But it's the law. You don't have the right to arbitrarily decide whether it's practical or not or arbitrarily decide whether or not it applies to you. Why do you only get 4 downs in football? I think the rule is silly and my team deserves 5. What makes rogues and 107 different is the likely absence of witnesses. Not much different than shoplifting. If the drone shoot was televised, I'd be willing to bet he'd be legal.
Well - legal or not - if I were in charge of enforcement - I think I would draw the "prosecution" line at "advertising".
If someone is actively advertising that they can provide Drone Services - and they don't have the necessary license - AND they actually accept a client and DO the work for them - they should be prosecuted. But you can't prosecute them just for advertising their services - you have to catch them actually providing the services. The ad could be something someone posts to see if there's enough business out there to warrant the time and expense of getting the 107 - or he could be intending to subcontract the work to a pilot that does have the proper license. There are all kinds of valid and legal reasons why an unlicensed individual might be advertising drone services. So an ad alone is not enough to prosecute on.
And also - I would give a pass to:
1) a hobbyist or amateur that is asked by a friend or a family member to shoot their wedding or take picture of their house for sale - whether they receive compensation or not.
2) a hobbyist or amateur that is out flying recreationally and somehow manages to film something that has value - and is able to sell some of their photos as landscape prints - or captures a video clip of something spectacular that a news agency might be willing to purchase
I know that in the US - those 2 scenarios are technically illegal without a 107 or 333 - but common courtesy should exempt those minor infractions from prosecution. Just like a police officer doesn't usually issue a ticket for 2 miles per hour over the speed limit (even though it is illegal) - the people responsible for prosecuting drone licensing violations should use a similar yardstick for determining what to pursue and what to let go.
But don't get me wrong. I do think that anyone who is advertising and performing drone services without a license (to non-family, non-friends) should be prosecuted and fined for their failure to comply with the law.
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