License / Certification

[Imperial]

Hi everyone.
I recently am trying to start an aerial photography company, but get very confused around FAA regulation here in new york etc..

Does anyone know if doing construction site surveillance, wedding photograph, sporting events that we are now required to have some sort of License / Certification? It seems to be a very gray area right now.
Thank you.

 

[damitjim01]

it's not a gray area, any payment makes it commercial and not hobby use. Must file for exemption from FAA

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

I want to fly a UAS for business purposes…do I need approval from the FAA?
Yes. There are presently three methods of gaining FAA approval for flying civil (non-governmental) UAS:

1. Special Airworthiness Certificates – Experimental Category (SAC-EC) for civil aircraft to perform research and development, crew training, and market surveys. However, carrying persons or property for compensation or hire is prohibited. For more information, please contact the Airworthiness Certification Service, AIR-113, at 202-267-1575. 1,3
2. Obtain a UAS type and airworthiness certificate in the Restricted Category (14 CFR § 21.25(a)(2) and § 21.185) for a special purpose or a type certificate for production of the UAS under 14 CFR § 21.25(a)(1) or § 21.17. 7,8
3. Petition for Exemption with a civil Certificate of Waiver or Authorization (COA) for civil aircraft to perform commercial operations in low-risk, controlled environments. For more information, please visit our Section 333 page. Instructions for petitioning for exemption are available here.

 

[msinger]

See this link:
https://www.faa.gov/uas/what_can_you_do_with_your_uas

 

[SteveMann]

Hi everyone.
I recently am trying to start an aerial photography company, but get very confused around FAA regulation here in new york etc..

Does anyone know if doing construction site surveillance, wedding photograph, sporting events that we are now required to have some sort of License / Certification? It seems to be a very gray area right now.
Thank you.

It's not as gray as you think.
There is no commercial drone operator's license yet. There may be one next year when Part 107 rules are finalized, but until then the only feasible process to be completely legal with the FAA is the Part 333 exemption. The airworthiness certificate is an option only if you were the manufacturer or builder.
That said - the FAA says that commercial flight, that is where anyone's business is furthered, is not legal. But there is no rule they can point to that states such a flight is illegal. The FAA has sent a lot of "educational" letters, but they have not taken any action against any drone operator making a few dollars from their aerial work.
I recommend applying for a Section 333 exemption because it will be easier to get Real Estate contracts (following the guidelines of the NAR - National Association of Realtors), easier to get insurance at a lower cost, and a really good piece of paper to have when the local police try to bust you for some imaginary rules.

 

[Imperial]

It's not as gray as you think.
There is no commercial drone operator's license yet. There may be one next year when Part 107 rules are finalized, but until then the only feasible process to be completely legal with the FAA is the Part 333 exemption. The airworthiness certificate is an option only if you were the manufacturer or builder.
That said - the FAA says that commercial flight, that is where anyone's business is furthered, is not legal. But there is no rule they can point to that states such a flight is illegal. The FAA has sent a lot of "educational" letters, but they have not taken any action against any drone operator making a few dollars from their aerial work.
I recommend applying for a Section 333 exemption because it will be easier to get Real Estate contracts (following the guidelines of the NAR - National Association of Realtors), easier to get insurance at a lower cost, and a really good piece of paper to have when the local police try to bust you for some imaginary rules.

 

[Imperial]

Steve this is great thank you for this... been stressing all weekend about this. the way you outlined the above was very helpful.

thank you all, you guys are awesome...

 

[Imperial]

hey Steve, reading 333 FAQ, if approved i must obtain the below certificates? I have a drivers License but i don't have a "airman medical cert" or any others below. Your help would be greatly appreciated. thks

Under this grant of exemption, a PIC must hold either an airline transport, commercial, private, recreational, or sport pilot certificate. The PIC must also hold a current FAA airman medical certificate or a valid U.S. driver's license issued by a state, the District of Columbia, Puerto Rico, a territory, a possession, or the Federal government. The PIC must also meet the flight review requirements specified in 14 CFR § 61.56 in an aircraft in which the PIC is rated on his or her pilot certificate.

 

[YolevonALLin]

My attorney just told me you have to have a pilots license to do this.. Is this correct?

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[AirApparent]

That is correct. However, there seems to be a loophole to allow "a company" to apply as long as you hire someone with an airman very to do the flying for commercial purposes. Something to look into.