Please see this warning from the Los Angeles Police Department, sent to the California Association of Realtors. Discussion on helifreak here. More background and discussion here. I'll be talking to the NYT about this tomorrow.
Short form: Amateur UAV use within the usual FAA guidelines (under 400ft, within visual line-of-sight, away from built-up-areas) is allowed, as always. But commercial use requires a COA, which you're not going to get. So there's nothing new here, but it's a reminder that the guidelines will be enforced.
LAPD Warning Against Hiring Unmanned Aircraft Operators for Aerial Photos
Los Angeles authorities have asked C.A.R. to communicate this warning to REALTORS® who hire unmanned aircraft operators to take aerial photographs for marketing high-end properties. Using these devices (also known as drones) for flight in the air with no onboard pilot may violate, among other things, the Federal Aviation Administration's (FAA) policy on unmanned aircrafts, and Los Angeles's local ordinance requiring permits for filming commercial motion pictures and still photographs.
The Los Angeles Police Department's (LAPD) investigation has apparently revealed that aerial photos where unmanned aircraft were observed have appeared on certain real estate sales websites. According to FilmL.A., the LAPD Air Division has issued this warning as it intends to prosecute violators in the near future. FilmL.A. is a public benefit company created by the City and County of Los Angeles to manage film permit activity and related issues.
Under the Federal Aviation Administration (FAA)'s current policy, no one can operate an unmanned aircraft in the National Airspace System without specific authority. Operators who wish to fly an unmanned aircraft for civil use must obtain an FAA experimental airworthiness certificate, which will not be issued to an unmanned aircraft used for compensation or hire. Although the FAA allows hobbyists to fly model airplanes for recreational purposes under specific guidelines, that authority does not extend to operators flying unmanned aircraft for business purposes. More information is available from the U.S. Department of Transportation’s Notice on Unmanned Aircraft Operations and the FAA's policy.
Comments
Stoked! I just got through on the NPR discussion about drones. I made a point about invasion of privacy laws and how someone could just as easily put a camera on a stick to invade someones privacy as on an r/c helicopter. my point was that if someone wants to invade your privacy they will one way or another. I thought it went well.
The government (FAA) controls all airspace. The governement is comprised of "We the People". Therefore, all airspace over the U.S. is my area.
But I am always open to learning new things. Maybe I should embrace your ideals. Why should I need to pay the governement to register my automobiles or maintain a drivers license? And what business is it of the mortgage company if I have insurance or not? And who came up with this Income Tax program? Arrrrgh...I wasted too much time and money to acquire my HAM license so I can legally use video transmitters on my aircraft! But I will learn from you, Kernal Panic, oh wise one. And I will save so much time and money because of you. And who cares if this affects others because this is MY life and I know best what's good for me...right? "It's all legal unless you get caught" is what I am learning from you. I am going to be such a great role model for my kids and grandkids. Thanks Kernal Panic.
On second thought, I am going to stick with what I said in the first paragraph.
Well said, Gary. There are many voices here from the Me Generation. Most of the irrisponsible complainers ask "Why can't I do what I want" where the RCAPA and other team oriented players ask "Why can't WE work together to develop a solution for everyone".
When the rules finally drop and I am at a level where I can take the steps to legally take aerial photos to make a little "beer and ammo" money, I am pretty certain that I will be aware of any and all competitors in my area. And why would I want someone else flying in my area who has not received the proper authorization to do business? Not only are they an illigitimate competitor they are a poor reflection on the community.
It will be easy to find any competitors by either doing a web search for "aerial photography" or just browse the local Real Estate websites and see who is displaying aerial photos. From there it should be easy enough to identify the law breakers and/or communicate with the customers to inform them of the laws and consequences.
FYI, I operate out of Reno, NV. and would love zip down to Las Vegas for a few days at a time and pick up some legit work.
I WAS BORN AND RASIED IN VEGAS !!! Lived there 48 yrs till I moved to St. George, Utah. The 8 grand is for the 10 min dance. after that she is off the clock and anything that happens is in a non professional manner.....
i wonder what constitutes commercial use … If some one calls me and I show up for free shoot the pic's desired for free leave the site and go home …. then they pick out the photos they want and I give them to them for free ….. but I charge them 8,000.00 for the thumb drive the pictures are on……
Gary This all this sounds logical. For those who are not aware of RCAPA can you tell us a little more about how we can make a contribution to this effort.
Deep sigh, if you were really worried about it you would help the chaps at RCAPA, yes there are lots of members here but DIYD was not at the table at the first round of talks, nor the secret second round. It will take a unified effort with letters going to the right places to get heard. RCAPA having been at the first round already has a foot in the door. Its free, what more could you want!
Rather than selling pictures, why not write a manual and setup a training centre. That's where the money is going to be.
Do nothing and you will end up with regulations that you don't like. Plenty of people have got into trouble. But yes 9 times out of 10 who will ever know.
Once the laws are clearly defined every insurance company will know exactly how to get out of paying for Mrs Miggins greenhouse repair.
She will then come for you.
Those that do comply and attain licences when it all settles down will be only too happy to report you to authorities armed with legislation to prosecute you.
If this is all news to you, then you did not do enough research before deciding to go into business.
Well here's a little more clarification from AvWeb Aviation News:
http://www.avweb.com/avwebflash/news/FAA_Cracking_Down_UAS_206105-1...