Where does this fit in with drone laws?

3rdof5 · Apr 11, 2019

Hi all. I've just been offered a safety related position within the company I work for. This position often requires photography as evidence (transportation industry so wreck scenes, as well as site evaluations etc). Would I need any special license to use my personal P3P to aid in this? I'm in Canada and not an advanced pilot, I'm strictly a hobby pilot. Would any photography with my drone be illegal in situations like that?

Meta4 · Apr 11, 2019

3rdof5 said:
Would any photography with my drone be illegal in situations like that?

Start here: Getting permission to fly your drone (current rules) - Transport Canada

3rdof5 · Apr 11, 2019

Thanks @Meta4 I'm aware of the current Canadian rules but none seem to specify what is allowed for personal "work" use. There's hobby rules and commercial rules for profit. I'm more curious as to what's the difference between using a phone camera vs a drone camera for evidence on a crash scene or site evaluation for safety reasons. Having aerial photography is not a requirement of the job but it would definitely help. If i use my personal aircraft to assist in my job at no extra charge in any way am I breaking any laws?

2edgesword · Apr 11, 2019

3rdof5 said:
Thanks @Meta4 I'm aware of the current Canadian rules but none seem to specify what is allowed for personal "work" use. There's hobby rules and commercial rules for profit. I'm more curious as to what's the difference between using a phone camera vs a drone camera for evidence on a crash scene or site evaluation for safety reasons. Having aerial photography is not a requirement of the job but it would definitely help. If i use my personal aircraft to assist in my job at no extra charge in any way am I breaking any laws?

I think this comes under the heading of a commercial use of a drone. You can call it "personal" but you are doing it in the performance of work that you are being paid for so I don't think you get around the commercial application by calling it "personal".

I'm not a lawyer but that would be my understanding.

3rdof5 · Apr 11, 2019

2edgesword said:
I think this comes under the heading of a commercial use of a drone. You can call it "personal" but you are doing it in the performance of work that you are being paid for so I don't think you get around the commercial application by calling it "personal".

I'm not a lawyer but that would be my understanding.

That seems logical. I'd have to agree.

jack1144 · Apr 11, 2019

3rdof5 said:
Hi all. I've just been offered a safety related position within the company I work for. This position often requires photography as evidence (transportation industry so wreck scenes, as well as site evaluations etc). Would I need any special license to use my personal P3P to aid in this? I'm in Canada and not an advanced pilot, I'm strictly a hobby pilot. Would any photography with my drone be illegal in situations like that?

That is considered commercial use.
Even if you don't receive money from flights , it's still commercial flight.
3/4 way down the page Meta4 sent the link
"If you fly your drone for work or research, or if it weighs over 35 kilograms, you must get a Special Flight Operations Certificate. "
From now until June 2019 you would require a Liability Insurance, UAV pilot certificate, and box load of paper work and a SFOC which may take longer than June to receive.
After June there is no distinction between Commercial and Hobby flights.
Here is that link Flying your drone safely and legally (new rules) - Transport Canada

3rdof5 · Apr 11, 2019

jack1144 said:
That is considered commercial use.
Even if you don't receive money from flights , it's still commercial flight.
3/4 way down the page Meta4 sent the link
"If you fly your drone for work or research, or if it weighs over 35 kilograms, you must get a Special Flight Operations Certificate. "
From now until June 2019 you would require a Liability Insurance, UAV pilot certificate, and box load of paper work and a SFOC which may take longer than June to receive.
After June there is no distinction between Commercial and Hobby flights.
Here is that link Flying your drone safely and legally (new rules) - Transport Canada

Thanks. Yes I've visited that link many times. Was just interested in clarification on if I could do this without any special permissions. It seemed to be kind of grey area since I could basically accomplish the same task with my phone camera without any permissions at all. A pic is a pic, or so i thought. Guess the bird wont be helping me at work lol

BigAl07 · Apr 12, 2019

Here's one way to put it:

You can't Hobby/Recreate for someone or something else. If it isn't purely hobby/recreational it most likely falls into Commercial. In the US it's called Civil Use and commercial is just one example of Civil Use.

3rdof5 · Apr 12, 2019

Thanks everyone. That clears that up

Earthman · Apr 12, 2019

3rdof5 said:
A pic is a pic,

“A pic is a pic,” unless it’s taken with a flying camera; i.e,. a drone that could hurt someone/thing and needs to be regulated.

Otherwise, it’s just a thought, but since there are situations where it’s not practical to fly a drone, I’ve been thinking of attaching a remotely controlled camera and gimbal to a 40-ft telescopic pole to facilitate getting photos and videos that such a rig might allow. I’ve done this without the gimbal to inspect the gutters on my home. The technology is available at reasonable cost. Could this work for you?

3rdof5 · Apr 12, 2019

Earthman said:
“A pic is a pic,” unless it’s taken with a flying camera; i.e,. a drone that could hurt someone/thing and needs to be regulated.

Otherwise, it’s just a thought, but since there are situations where it’s not practical to fly a drone, I’ve been thinking of attaching a remotely controlled camera and gimbal to a 40-ft telescopic pole to facilitate getting photos and videos that such a rig might allow. I’ve done this without the gimbal to inspect the gutters on my home. The technology is available at reasonable cost. Could this work for you?

Thanks for the suggestion but I really have no need for photography from above per se in this line of work. An aerial view definitely gives a fresh perspective but its not needed.

mdowney58 · Apr 12, 2019

3rdof5 said:
......... since I could basically accomplish the same task with my phone camera without any permissions at all. A pic is a pic, or so i thought.

The difference is that your cell phone, or any handheld camera for that matter, is not being flown in the national airspace.

jebpbc96 · Apr 13, 2019

3rdof5 said:
Would I need any special license to use my personal P3P to aid in this? I'm in Canada...."

Dear 3rdof5,

As 'Jack1134' pointed out correctly, anyone flying a UAV/RPAS in Canadian Airspace between now and 01 June this year for commercial purposes must necessarily be certified with a Special Flight Operations Certificate (SFOC) issued by Transport Canada (TC). Also as Jack1134 pointed out--as the owner and chief pilot of a commercial UAV/RPAS business in Western Canada I can attest to this fact personally--there is most definitely a 'boat load' of paperwork involved in submitting a SFOC application.

Given the close proximity in time of the 01 June change in RPAS regulations, there's little chance of you successfully preparing and submitting a SFOC application to fly a site evaluation on behalf of your employer before the new RPAS laws come into effect. In the meantime, if you believe that the UAV-related work your company is offering to send your way will prove profitable in the long run, my advice is that you purchase either a DJI Phantom 4 or Mavic series aircraft. Why? Because TC's recently publicized 'Approved Advanced Operations RPAS' list of DJI aircraft does NOT include the P3 Professional.

That's not to say your P3 Pro will be completely useless as a commercial, money-making aircraft after 01 June. Since the new regulations eliminate the distinction between 'hobby' and 'commercial' UAV operations you'll be able to take photos' and videos with your P3 Pro for payment whilst operating in non built-up areas without any special permission as long as you're in possession of a Basic RPAS Operator's License and obey the long-standing TC rules governing how and where to fly your aircraft in relation to aerodromes/airports/heliports, etc. But even if you possess an Advanced RPAS Operator's License you won't be allowed to fly your P3 Pro commercially in any built-up area or urban environment with or without a Special Flight Operations Certificate -- period.

On the matter of DJI's Phantom 3 Professional UAV, I presently own and operate two such aircraft commercially. They're great flyers, and extremely reliable--more so than my two, expensive Inspire 1 V2.0 aircraft and my P4 Pro machines. After 01 June I'll continue to utilize my P3 Professional aircraft for rural jobs (farm holdings, acreages, etc.), but even with my Advanced Pilot rating in-hand, after 31 May I won't take them out of their Nanuk cases within sight of a hamlet, town, or village.

If you haven't done so already, visit TC's "How to fly your drone safely" 'web site (references to which have already been made by other respondents to your initial post) and (1) register your P3 Pro, then determine to study for and pass the 'Basic' RPAS Operator's License online examination. Note: there are several well-made Canadian YouTube videos on the "How to..." aspect of studying for that particular examination, which passing grade is 60%--a most achievable goal.

Whichever way you decide to go, good fortune in your future RPAS ventures, business-wise or otherwise.

Cheers,

James

TAG-DRONES · Apr 16, 2019

I fly in the US, but apparently, drone laws are being updated in Canada as of June 2019. Here's a link to the overview. Hope this helps you answer your question.