Questions for those that know...
If I want to charge a farmer to take aerial photo shots of his crop, is it a written law in the books that I must have a license? If so what is the actual statute? Or is it a guidline?

I've had a couple farmers wanting me to take pictures of their crops and I just wanted something that would cover the diesel fuel. Not trying to even make anything really.

No one has an idea or can respond?

All I can tell you is that as far as I know, the FAA has not taken anyone to court for charging to shoot from a UAV. (Raphael Pirker was accused of unsafe flying.)  The SkyPan lawsuit is multiheaded and is somewhat retaliation against SkyPan's lawsuit against the FAA for not having a licensing structure.

http://motherboard.vice.com/read/a-drone-company-sued-the-faa-and-now-the-faa-is-fining-it-19-million

But I have not been able to find actual laws written with the statute number(s). Thanks for the input and I'll look it over. Thanks much!

Mowog2 Posted at 2015-11-5 17:22
Don't charge for the photo's Charge a call out fee.

It really doesn't matter what you call it or how you get paid. If the usage is commercial it is a commercial activity. I doubt very much that anyone will look at some images done for a farmer and come after you.  If you don't advertise there is virtually no chance you'll have an issue working on private property where nobody can see you.

As mowog2 stated, slyly, it is quite shaded on how you can charge for this service without having a 333 exemption.  Is there a law that REQUIRES you to have a 333 exemption? Not really, but there is a FAA "RULE" that does.  Basically the rule states that you must have an exemption to commercialize drone flights.  That could mean imagery, it could mean delivery, it could mean a host of things, but the real deal is the word commercialize.  This definition can be a little liquid but basically, if you make money doing it, its commercialized.  So, no law that I know of, yes there is a rule, yes people HAVE been fined, they have appealed the fines, and that I know of all fines are either still in appeals or have been waived.  I do not know of a finalized case that a fine went through and the person actually paid it.  That being said, why not get your 333 if you plan to continue doing this?  Its not difficult at all, just do some lite research online and find someone who got their 333 accepted, google mine if you want and copy it!  I give you complete permission!  I would not and did not risk this type of activity before getting my 333, just not worth it to be listed as the guy who tries to skirt the rules and is later punished for it.  Just my 2 cents of course!

Brad

*none of this is legal advice and should not be taken as such!*

I'll look into it. But the reason the courts have waived or still pending is that there is no law in effect. Rules sure but it all comes down to law. I don't plan on making a living but have had a couple farmers wanting me to take photos of their crops for ag purposes to allow them to see how things are going from the air. If getting a 333 places a bullseye on my back I wouldn't want that either.

@ Brad how long did it take you to get the 333? Does that also cover employee's too that work under you? Or just the pilot? I ask because FAA has rules but what does it cover. Thanks for the input. Our country is going down the tubes. We have more laws than several countries combined and we think Russia, China are communist?

Are you in the usa? Currently zero laws regarding commercial uav usage. If you fly in an unsafe manner recklessly endangering someone's life they might come after you, but if you fly safely there is legally nothing they can do at this point.  A 333 exemption is not legally required for commercial uav use. They are still working on uav specific laws and should be implementing them soon but to date other then a few local city ordinances and a ban I using them in national parks there are zero actual enforceable laws on the books regarding uav usage for commercial or otherwise.

Sir Shepherd Posted at 2015-11-6 10:48
I'll look into it. But the reason the courts have waived or still pending is that there is no law in ...

I agree you definitely don't want a bullseye on your back but you do want to be compliant (from what I gather in this thread).  sultangris01 is right, there is no law, and if you approach it from that aspect and just do it thinking that there is no way you can get in trouble I would point you to the example of taxation.  There are tons of taxes that are not 'law' but they are still enforced, and if you do not pay them, you can get in some serious trouble, even years down the line.  I don't say this to be fear mongering, just saying that you need to make sure you are aware of whats going on before pulling the trigger.

It took me about 3.5 months to get my 333, and it covers my business.  I applied under the name of my business and therefor my business holds the 333, not me personally.  I started a business for this exact purpose (its super cheap, and better tax strategy anyways!)

I think the most annoying thing about getting my 333 is the amount of junk mail and emails that pour in after it is approved by vendors and people marketing to this new industry, I must get at least one call a week and 2 emails a day from drone vendors and marketing teams!

Brad

Thank you I appreciate the input. I'm retired and not wanting to start a new business. Just had a couple farmers wanting me to take some shots of their crop. I can do it for free right? And not charge a single dime. America the home of the brave, the home of the free. Really? Brave part right on! But free?