A major concern with sUAS is what does the FAA consider "Commercial Use".

Here is a comment from a law firm:

" The FAA has consistently defined commercial operation in terms of whether the operator receives direct or indirect payment for the operation. It is not necessary that the operation be conducted for profit or even that there be any intent or ability to make a profit. The compensation is not just limited to monetary payments but includes anything of value. This broad definition of compensation has been affirmed and adopted by both the NTSB and the federal courts. Administrator v. Roundtree, 2 NTSB 1712 (1975); Administrator v. Mims, NTSB Order No. EA-3284, review denied 988 F.2d 1380; Consolidated Flower Shipments, Inc., Bay Area, 16 C.A.B. 804 (1953), aff'd. 213 F.2d 814 (2nd Cir. 1954)."

 

This definition applies to sUAS.

Views: 475

Comment by Darren on June 3, 2011 at 6:10pm
So a model company that is testing its newest design, is a commercial use???
Comment by Greg Fletcher on June 3, 2011 at 6:34pm
I guess I am very guilty of operating an illegal commercial aviation operation. When times were better in the 80's and 90's and I could afford to own/operate a 4 seat private plane, I used to take friends on trips and we would split the fuel costs or they would buy me lunch since I took them for a lunch/ride. I am sooo guilty. Come and get me :(
Comment by Russell B. Sutton on June 3, 2011 at 6:39pm
Yep,  Pretty much if your not just out for a private personal fun fly it's commercial.  It's all about how u word it.  " Oh i was just playing around with my little toy quadcopter and it crashed"    NOT " I was using this quadcopter to take pictures for work and I crashed into your Sports car."    DUH!  Hello  FYI Just a little tip.  next time u crash.
Comment by mquintilian on June 3, 2011 at 7:38pm

Wait a minute..Is getting good grades a commercial use?

 

 

Comment by Duane Brocious on June 3, 2011 at 7:48pm

" I used to take friends on trips and we would split the fuel costs or they would buy me lunch since I took them for a lunch/ride"

Can't find the link right now, but this was an example on an FAA FAQ. As long as your friends paid their share it is not commercial use.

Comment by Duane Brocious on June 3, 2011 at 7:54pm

See the other blog on the Hollywood clampdown on use of sUAS in film.

Yes, it is going to get weird, esp. for hobbyists. Even public sUAS have limitations to prevent them being used commercialy. New laws are being made to allow public sUAS for emergeny commercial use. For example a military sUAS used for search and rescue will be able to seek reimbursement from municipalities and private enterprises under new rules.

Comment by Duane Brocious on June 3, 2011 at 8:04pm

"So a model company that is testing its newest design, is a commercial use???"

 

I am not sure on this. Do manufacturers of other recreational aircraft get their prototypes classified as?

I am fairly certain (my memory is hazy) but I think the military protptypes I worked on were considered commercial aircraft. It was not until the Govt gave us a contract that the production aircraft were public aircraft.

Comment by T.D. Gonzales on June 4, 2011 at 7:43am
So can this website fly and test it's components during development? It seems like any test flights to test the APM could be considered commercial when those components are sold to us. Just to be clear I'm not meaning to kick up any trouble for this site.

This is such a broad definition of what is commercial my mind is blown.
Comment by Duane Brocious on June 4, 2011 at 8:22am

Technically, companies can not do so outdoors (unless it is an educational 501c3 NPO).

Indoor flight is not under FAA control though.

The FAA is not running around tracking down people (just like the FCC).

Rest assured that if anything bad happens the NTSB and the FAA will nail you to a cross.

Also, if you have any enemies (or neighbors) that want to make a case against you, you will be giving them lots of ammunition. 

Comment by Jeb Bailey on June 4, 2011 at 8:31am
The FAA has lots of "CYA" clauses.

For instance, FAR 91.13 states "No person may operate an aircraft in a careless or reckless manner so as to endanger the life or property of another." This can cover pretty much any situation where someone gets hurt, or something gets broken.

The real purpose behind these broad rules is to have something to plug ALL the loopholes in the event of an incident.

And Duane is right, if your friends can pay their share of a flight. They just can't pay your share too.

@T.D. - It would seem to me that any money being made off APM is only made on hardware developed as part of a hobby.  The flights themselves are not made to improve a product, but rather as an integral part of the hobby.

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