Making Money with your Phantom
2626 17 2015-3-8
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rrbcap
lvl.2

United States
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Hello All,

I was thinking about making a few bucks from doing aerial photography but stumbled across something that says I need permission from the FAA in order to do this??  Does anyone have any experience with this or other articles that prove this to be a fact.  Here is a link taken directly from the FAA website.

https://www.faa.gov/uas/model_aircraft/

Here is the section I'm concerned about.
" Individuals who fly within the scope of these parameters do not require permission to operate their UAS; any flight outside these parameters (including any non-hobby, non-recreational operation) requires FAA authorization. For example, using a UAS to take photos for your personal use is recreational; using the same device to take photographs or videos for compensation or sale to another individual would be considered a non-recreational operation."


According to that statement I need FAA Authorization.  I guess my Phantom will be getting a tail number
Thanks,
Ryan
2015-3-8
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oakspi
lvl.4

United States
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You got me thinking about that issue.  Unless the FAA was there when you shot your video, how would they know if it was a drone, full size aircraft or whatever?
2015-3-8
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rrbcap
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United States
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oakspi Posted at 2015-3-9 09:28
You got me thinking about that issue.  Unless the FAA was there when you shot your video, how would  ...

I guess if you crashed and injured a person, or property, THEN you may be in trouble.  Looking into getting FAA Authorization...Looks like a PITA.
2015-3-8
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mike
First Officer
Flight distance : 228255 ft
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rrbcap, the FAA is telling people they must get an exemption to fly a Phantom for commercial purposes. Here's what they want you to do:

http://www.faa.gov/uas/legislati ... _to_file_a_petition

This process is very lengthy -- and, it involves completing a lot of forms. Plan for at least 4 months before you obtain approval. Also, you'll need to have a private pilot license.

Again, this is what the FAA is telling people to do. Many people are out there making money with their Phantom without an exemption. A lot of those same people believe the FAA has no say over what they do with their Phantom.

Here's another interesting link from the FAA's website:
http://www.faa.gov/news/updates/?newsId=76240
2015-3-8
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rrbcap
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United States
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mike@singerscre Posted at 2015-3-9 11:06
rrbcap, the FAA is telling people they must get an exemption to fly a Phantom for commercial purpose ...

That is just stupid!  I've been in the aviation business for 10+ years.  In order to obtain a pilot license you need a medical cert as well.  I mean you never know.  I might die of a stroke behind the remote control of my drone.  Sounds like a bunch of BS to me.  I think I'll pass FAA.
2015-3-8
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mike
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The FAA is in the process of putting together new rules for small UAVs that do not require a private pilot license and medical certificate. Some say it could be a year+ until they are approved though.
2015-3-8
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rrbcap
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United States
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mike@singerscre Posted at 2015-3-9 11:06
rrbcap, the FAA is telling people they must get an exemption to fly a Phantom for commercial purpose ...

BTW, beyond my p1ssy attitude, I appreciate your response and knowledge.
2015-3-8
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mike
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No problem. I know it's super frustrating. And, it's even more frustrating depending on who your potential clients are. Some have been told not to use aerial photography from UAVs.

http://www.realtor.org/articles/ ... ned-aerial-vehicles
2015-3-8
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gnixon2015
lvl.4

United States
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i agree it is frustrating and sounds like a bunch of bs.  i also see the other side which is if they didnt have a strong position, the money hungry aspects of most people would (or could) cause a 'rush to market' without consideration for ANYTHING except the busines model and profits.  if i wonder about whether 'my fellow man' average joe citizen has any sense of social responsibility, i usally can get a quick answer to that just by going down to the local mall and watching people.  and whether i like the underlying reasons (or even agree with them) i still think that is what drives a large amount of the rigidity in the CURRENT legal and govt stances.  my hope is that eventually the proper balance will be struck, allowing for folks like those that visit this board, to be able to have a fun hobby (and even let people make money commercially when done in a responsible way).  most countries approach this with back end litigation (let people do what they do and implement strong penalties against those that cause an impact) but in the US we figured out that our gene pool causes that to be a generally losing approach LOL.
2015-3-8
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wilkinsondave
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Canada
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I have a question.... Just how is the Dept of Transportation (Canada) or the FAA going to regulate these rules?
They have neither the man power nor the resources to be able to "Chase" down all the people that want to take a few pictures for a few bucks.
What about the other regulations? Are they going to have people stationed in all the parks in case someone shows up to fly their copter?
Unless they get specific complaints, or someone has an accident causing bodily harm, I really don't see them being able to do much about it. Here in Canada, they don't even look into Ultra light accidents unless there is bodily injury or death involved.
Now  I am not advocating that you go out and fly illegaly.... that would be wrong.... but it seems to me, we are dealing with the government trying to scare us as a way to control what we do.
Sorry... I guess I am starting to sound like a paranoid wacko.
Just some random thoughts.
Cheers
2015-3-8
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gnixon2015
lvl.4

United States
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dave, the only way i see enforcement expressing itself is via local authorities combined with 'complaints' and of course 'incidents'.  so if you are flying in a park, the FAA swat team wont jump out from behind a bush and fine you 10k.  however, if it is all over the news that you shouldnt be doing what you were, all it takes is the 10 bazillion people with cell phones to call a park authority or police and have you run off.  that wont 'enforce' anything (meaning you might only get told to leave).  so the govt wont be the ones to be afraid of, it will be all the tattling public around you.  

and of course, if your phantom hits someone (or someones property) and there is actually some real damage, to me that is where the trouble lies in doing it if it were illegal.  for example (and i am being TOTALL HYPOTHETICAL here not saying i am a jackhole), if your phantom fell in a park and put my child in the hospital, and i didnt have insurance, and the hospital bill was 50k.  i might sue you and own your house.  and when that happenned, you probably wouldnt feel much better about the fact that the FAA has no teeth to enforce the law, because, frankly, the state and local courts certainly could.  the problem is that it will be hard to know when a situation will go from 'just a guy trying to have fun with a drone' to 'someone being considered wreckless by the FAA standards', and the judge in any individual case may not care that the law is stupid or that the faa have no enforcement methods.

again, i believe in responsible flying and not some overbearing govt control, just saying that just because the faa cant really enforce much on their own, peripheral agencies will be part of that process once the 'rules' get vetted and socialized.
2015-3-9
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rrbcap
lvl.2

United States
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Some really good replies here.  Thanks for the info.  I'm relatively new to the Phantom but have been flying 5ch Helis for a while now.  Even if I went through getting a pilot license, 3rd class medical, FAA Approval, the Board of Realtors currently prohibit the use of aerial photography by UAVs.  No win situation. I guess if i want to abide by the rules I better find people who do for sale by owner.  It's just a shame a few 'jackholes' ruin it for others.  
2015-3-9
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oakspi
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United States
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You mention the Board of Realtors.  What jurisdiction is that?
2015-3-9
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gnixon2015
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rrbcap@gmail.co Posted at 2015-3-9 21:54
It's just a shame a few 'jackholes' ruin it for others.  

aint that the truth brotha-man
2015-3-9
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oakspi
lvl.4

United States
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You got me thinking about this issue.  Fly a Phantom for commercial purposes requires a pilots license.  Fly an Ultralight for sport and no license required.  It just does not seem fair.
2015-3-9
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Capt. Bill
lvl.4

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oakspi Posted at 2015-3-9 22:01
You mention the Board of Realtors.  What jurisdiction is that?


The National Association of Realtors is a trade group. It is not mandatory but most real estate agents belong to it and have to abide by their rules.
2015-3-9
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i_anderson
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United States
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oakspi Posted at 2015-3-10 01:23
You got me thinking about this issue.  Fly a Phantom for commercial purposes requires a pilots licen ...

Yeah, agreed, but I think if you fly an ultralight 'commercially' - taking pix for sale etc - you'd be in the same boat, surely?
Cheers,
Ian

2015-3-9
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kazdul
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I've been thinking about this myself and flying for business use looks to bring with it, a lot of red tape. License and appropriate insurance etc. Think until a) I get better at flying it, and b) I could justify the additional investment in equipment and insurance etc, so in the meantime i'm not bothering. Guess each country have there own rules and regs.
2015-3-10
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