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FAA Shot Down by NTSB Judge on $10,000 Fine to Commercial Drone Pilot

By
Real Estate Agent with Coldwell Banker Realty NRDS # 146013739

 

Ongoing Saga Of Aerial Photography For Commercial Use

 

Phantom 2 Vision

Back in January, I wrote a blog about my first experience with quad-copter photography.  One of the comments stated that "industry folks are still cautioning us that FAA rules are yet to be written that will tell us what we can and cannot do...".  I did hear about a fine that the FAA levied on a commercial operator for $10,000.  Well that is nothing to sneeze at!  

So my husband who is enjoying this hobby, did some research.  He has 55 hours as a student pilot, studied commercial flight and airport management for two years as well as ran operations for UPS out of the west coast air hub in Ontario California. He finished out his career as a liason to the FAA agents who dealt with Dangerous Goods shipments.  

Here is the disclosure we are using on my website. I have 2 additional videos posted and will incorporate some of the video into the virtual tours we use.  More videos will be coming soon. 

You can see the new videos at this link: aerial photography

These videos were made for your enjoyment. No other expectations were assumed during the making of the videos. This is a hobby (recreation) designed to showcase the Sedona landscape and real estate of the area. FAA guidance says that model aircraft flights should be kept below 400 ft. above ground level. The operators of our model aircraft (quad-coptor technology) follow FAA Guidance. Safety comes first and is our utmost concern. There is no commercial remuneration for these aerial videos.

This hobby quad-copter we are using works ok for our purpose.  Commerical Videographers will have a camera set up on a gimbel and would probably need a little bigger craft with more battery power to get the video they need.  Hollywood and Indie film makers are using these in their productions because the cost is so much cheaper than using a helicopter!

I have found that you do get some pitch and roll on the video but if you edit small snippets of film it is less noticeable. 

Good News

As stated in the title,  an NTSB judge ruled that commercial drones are legal. The fine on the drone operatot will not stand.  The judge believes that the FAA does not have any enforceable rule or regulation that applies to the usage of model aircraft.   You can see the story here. I don't think we have seen the end of this story and as more commercial endeavors start up,  there may be new regulations imposed.  

Gerard Gilbers
Higher Authority Markeing - Asheboro, NC
Your Marketing Master

I would think that any use under a 300 ft ceiling should be high enough to provide most of the pictures you want and stay out of the way of the pilots.

Mar 08, 2014 12:16 PM
Bahman Davani, CM at Texas Five Star Realty, Plano, TX (214) 457-7055
Texas Five Star Realty, Plano Texas - Frisco, TX
Homes for Sale in Plano, Frisco, Prosper, Allen TX

I believe as long as you follow the FAA guidelines (e.g., under 400 Ft.) and is NOT for profit, it is legal. Isn't?

Mar 08, 2014 09:07 PM
Sheri Sperry - MCNE®
Coldwell Banker Realty - Sedona, AZ
(928) 274-7355 ~ YOUR Solutions REALTOR®

Hi Gerard,

We always have to use good common sense when using aerial photography.  I got some great shots from less than 100 ft up.  A pilot is in violation if they fly below 1000 ft per Federal Air Regs (FARs) in a populated area that is not part of a terminal control area (TCA).  

Hi Bahman,

With this new ruling from the NTSB, commercial use is ok.  The FAA can take it to an Appeals Court though.  I won't hazard to guess what the outcome might be. As noted in my blog, I have a disclaimer and my husband is the quadcopter pilot (no money is exchanged) and also took commercial flight classes and has about 55 hours flying.  He worked closely with the FAA on air shipping procedures before he retired.    

Mar 09, 2014 03:18 AM
Cheryl Ritchie
RE/MAX Leading Edge www.GoldenResults.com - Huntingtown, MD
Southern Maryland 301-980-7566

Note to self...reblog this over the coming week. I was not clear on the legal status so appreciate the update.

Mar 09, 2014 11:03 AM
Rick Frissell
HomeXpress Realty - Valrico, FL
aka "The Red Baron of Real Estate"

Sheri, thank you for sharing this information and thank your husband for the time and research he provided.  Just got my drone a few weeks ago and I get more negative feedback from other agents than anybody about being lawless.  The disclaimer is perfect.  Thanks again.

Mar 09, 2014 10:27 PM
Jeff Fisher
PureWest Real Estate - Whitefish, MT
PUREWEST REAL ESTATE/Christies

Great update to a fascinating story and developing technology for many industries. I'll keep a look out for more drones and updates to this ongoing saga. 

Mar 09, 2014 11:45 PM
Sheri Sperry - MCNE®
Coldwell Banker Realty - Sedona, AZ
(928) 274-7355 ~ YOUR Solutions REALTOR®

Cheryl - Glad to help.  If I find out anything new I will be sure to blog about it.  As of right now, if someone wanted to pay my husband for an aerial video, that would be legal because of the ruling but in the future, the FAA may decide to post regulations to  fly a "drone".  there may be requirements for a license and they may have to have different categories for the different sizes and capabilities of these craft.  In my opinion, the Phantom category is a hobby aircraft.  To me, a drone category is bigger, flies longer and further away from the pilot while carrying a bigger payload.  

Mar 10, 2014 05:21 AM
Sheri Sperry - MCNE®
Coldwell Banker Realty - Sedona, AZ
(928) 274-7355 ~ YOUR Solutions REALTOR®

Hi Rick, 

As we know, other realtors in our MLS are our competitors.  We are entering a new area of technology that some are unwilling to accept or venture into.  This gives you a competitive edge.  Maybe I am wrong, but I thought having a competitive edge is what it is all about??

Mar 10, 2014 05:30 AM
Sheri Sperry - MCNE®
Coldwell Banker Realty - Sedona, AZ
(928) 274-7355 ~ YOUR Solutions REALTOR®

Hi Jeff, 

Thanks for the feedback!

Mar 10, 2014 05:31 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Sheri, interesting to find this post today as we have been hearing about strange balloons floating around the US!

Feb 15, 2023 09:01 AM