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Some things about part 107 that just strike me as odd

Discussion in 'Rules and Regulations' started by DesertLand, Aug 2, 2016.

  1. DesertLand

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    Right off let me start with a question to private pilots. I tried to look this up myself but all I get is Drone related answers. A private pilot can take photos or video from his aircraft ( I'm talking full size fixed wing aircraft ) and sell the footage if so inclined, yes or no?

    A distinction between a private pilot and a commercial pilot is that the commercial pilot can carry passengers / cargo for hire. A guy with a private boat can go out on the ocean and shoot video all day long and sell it if he wants to. Carry a person with you for hire and you have to have a Captains license. The more people you carry, the higher the rating on the Captains license.

    Carry a person for hire and having to prove a certain skill level makes sense.

    Not even going to think about the future model of Phantom that could carry a person.. even as a hobby!

    So in the drone world a hobbyist can pretty much do the same kind of flying that a licensed drone pilot can. I've looked up my local state laws and they make NO distinction between hobby or licensed drone operator. Both must fly under the same rules as best I can tell.

    Neat thing I found in the local state law on drones was this line:
    Do not fly for payment or commercial purpose.

    Who wins? State law or Federal?

    How many have checked there state laws?
     
  2. BigAl07

    BigAl07 Moderator
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    Federal Laws will always trump state laws.

    North Carolina has STATE Drone regulations but they pretty much mirror Federal except NC requires one additional test and permit for commercial ops.

    In regards to "Private Pilot" taking pictures yes he can... and he "can" sell them so long as they are incidental to the flight. Technically if he's going up just to take the pictures to sell he is a Commercial Operation in that he is flying for compensation (in a round about way).

    The same goes for UAS. If you happen to be flying as a hobbyist and capture a great picture you can indeed sell that picture for profit. But if you go up with the intent to take pictures to sell then you are a Commercial UAS operator.

    That's my "basic" understanding and I'm no attorney nor do I have links/records to back up my beliefs. I'm just going from a couple of years in aviation and some observations. To get sound "legal" advice you're far better off contacting a true aviation attorney so that you are getting valid and credible information which you CAN bank on. I'm just another guy on the internet surfing and adding my 2 cents here and there.
     
  3. jonebk12

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    I can tell you that whenever it comes down to federal v. state/local laws, the federal law is going to "win" almost every time. It's called preemption.
     
  4. DesertLand

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    That helps clear up a few lines drawn in the sand. Looks like my hovering "drone" shots will be a small camera on a 20 foot pole held by a guy on a 16 foot ladder.... In the back of a pickup truck. With a lift kit. :eek:
     
    Pharm and BigAl07 like this.
  5. BigAl07

    BigAl07 Moderator
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    LOL Not sure I'd bet the farm on that "explanation". :)
     
  6. Colorado68

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    Remindsjonebk12, post: 890846, member: 53051"]I can tell you that whenever it comes down to federal v. state/local laws, the federal law is going to "win" almost every time. It's called preemption.[/QUOTE]

    Reminds me of where I live, Colorado.
    The state has declared pot legal yet the feds have not. Business as usual.
    I'd be interested seeing a post where someone actually was fined (not big business) for flying for $ without the 333 or the 107.
    Really, I would.
     
  7. BigAl07

    BigAl07 Moderator
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    Get ready because once Part 107 is "Codified" (August 29th, 2016) there will be a grace period allowing people to meet the requirements but there-after the CODE is real and has teeth.
    The Section 333 Exemption was crippled because it was never codified but Part 107 is a whole other story and it allows enforcement and penalties.
     
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  8. DesertLand

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    Well for me this whole part 107 thing just got real simple. Not going to bother. The use of a drone was intended as an enhancement to an up coming video project. 10 to 15 seconds might be from a drone. To spring $500.00 for a P3S would be the easy part. The hours of study, testing and fees involved with that is way to much effort at this point.

    Not having purchased a drone it's pretty easy to let that enhancement idea get dropped from the budget.
     
  9. BigAl07

    BigAl07 Moderator
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    If it's a one off thing find someone local and hire it out.

    The "fees" if you want to self study are only $150 (for the test). Other fees are if you want to do it via an online company etc.

    This may help "some":
    FAA Part 107 FB group
     
  10. DesertLand

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    On the subject of the test, I understand that it would have to be taken every 2 years? Pretty much a $75.00 annual cost to keep your ticket.
     
  11. BigAl07

    BigAl07 Moderator
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    That sounds correct.
     
  12. CCrew

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    Ahh, until such time as you try to deposit the $ you made from its sale in a bank, which is federally regulated.
     
  13. DesertLand

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    Well even for a business 75 a years is chump change.

    Eons ago I studied to get a private pilot license. Have a small amount of fixed and rotor wing time but more important things got in the way. The old Jeppsen manual went by the wayside a long time ago.

    Don't know if 8 hours of focused study time would be enough but likely my only real option. Hiring a pilot would have it's own problems. They like to schedule things and for a host of reasons the video work has to be done under the right conditions. Those can not be scheduled.
     
  14. DesertLand

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    Turns out a local friend of mine was working on a commercial ticket. Did the study work and had 60 hours of time. Finances brought things to a halt but he is willing to get a drone license if I buy the drone.

    Looks like things will work out after all.
     
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  15. BigAl07

    BigAl07 Moderator
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    If he has that much time/training invested he should do well with the test. If he has his Part 61 (SPL or higher) he can simply take the online Part 61 ticket holder's test (it's free).

    *Edited to correct an error in my information*
     
    #15 BigAl07, Aug 3, 2016
    Last edited: Aug 4, 2016
  16. Airecon

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    I suppose the argument of State vs. Federal law also encompasses Colorado and legalized Marijuana... Doesn't necessarily guarantee its enforcement. Just saying.


    Sent from my iPhone using PhantomPilots
     
  17. DesertLand

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    If I have the info right he was going for a commercial ticket. His 60 logged hours? out the window, his instructor died before he signed off on any of the hours. That popped the motivation to even get the private ticket. Is there another outfit like CATS ? I looked up the closest testing location and it's a three + hour drive. Thought there was another, maybe they had a closer location.
     
  18. Richard R

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  19. DesertLand

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    I looked up the list of test centers on that very web site yesterday, showed a test center right in town ( One would think, what with being the capital city and all ) but when I started to check into CATS there was a drop down menu for the type of test. Drone pilot was at the bottom, Select that option and the test center is 3 hours away.
    I'll just have to call them and see if all I get is shrill hysterical laughter when I ask about drone testing.
     
  20. Richard R

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    I would expect that you could take the test at any test center with online test terminal(s). I I thought that all of them now had that. When I registered, I did it online and someone from CATS then called me to ask where and when I wanted to take the test. They actually contacted the test center while I was on the phone to confirm with them then sent me an email with all the details. That system seems to be working very well.