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Commercial use issues

Discussion in 'Inspire 1 Discussion' started by OakHillPhotography, Jun 11, 2015.

  1. OakHillPhotography

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    Hello all,

    I have seen several commercial posts here so I thought I could get some good feedback. Currently, my understanding is that the FAA prohibits the use of drones for commercial use unless you have been given a 333 exemption, and in order to qualify you must be a licensed pilot and even then you must still have a qualified observer during flight.

    There are some states that have some taken some initiative, like mine (nc), and put forth bills into law allowing the use of drones for commercial use, but wouldn't you still be operating illegally according to the FAA?

    A local resource told me I would be even though I believe I would not be.

    I would like to know because I have patiently waited to add drone photography to my services while amateurs in my area are making a business with it illegally(?). As a professional and an inspire pilot I always make it a priority to follow all safety and laws, but I'm getting frustrated. I am tired of turning down business.

    For those of you that have flown for commercial reasons, what is your interpretation of the current laws and regulations, and have you had any negative response from the FAA for your operation?

    Thanks a bunch
     
  2. msinger

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    49 USCĀ§ 44711 requires that you have the appropriate airman certificate when flying commercially. I'm pretty sure your state is not going to be able to override that US law. The FAA issues (and revokes) airman certificates, so you're probably going to have to follow their rules too.
     
  3. OakHillPhotography

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    That's close to how I understood it, which would mean no one in the entire United states could fly commercially unless given an exception by the FAA, which Seems to be very exclusive.

    So what do we do regarding all of these illegal operations while business gets stolen from us law abiding citizens? It seems like while it is technically illegal no one really cares. Websites for drone services are all over the place openly advertising their business.
     
  4. ajohnsonlaird

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    To the best of my knowledge msinger is right. The FAA governs the National Airspace System (NAS) not the individual States -- and the NAS goes from the surface to Flight Level 600 (60,000 feet).

    As to your question regarding what you do regarding illegal operations, based on my understanding, I'm afraid that it appears that there is not much you can do, other than to "encourage" the FAA to expedite the issuance of Final Rules based on the most recently published Notice of Proposed Rule Making (NPRM) that the Administrative Procedure Act of 1946 requires them to publish.

    The FAA appears not to have the funding to go after illegal UAS operators unless a complaint is filed -- so perhaps it's not so much that "nobody cares" but "nobody has the funding to do anything about it."

    I suspect this might all get more rational when the illegal operators have accidents and get sued to a standstill and discover that insurance companies are, ummm, "less than enthusiastic" about insuring operators who fly in contravention of current law.

    Andy.
     
  5. Carlsberg

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    So you didn't start this thread to get "feedback"
    you started this thread to "whine"
    "business gets stolen from us"
    (maybe have better "pricing" and business won't get "stolen" from you)
     
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  6. IrishSights

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    For something to be stolen from you, you have to own it first. Unless you have your FAA permissions you cant even come close to owning anything. In the business world you also dont own the right to business, you have to sell your benefits to a potential client, and its not just price. I must admit it sounds like a bit of a whine even though there is a sense of injustice in what you say.

    There will always be cowboys (no offence to real cowboys!). We have to live with them. The clients that use cowboys you dont really want anyway.
     
  7. OakHillPhotography

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    While I may be frustrated I started the thread to get a better interpretation of the current laws by the FAA. As you may have misunderstood, I am turning down business because I feel it is illegal, not because I'm not getting paid enough. I have been offered some nice change for projects that I have asked my clients to be patient for. While I own and operate an inspire I have not yet used it for a single commercial purpose.

    But you are right, business that I turn down doesn't make it my business, therefore it can't get 'stolen' from me.

    At any rate, my original question has been answered. Despite what your state says it is indeed illegal to operate UAVs for commercial purposes and should someone file a complaint, you're looking at a $10,000 fine or more depending on the circumstances.
     
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  8. Frank508

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    In the long run the amount of work anyone is going to get will be dependent upon the quality of the product they turn out. I bought my Inspire because it is a really cool RC Quad. Now that I have it, I realize that it is really a flying camera, and I have little knowledge of photography, so I turn out useless photos and video. Also, with no post-production skills, my poor photography stays poor. So no matter what a guy like me does, I would be no competition for a skilled and talented operator. (Not complaining BTW, happy with my I2, and happy to have a new hobby that I will eventually learn - especially if I keep watching all the great work a lot of the guys here create.) But a guy that knows what he is doing will crush the armatures in the business.
     
  9. Carlsberg

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    Yes, I must have misunderstood?

    Please stop saying illegal, (there are no LAWS yet in the USA, so it CANNOT be ILLEGAL).
    I will Paypal you $1000 right now if you can provide a link to an actual LAW regarding your statement.
     
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  10. OakHillPhotography

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    I was trying to meet you half way and admit some faults of my own but if you really want to send me $1000...

    Here is the source direct from the FAA.

    https://www.faa.gov/uas/legislative_programs/section_333/

    For a third party source, that explains section 333 in regards to how UAV's, while not directly named in section 333, are absolutely and unarguably included in section 333 as aircraft and have been considered so since 2014, you can read here:

    http://motherboard.vice.com/read/faa-can-make-all-drone-flights-illegal-appeals-court-rules

    While I highly doubt you will pay me the $1000 dollars on the account that you would rather argue semantics until your dying day and while I can't believe I am actually wasting my time with you, yes, it is indeed illegal, by law, to operate a UAV for commercial purposes unless you have an exclusive exemption, as I said in my original post, which was my basis for using the word "illegal", which is what you asked me to support.

    I will PM you my paypal although I don't expect you to follow through with your statement or accept that you were wrong. But, if you have so much money to throw around it won't be an issue for you to send it anyway to prove a point. I for one could use the $1000 and am not afraid to admit it.
     
  11. OakHillPhotography

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    I had a request from Carlsberg asking me, "So where is the law?". If the above post wasn't somehow enough, here is the actual document outlining these laws. (Which was included inside the first link anyway)

    https://www.faa.gov/uas/media/Sec_331_336_UAS.pdf

    You can lead a horse to water but you can't make it drink.
     
  12. Carlsberg

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    That is NOT a Law - lol
    So you pay me $1000 now? :)
     
  13. Outta Control

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    Just to play devil's advocate, because I can, could you explain in your interpretation about the FAA memo released in May 5, 2015 in regards to Citizen Journalist can gain a monetary profit from a news agency that possess a 333 Exemption?
     
  14. OakHillPhotography

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    Carl do you know what a section is?

    The general and permanant laws of the United States are organized in codes and codes are further organized into sections. I showed you section 333, part of the law in the United States.

    I can't go any further than the end.
     
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  15. OakHillPhotography

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  16. OakHillPhotography

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    Love you carl just having some fun.
     
  17. CaptainBadge

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    Promise?
     
  18. Carlsberg

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    Hey there Captain, how about you posting up some USA Drone LAWS, (not suggested voluntary "Rules") since you are ready to talk "smack" on the internet. lol

    Carl
     
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  19. Outta Control

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  20. Drone Mastery

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    Yep Captainbadge is the undercover troll that has nothing else to do then troll. Find something constructive to say instead of instigating a situation captin we are all pilots here....