Non-Profit Use

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Hello, looking for a clear answer please. I am the Riverkeeper for a small 501 3 c environmental/educational organization. We purchased a phantom 4 to aid us in identifying pollution sources. I am a paid full time employee of the organization and its founder, but the drone is the property of of the organization. Do I need any special permit other that the simple UAS FAA permit for flying the small drone? We do not sell pictures and we are not a business that sells anything for profit.It is simply a research tool.
, a flying camera.
 
You will need to be licensed. I just worked with another non-profit that didn't collect fees from those they helped (funding was provided from another source), but given the FAA definitions of business use vs. hobby/recreational use, your usage would fall under business use (a professional service). I had the non-profit pose this question to the FAA and the response they got was that they'd have to get a part 107 license to conduct their operations. Sorry riverkeeper- I know that's not what you wanted to hear.
 
You need a FAA Part 107 certification to fly for your organization.
 
Here's what I based what I told him off of and recommended he contact the FAA for a definitive answer, to which they replied they would have to be 107 certified.

What is a commercial use of UAS?

Any commercial use in connection with a business, including:

§ Selling photos or videos taken from a UAS

§ Using UAS to provide contract services, such as industrial equipment or factory inspection

§ Using UAS to provide professional services, such as security or telecommunications

§ Using UAS to monitor the progress of work your company is performing


Flying for Fun (recreational or hobby)
  1. What is the definition of recreational or hobby use of a UAS?
    Recreational or hobby UAS use is flying for enjoyment and not for work, business purposes, or for compensation or hire. In the FAA's Interpretation of the Special Rule for Model Aircraft, the FAA relied on the ordinary, dictionary definition of these terms. UAS use for hobby is a "pursuit outside one's regular occupation engaged in especially for relaxation." UAS use for recreation is "refreshment of strength and spirits after work; a means of refreshment or division."
 
Yep, its been hammered around here on the forums and confirmed by several queries to the FAA. IF anyone benefits from the flights (no money has to change hands), then the operation is considered commercial. Providing a service to further the work of an organization such as the OP described falls squarely within the FAA definition of a commercial operation. the pilot has to have the Part 107 certificate and the Bird has to be individually registered. Guess we should clarify. this applies to the US. But since you stated that your organization is a 501 c, I assumed you are in the US.
 
If I fly around my church property and offer to give them any videos or stills that I take from flying around, would that be considered commercial? I just offer it as a nicety to anybody who lets me use their property. Basically, I'm filming your land, you deserve to have access to anything I photo since I'm not paying your for exclusive rights.
-c
 
IF anyone benefits from the flights (no money has to change hands), then the operation is considered commercial.
The problem with this statement is the word, "benefit". If this were correct, every drone shot or footage posted on YouTube, Facebook, etc. would then be commercial. Perhaps someone likes to show their friends footage from their drone. Does this not "benefit" someone?

We could then also bring into the discussion if the FAA would ever pursue someone solely when it's being used for someone's "benefit".

My point... there are some black and white situations but many are still within gray areas.

In the OP's case I'd say since it's a company using the drone I'd error on the side of caution and say a waiver is needed. However, I'd also say that it's _HIGHLY_ unlikely that the FAA would look into this matter.
 
It's more basic than "Commercial vs Hobby" even though the FAA has gone out of their way to portray it like this. The problem is many people do stuff with their UAS that really isn't business or commercial but it still falls under Part 107. Here's why.... (this is Copy/Pasted from another thread)

Ok I got some clarification. It seems some of the problem stems from our own misunderstanding of the regs and how they were intended. Part 107 does not mean strictly "Commercial Operations" even though everyone (even the FAA) associates Part 107 with Commercial Use. It's even noted as the "Commercial UAS Rules" by the FAA. Commercial Operations are but one portion of what Part 107 encompasses.

Part 107 technically "allows" for "civil" UAS operations. Part of that "civil" operation can certainly be commercial operations but doesn't exclude other flights that are not "Commercial". Therefore, if you are not in compliance with Part 101 and you're not on an Exemption or Public Use COA, you are operating as a civil UAS and Part 107 applies.

Here is a direct quote from him:

"Think of it this way: Everyone is a civil UAS operator, subject to Part 107 (Public Use excluded). Now, Congress mandated that certain operators be left alone (not subject to Part 107) if they are operating as a hobbyist and codified law to describe what a hobbyist operation must adhere to. The FAA took that law and regurgitated it into Part 101. So, if you're going to claim that you are NOT flying under Part 107, you must follow all of Part 101, or else you revert back to Part 107 regulations."


So with that guidance directly from our FAA Liaison I think it's pretty clear (at least from my stand point which may be slightly skewed) that you must fit completely inside the Hobby/Recreational (Part 101) box or you do indeed default back to Part 107 regulations.
 
BigAl,
Definitely, IMO, helps to clear the smoke. Only 2 classes/type of sUAS flying Hobby or Civil. Hobby flying plays by those rules and everything else by Part 107. Thinking that way cuts off, too, all of those attempts to design scenarios that aren't 'commercial'.
 
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In addition to the operator needing a Part 107 certificate, the FAA requires that your organization have a Small UAS Certificate of Registration for any company owned drone -- essentially like the registration for your car. Each specific drone is registered for commercial use, while only the operator is registered for recreational use.
 
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Don't give up on your original idea. Sure, it takes some work (study) to prepare for the test, and the test cost $150 , but it gives you so much flexibility and more options for flying. Many on these forums have passed with little on no previous aircraft experience. And registering your sUAS is only $5. Do yourself a favor and, at least,clooks some more into getting your Part 107 cert.
 

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