Do I need Part 107 Cert for this?....

[JamesJB]

If I take pictures or videos with my future Phantom 4 Pro and Mavic Pro and post them to like Youtube, Facebook or anywhere else would I get in trouble if I don't have a 107 cert? I'm confused about this part.

I wouldn't be making any profit or anything off of them and I don't have a business.
I know im gonna wanna post all the cool pics and vids,I just don't want to get into trouble or fined for doing it though.

 

[Fly Dawg]

No, you are fine with that. It is only for Commercial operations.

 

[Fly Dawg]

Disclaimer: However you still need to abide by the FAA "recommendations" for hobby flying. Such as this:

 

[sar104]

As stated by @Fly Dawg, that is pretty much the definition of the hobby use of a UAV.

 

[KennyJr]

No, you are fine with that. It is only for Commercial operations.

I'd probably word that differently. If my church asked if I'd take a picture of their new steeple or if I offered to take the picture for their website I'd need a 107 certificate. The same for any non-hobby/recreational use.

 

[Fly Dawg]

I'd probably word that differently. If my church asked if I'd take a picture of their new steeple or if I offered to take the picture for their website I'd need a 107 certificate.

Non-Profit organization, and if you are a church member and made no profit from the images, its perfectly fine.

 

[sar104]

Non-Profit organization, and if you are a church member and made no profit from the images, its perfectly fine.

That might not attract any issues but, technically, and even though the FAA themselves used the word "commercial" in some of their material, they also went to some lengths to state that it is actually a question of whether the flight itself counts as recreational flying, not whether any profit is made from it. So any other specific purpose for the flight does, at least potentially, jeopardize the hobby status, not that I can see them pursuing the kind of example mentioned above.

 

[Fly Dawg]

not that I can see them pursuing the kind of example mentioned above.

That was my point. In that example it would never be questioned in my mind.

 

[Richard R]

That was my point. In that example it would never be questioned in my mind.

No, it's would be a Part 107 operation. The likelihood of getting 'caught' may be small to non-existent, but at doesn't change the nature of the flight.

 

[JamesJB]

Man all this seems so confusing lol.
I'll learn it all eventually lol.
I have a bad habit of following the rules and asking a lot of questions So if any questions sound dumb I apologize in advance,I rather be safe than sorry.

 

[BigAl07]

Non-Profit organization, and if you are a church member and made no profit from the images, its perfectly fine.

Sorry but this is very much incorrect. If you're not flying for you (in any capacity) then you're well outside of hobby/recreational. I'm not going to split hairs but basically any time someone "asks you to do something" it's not hobby/recreational.

The FAA has made it very clear that Part 107 is more than "just" commercial operations. Here's a quote that I've cited many times and I think it fits here perfectly:

CIVIL vs Hoobbyist (Part 107 vs 101)
Ok I got some clarification. It seems some of the problem stems from our own misunderstanding of the regs and how they were intended. Part 107 does not mean strictly "Commercial Operations" even though everyone (even the FAA) associates Part 107 with Commercial Use. It's even noted as the "Commercial UAS Rules" by the FAA. Commercial Operations are but one portion of what Part 107 encompasses.

Part 107 technically "allows" for "civil" UAS operations. Part of that "civil" operation can certainly be commercial operations but doesn't exclude other flights that are not "Commercial". Therefore, if you are not in compliance with Part 101 and you're not on an Exemption or Public Use COA, you are operating as a civil UAS and Part 107 applies.

Here is a direct quote from him:

"Think of it this way: Everyone is a civil UAS operator, subject to Part 107 (Public Use excluded). Now, Congress mandated that certain operators be left alone (not subject to Part 107) if they are operating as a hobbyist and codified law to describe what a hobbyist operation must adhere to. The FAA took that law and regurgitated it into Part 101. So, if you're going to claim that you are NOT flying under Part 107, you must follow all of Part 101, or else you revert back to Part 107 regulations."
Non-Profit Use

 

[sar104]

Man all this seems so confusing lol.
I'll learn it all eventually lol.
I have a bad habit of following the rules and asking a lot of questions So if any questions sound dumb I apologize in advance,I rather be safe than sorry.

The rules themselves are not that confusing, but the implementation and enforcement are unneccesarily vague - possibly deliberately so.

The FAA, having been forbidden from making any rules affecting model aircraft operations, then sought to define model aircraft flying as restrictively as possible. In their Interpretation of the Special Rule for Model Aircraft, they spent significant time explaining hobby use, starting with the definition as a "pursuit outside one's regular occupation engaged in especially for relaxation". They go on to say:

"Any operation not conducted strictly for hobby or recreation purposes could not be operated under the special rule for model aircraft. Clearly, commercial operations would not be hobby or recreation flights. Likewise, flights that are in furtherance of a business, or incidental to a person’s business, would not be a hobby or recreation flight."​

They also drew a parallel with the sport and recreational pilot certificate restrictions in 14 CFR 61.

So commercial use (for profit) is, as they say, clearly not allowed under the special rule, but nor is any use that is in support of, or furthering, a business, or not simply not being done for recreation.

In practice, I suspect, if you are not getting paid and not clearly supporting a business (yours or not), then the likelihood of being pursued by the FAA may be low. But, as a caveat, note that they have warned volunteer search and rescue operators that they cannot operate under the special rule, even though they are not getting paid or furthering a business in any sense.

 

[Fly Dawg]

Sorry but this is very much incorrect. If you're not flying for you (in any capacity) then you're well outside of hobby/recreational. I'm not going to split hairs but basically any time someone "asks you to do something" it's not hobby/recreational.

You are correct in correcting the statement I made. In the instance mentioned in #5 above, that would be correct. My thinking at the time I posted was "Not being asked". In example, you go back to your church one afternoon and fly ( with specific permission to do so) for fun, just to get a few shots of the church and surrounding area's for your own use. At a later date, you offer some nice shots to the church, if they would like them, free and clear of any charge whatsoever. The church may use them as they see fit. In this example, the "Flight" would have no relation to Part 107. And yes, I realize that this may be splitting hairs, but no one has "asked" you for anything. Would you agree with that statement? That was what I intended to relate to, but my wording wasn't clear.

 

[BigAl07]

You are correct in correcting the statement I made. In the instance mentioned in #5 above, that would be correct. My thinking at the time I posted was "Not being asked". In example, you go back to your church one afternoon and fly ( with specific permission to do so) for fun, just to get a few shots of the church and surrounding area's for your own use. At a later date, you offer some nice shots to the church, if they would like them, free and clear of any charge whatsoever. The church may use them as they see fit. In this example, the "Flight" would have no relation to Part 107. And yes, I realize that this may be splitting hairs, but no one has "asked" you for anything. Would you agree with that statement? That was what I intended to relate to, but my wording wasn't clear.

I completely agree. Intent of the flight determines the "classification" of the flight. Images/video taken during a hobby flight can be later given (or even sold) to a 3rd party. Now if this happens over and over again the FAA may want to ask you a few questions about your intent but the odds of that ever really happening are rare and they will "Educate" you long before persecution.

 

[Jeiel Shamblee]

Can you get in trouble? Yes. Will you? Probably not. Why not get the certification though? Maybe you can fly for someone and ask them to sponsor your certification in exchange for media? $150 isn't a lot to ask IMO.

 

[Corey pierce]

Can you get in trouble? Yes. Will you? Probably not. Why not get the certification though? Maybe you can fly for someone and ask them to sponsor your certification in exchange for media? $150 isn't a lot to ask IMO.

since when is certification $150? i got it free within an hour or 2?

 

[sar104]

since when is certification $150? i got it free within an hour or 2?

He's talking about Part 107. Whatever you got was not Part 107 certification - i.e. a Remote Pilot certificate. Part 107 requires you to show up at an FAA-approved testing center and take the Part 107 exam, which costs $150. Plus tax.

 

[Corey pierce]

He's talking about Part 107. Whatever you got was not Part 107 certification - i.e. a Remote Pilot certificate. Part 107 requires you to show up at an FAA-approved testing center and take the Part 107 exam, which costs $150. Plus tax.

oh really? this dude with his snarky [EXPLETIVE REMOVED] coments should be booted.

 

[sar104]

oh really? this dude with his snarky *** coments should be booted.

That is not a Part 107 certification. Are you trolling here, or really that ignorant?

 

[pe9999]

Non-Profit organization, and if you are a church member and made no profit from the images, its perfectly fine.

Financial gain/loss is not part of equation. When a non-profit organization uses your drone photo in their publication, that is a commerical operation.