Can I Use my Model Aircraft to do Aerial Photography?

36 comments

1. Excellent summation of what is published from the FAA, however we have a circular argument here.

   ““The current FAA policy for UAS operations is that no person may operate a UAS in the National Airspace System without specific authority. For UAS operating as public aircraft the authority is the COA, [B]for UAS operating as civil aircraft the authority is special airworthiness certificates[/B], and for model aircraft the authority is AC 91-57.””

   The Boldened statement seems to say that in order for you to operate a UAS for commercial purposes, ie Get paid in some way, then all you need is to obtain a Special Airworthiness Certificate (experimental). Easy Right?

   The problem is that this Special Airworthiness Certificate (experimental) does NOT allow for Commercial uses!!

   In short, the FAA says, “Oh your a civilian commercial operator? Get an Experimental Cert for your aircraft. But you may NOT use an Experimental Cert for commercial operations…”

   “Experimental UAS
   An SAC-EC is the only certification means available to civil operators for UAS and optionallypiloted aircraft (OPA). Due to regulatory requirements, [B]this approval precludes carrying persons
   or property for compensation or hire[/B], but does allow operations for research and development,
   market survey, and crew training. “

   1. Hi Chris,

      You are exactly right…

      Though the FAA is issuing Special Airworthiness Certificates for commercial UAS use, the certificates currently being issued only allow for research and development, market survey, and crew training operations and do not yet allow for actual commercial/business ops.

      Rich Hanson
      AMA Government and Regulatory Affairs

      1. Rich,So is what I am hearing that there currently NO way to legally fly a UAS with a video camera attached for monetary gain? If so how are the major film production companies doing it? Are they doing it at their own risk or is there something I am missing here? Thanks for your reply!

         1. Darrold. I can’t speak with certainty as to whether or not entities within the entertainment industry are using UAS to film their productions, but it is generally believed they are not. I would be surprised to hear that any of the major studios are doing so, but if they are, they are operating outside of FAA policy and I would expect the FAA to take action should the activity come to light.

2. What about use for non-profit, educational or research purposes, when operated under the guidelines of AC 91-57? And also following AMA guidelines to protect the privacy and property of others?

   1. Operating UAS for the purposes you’ve stated would not be considered recreational, and as such would not fall under the model aircraft operating guidelines provided in AC 91-57. The one possible exception being education. Educational MA operations would fall under AC 91-57 provided the model aircraft is being used as a teaching tool in the classroom to teach an academic curriculum such as math or science. However, if the educational endeavor is research and development or a proof of concept project aimed at developing UAS systems or employing UAS for data collection, it would not fall under the provisions of the advisory circular.

      UAS operations for non-profit, research purposes and/or to protect the privacy and property of others require either a special/experimental airworthiness certificate or a certificate of authorization (COA).

      Rich Hanson
      AMA Government and Regulatory Affairs

3. Does that mean that the activity described in the web page below is illegal?

   https://www.siliconprairienews.com/2012/10/unl-drone-journalism-lab-lifts-off-with-stories-on-nebraska-s-drought

   Note that they’re flying within the limitations of AC 91-57.

   https://www.theblaze.com/stories/journalists-using-drones-university-of-nebraska-drone-journalism-lab-explores-the-ethics/

   My reading of FAA FR 4910-13, and subsequent FAA documents, is that they are designed to prevent AC 91-57 to be used as a justification for commercial enterprises. Education, research, non-profit, non-commercial, and recreational/hobby uses under the limitations of AC 91-57, such as that by the Drone Journalism Lab, would seem not to fall in that category.

   1. I assume the University of Nebraska is operating its UAS program under a FAA Certificate of Authorization (COA). If not, I don’t know that I would say it is as much “illegal” as I would say the school is operating outside of FAA’s policies. This would be a bit reckless in terms of the State’s liability, and it would certainly bring into question the integrity of the University and its standing as an educational institution.

      Rich Hanson
      AMA Government and Regulatory Affairs

      1. I have emailed the DJL asking about this – no reply yet. And a second university has also started a similar program:

         https://www.seattlepi.com/news/article/MU-journalist-explores-using-drones-for-reporting-4048059.php

         Since this is FAA policy, not regulation, it falls within a grey area:

         https://www.avweb.com/podcast/podcast/AudioPodcast_GaryChurch_UAVsInTheAirspace_FAARules_206142-1.html

         As you say, not necessarily illegal per se, but contrary to FAA policy.

4. Thanks Rich for the info,

   I have one problem, how can any Joe Blow film a fight or a crime with their smart phone, then post on YouTube, and THEN we see the film on TV !!
   It not right for then to do it, but I cannot film a construction site of a new Hospital I work at and just might get a construction worker in the film goofing off on the job. Sorry to bitch But I DO have a problem with the AMA’s stand on this.

   1. Bruce, The issue has nothing to do with filming or the taking of photographs. It has to do with operating an aircraft in the national airspace for compensation or hire (monetary gain). This is by no means AMA’s stand… This is FAA’s stance as the federal regulator with authority over the national airspace system.

5. The regulation specifies “National Airspace System,” There is considerable airspace, especially below 500 feet AGL that is uncontrolled. What is the recommendation in this regard?

   1. David, the NAS is not limited to “controlled airspace”. It is generally considered all “navigable” airspace outside of restricted airspace or warning areas. The FAA will tell you this airspace starts one inch above the ground.

6. This regulation or policy makes no distinction for planes with or without cameras. It is just about the commercial purpose of the flight. So: What about RC pilots who win contests and competitions or sponsored events used for marketing? I can think of several “big name” pilots who fly RC planes for commercial purposes and have made careers out of it. How is that allowed? Why is the RC flight not allowed if the plane takes pictures?

   1. Leslie, There is a provision that allows the hobby industry to operate model aircraft (aircraft intended for recreational purposes) for design, development and, marketing purposes. The winning of a monetary prize in a model aircraft event may raise some questions; however, it is generally understood that these are recreational events and the competitors are not participating with a guarantee of monetary gain.

7. I would like the FAA to definitively state which FARs and CFRs they are using to cite that non-recreational use of model aircraft is illegal. I expect AMA to demand an answer to that so that our members do not get harassed by the FAA. I\’d be happy to comply if you can point out EXACTLY which regulation is being violated.

   AC 91-57 – asks for voluntary compliance – an Advisory Circular is not a regulation.

   Policies are policies, they are not regulations.

   We are a nation of laws, so I expect my government agencies to abide by them.

   1. Ed, Said another way… The FAA stated in its 2007 clarification of AC 91-57 that “no person may operate a UAS in the National Airspace System (NAS) without specific authority”. This stems from FAA’s authority provided in USC Title 49 to control and manage the national airspace. The authority to operate under AC 91-57 is limited to recreational use only. Any other use must be granted authority either through a Certificate of Authorization (COA) or a special/experimental airworthiness certificate. Whether or not it is truly “illegal” to operate in the NAS without authority may be debatably. However, I think it is important to keep in mind that though AMA openly supports the safe and responsible commercial use of unmanned aircraft in the national airspace system, its responsibility is to advocate for and to protect the rights and privileges of its members and the aeromodeling community.

8. The key phrase in paragraph 2 is \”reasonable expectation of privacy.\” The current legal perspective on this is that anthing that is in plain view, and anything observable from the air, has NO expectation of privacy and is considered to be in public view. These concepts have been generated through court interpretation with regard to police surveillance.

   1. Frank, The threshold for ‘reasonable expectation of privacy’ has been redefined by the courts as new technologies have emerged, and there’s no doubt this threshold will be defined yet again with the advent of UAS. However, the concept of a ‘reasonable expectation of privacy‘ is not limited to police surveillance. It also comes into play in civil cases where a plaintiff files suit against an individual or business entity for what is perceived to be an invasion of privacy.

9. it is not reasonable for any person or business to expect privacy from aerial photography. For at least 35 years I have been able to buy aerial photographs of much of Washington state from a commercial aerial photography firm. They show great detail, with resolutions of 3 or 4 inches. Google has made available for free on line aerial images with a resolution of about 6 inches. It is very likely that the US government has photography of every square inch of the US with a resolution of 1/4 inch or better. Privacy evaporated a long time ago.

   1. Roger, The concept of a ‘reasonable expectation of privacy” is certainly a sliding scale. This threshold has been redefined by the courts as new technologies have emerged, and there’s no doubt this threshold will be defined yet again with the advent of UAS. Nevertheless, I think it would be an overstatement to say that citizens in this country should have no expectation of privacy whatsoever.

10. Aren’t the sponsored hobbyists that use model aircraft for competition violating the advisory circular? Are they or are they not profiting from the operation of an UAS? What about the model aircraft manufacturers, are they not profiting from the use of UAS?

    1. Dan, There is a provision that allows the hobby industry to operate model aircraft (aircraft intended for recreational purposes) for design, development and, marketing purposes.

11. I found on the Q&A site the statement “Operators of public aircraft include DOD, DOJ, DHS, NASA, NOAA, state/local agencies and qualifying universities.” How do we know which universities qualify?

    1. John, As a general rule of thumb… Universities funded through governmental entities would for the most part be considered public operators. Universities funded through private funds generally would not; however, a UAS development project conducted by a private university through funding provided by a government grant could be viewed as a public operation.

12. \\\”AC 91-57 only applies to modelers, and thus specifically excludes its use by persons or companies for business purposes.” – Based on this statment I assume (and have not been able to find) that there is a definition of \\\”Modeler\\\” somewhere and that definition has some wording to the effect that a modeler cannot charge a fee specifically related to model aircraft flight?

    1. Jim, As far as I know there is not a definition of the term “modeler” in regulation; however, Congress did define the term “model aircraft” in the FAA reauthorization bill for the purpose of the Special Rule for Model Aircraft in PL 112-95. The key element is it’s intended use. To be a model aircraft, the aircraft must be operated strictly for recreational/hobby purposes. However, there is a provision that allows the hobby industry to operate model aircraft (aircraft intended for recreational purposes) for design, development and, marketing purposes.

13. All this information is very timely for me as I have been asked to help in piloting a mulitcopter with the eventual goal of taking aerial photos for commercial purposes. Having done nothing other than purchasing the “UAV” and learning how to set-up and fly it, is this endeavor outside the FAA regulations/policies? If so, what actions can be taken to ensure it can function without FAA intervention?
    From the previous comments it would seem that it is not possible to enter into this activity and have the FAA blessing given the current status of regulations.
    Rich, Thanks for your help, you are doing a great job with a very tough subject.

    1. Frank, Your statement that, “it would seem that it is not possible to enter into this activity and have the FAA blessing given the current status of regulations” is fairly accurate. As things exist today and until a sUAS rule is published and implemented, the only way of accomplishing this would be to apply for and receive a special/experimental airworthiness certificate from the FAA. Currently the FAA is only issuing these certificates for research and development, market survey, and crew training operations.

14. As for major industries using aerial UAV’s for profit, the movie “The Aviator” used several model planes in its making. Some were even featured in the AMA, and R/C Modeler magazines. On top of the planes, they even used R/C helicopters for some of the aerial camera work. And “Fear Factor” was using aerial helicopter on some of its shoot, and the same with the “Myth Busters”. Just FYI.

    1. “The Aviator” was produced and released in 2004. Prior to FAA’s UAS policy clarification in the Federal Register in 2007, the FAA did allow commercial UAS operations under AC 91-57, at least to a limited extent.

       Rich Hanson
       AMA Government and Regulatory Affairs

15. Hi Rich,

    Thank you for presenting this topic and taking questions and comments.
    Currently there is nothing in the CFRs regarding this subject.
    Fortunately for all of us, we are a land of laws, not policy.
    Until the FAA goes thru the process of issuing the regulations, no one is bound by what the FAA is planning or considering doing. That changes once the rule is finalized.
    Just imagine getting a speeding ticket for doing 45 when that’s the posted limit. So you ask why? And the response is that you got the citation based on the fact that the locals are considering changing it to 30. I’d imagine that none of us would find that acceptable.
    AC 91-57 is advisory information (FAA Policy) limits our models to 400 feet. So does that mean the R/C glider, jet and warbird enthusests have questionable integrity because we exceed that limit?

    Thanks

    Dave

    1. Dave, I’ll be the first to admit there is a ton of ambiguity when it comes to FAA’s guidelines, policies and regulations (or lack thereof) when it comes to the operation of UAS. Hopefully this will get resolved once a final rule for UAS is implemented.

       No, I would not say modelers operating MA above 400’ AGL have questionable integrity, FAA Advisory Circulars allow some latitude for pilot judgment and situational awareness. AMA’s corporate judgment and situational awareness of the hobby is reflected in its application of AC 91-57 in its National Model Aircraft Safety Code. However, I would certainly question the judgment of modelers operating above 400’ AGL in close proximity to an airport without first establishing an agreed upon operating procedure with the airport and/or ATC if an air traffic control facility is present at the airport.

16. “I would certainly questions the judgment of modelers operating above 400’ AGL in close proximity to an airport without first establishing an agreed upon operating procedure with the airport and/or ATC if an air traffic control facility is present at the airport.”
    I most certainly agree. Having the freedom to do something leaves us with the responsibility to do so wisely.

    Thanks

    Dave

17. Aerial Photography

    Traditionally, to take pictures from above, a helicopter is used which is very expensive. In some cases the helicopter is too big or simply may not be appropriate to take aerial shots due to heavy wind draft and noise created by the helicopter. Our quadcopters/mini-planes can carry the camera as a payload and can take aerial photograph.

    The aerial photograph can be useful in many situations, e.g.:

    Taking aerial shots for corporate videos/events
    Video of strategic installations for subsequent analysis.
    Aerial surveillance.
    Aerial survey for civil constructions like roads/dams etc.
    Survey of coast lines, tides etc.

18. Sir,
    If the only way for a company to fly a UAV is to get a experimental cert. And IAW the CFR experimental can’t be flown for commercial how is aeroviroment and insitu authorized to get paid to fly

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