If you’re really that worried about it my advice is to go do the flight ASAP before you get your 107. The FAA know-it-alls will argue all day long about these subjects. Let them. There is still a thing called common sense and you’ve shown an ample amount of caution and frankly I would tell whoever questioned your licensing to do said flight to, well - stick it...
A good friend of mine is a local federal district judge. He likes to fly with me on occasion and I told him about your scenario. He laughed and my words above are a summation of his.
Common sense says go enjoy your recreational flight over your son’s school. Get that letter first and trust me - by then there will be twelve more posts on here with ATC / tower communications, technicalities and arguments that go unresolved because to date they mostly lack an ounce of common sense. It’s the guy in the bushes with a camera they need to worry about - not you.
Splendid advice. Get a letter first that unambiguously confirms that it is not a recreational flight. What could possibly go wrong?
Getting permission from the principal doesn't exclude it from Part 107, but it could be a prerequisite for doing a Part 107 flight. Same as some cities with realtors who need written permission from any property owners they fly over with their Part 107 work filming some building. The OP's transaction is commercial use, even if it is bartered. BigA107 nailed it, and the local Flight Service Office would tell you the same.
I never got the farmer filming his own field and seeing some weeds that needs eradicating which makes it a 107 flight and takes it out of the recreation arena, but that's the law as the FAA sees it. Somewhere that one sneaked into the Part 107 test too.
Not to say people don't do this regulary though, any more than filming in Hollywood without a pricey permit and all the paperwork it entails. Even the majors shoot and run at times.
I never got the farmer filming his own field and seeing some weeds that needs eradicating which makes it a 107 flight and takes it out of the recreation arena, but that's the law as the FAA sees it. Somewhere that one sneaked into the Part 107 test too.
Not to say people don't do this regulary though, any more than filming in Hollywood without a pricey permit and all the paperwork it entails. Even the majors shoot and run at times.
How about getting permission from the principal to let you practice flying at the school. That lets you practice your recreational flying on the property. If you operate the aircraft within the rules of hobby, stay below 400 feet, don't operate over assemblies of people and don't overfly private property, you haven't violated any rules. Have fun and go home. If you get a good shot while you are practicing, save it. If they see it somewhere and like it, you can let them have it. You didn't contract to take photos for them, you took the shots for your personal satisfaction. Your son plays sports there and you were taking personal mementos using a new technology. BTW, who's making waves for you? Are they likely to "report" you for your activities, or are they just offering their HO? Consider the threat and assess the risk. JMHO...
Yep...fantastic advise. Since FAA infractions are civil, you will face an administrative judge with the FAA first, NOT a US Federal judge. Between fines and legal costs, you could rack up to a $5000 bill. ONLY when you have exhausted ALL your administrative remedies and appeals within the FAA system, THEN you can file your appeal with a federal court. Another $10,000 in attorneys fees later, you "might" win if you happen to get this specific judge.
Let's add this up.
Part 107 license to insure you are completely covered - $150 plus about 15 hours of your time and the FAA leaves you alone for SURE
Doing it YOUR way - $15000 legal fees, PLUS if you lose, and fines and other costs.
Yep...makes perfect sense to me.
/SARCASM OFF
Now if there were any actual intelligence in your post, you'd realize that those posting here about the Part 107 rules work with the FAA day in and day out on this stuff. But I wouldn't expect someone like you to understand anything about that. Go troll elsewhere.
See, that sounds like the Craigslist ad I read for pics. "I'm not charging for the drone work, just the pictures...".
Guys, it sucks. I sometimes wonder why I have spent so much on equipment I can use at fewer and fewer places. But this type of justification only sounds ok till the law shows up, trust an old man on this. And this kind of stuff is where the rules get tougher trying to shut it down.
That having been said, for a quick pic of your kids class, maybe shoot and run works.
But if your kid isn't in the picture and/or you're making a dollar on it, you should be turned in. Being 107 certified is not cheap or easy. And I will drop a dime on cheaters in a New York minute.
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