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Aerial Video/Photography aka Drone

By
Real Estate Agent with Tierra Antigua Realty

A lot has happened since I first wrote about "To Drone or Not To Drone" back in March. In a couple of weeks NAR will be providing an update on their efforts with the FAA toward UAV/UAS (Unmanned Aerial Vehicles/Unmanned Aerial Systems) as it pertains to Realtors. The FAA at the time was vague on interpretation. Up until late June I flew my quad-copter with a GoPro camera to get elevated angle of communities and practiced on a few homes. That is when the FAA handed out their interpretation which prohibited Realtors from using UAV/UAS for aerial video/photography. I have learned a lot over the months. It took days and a lot of committed hours reading, researching, writing, calling, etc. Late September 2014 the FAA approved exemptions for seven (7) movie related companies to proceed. Which was good news to here. Those are specific exemptions and waivers for those companies to operate with very specific guidelines, requirements, and restrictions.

There is a lot of misinterpreted information concerning UAV/UAS for our purposes. One post here on Active Rain stated that approval is needed for each flight, not true. Others have commented that the FAA has no authority, again not true. Congress granted the Directory of the Department of Transportation authority with the passing of the FAA Modernization and Reform Act of 2012. The FAA falls within the purview of the Director of the Department of Transportation. Having talked with the FAA's Attorney, professional organizations, manufacturers, insurance companies, and trainers there is a lot of ground to cover before all Realtors can be eligible for using UAV/UAS in their business. My biggest concern at the moment is the "Maverick Realtor" who is determined to go ahead and conduct aerial video/photography without FAA approval against NAR recommendation. Who risks making it harder on the rest of us who want to do it right.

On October 10, 2014 the FAA enacted change 6 of their handbook. Intensifying its enforcement on drone operators. Specifying fines for non-compliance with rogue and maverick operators. Fines ranging from $500-$649 for minimum, $650-$849 for moderate, and $850-$1,100 for maximum. According to former FAA Regional Counsel, Loretta Alkalay, "FAA considers each operation a separate violation and any operation could include multiple regulatory violations. So the amount the FAA seeks against an individual for any given flight could be significantly more..." So flyer beware. The FAA has handed out a lot of cease and desist letters over several months, more will be coming.

The FAA is addressing national air space safety as well as public safety on the ground. Some states have implemented restrictions on UAV/UAS activity. Know what your state has done. Most restrictions are guided toward civil liberties and privacy. I encourage every Realtor to become a member of RAPAC if you are not already. Talk to your representatives to monitor local and state officials for any legislation prohibiting UAV/UAS activity that can impact on you marketing your client's property to the best of your ability. NAR is working with the FAA and RAPAC to benefit membership. Work on insuring privacy concerns while maintaining marketing that can give your client an advantage to sell faster and for more.

I encourage anyone considering aerial video/photography to join the AMA (Academy of Aeronautics) as well as local AMA chapters. I also encourage joining organizations like UAVUS, AUVSI, and any others your find pertinent. These organizations are there to help UAV/UAS succeed on a broad spectrum. Why not be a part of it.

Anyone considering aerial video/photography should closely, meticulously, and scrupulously investigate the UAV/UAS they plan to use. I am upgrading to a more expensive more sophisticated yet safer UAV/UAS for when I can get back in the air. The one I had been using has an rf (radio frequency) conflict between the controller and the camera. More than once I was concerned that I did not have full control while in flight and immediately landed. There has been rumor of fly-aways with certain craft. The new one eliminates that problem. Now without the camera attached I have been using mine for recreational pleasure. My 9 year old grandson enjoys it when I let him fly it. Giving me more flight time for when I get the courage to put my RC helicopter that can fly upside down in the air again. So, do your homework, there is not just money at stake, there is public safety at stake. National air safety, public air safety, and privacy are key to the future of aerial video/photography where it can be applied to benefit our clients, WOW Buyers, and sell listed properties faster.

Comments (12)

Sandy Padula & Norm Padula, JD, GRI
HomeSmart Realty West & Florida Realty Investments - , CA
Presence, Persistence & Perseverance

Douglas: You wrote a highly informative blog that all agents should read, otherwise risk not only damaging the overall effort for UAV use, but also risk costly fines.

Nov 01, 2014 03:39 AM
Kathy Streib
Cypress, TX
Home Stager/Redesign

Douglas- my husband is a member of the AMA (Academy of Model Aeronautics) and yes, it is a very worthwhile organization.   RC planes or copters are not toys and yes, agents need to do their research and learn about what they're doing. 

Nov 01, 2014 03:57 AM
Kathy Streib
Cypress, TX
Home Stager/Redesign

What I learned

Nov 01, 2014 11:43 AM
Michael Dagner
Brokers Guild Classic - Denver, CO
Your Denver Homes Realty Expert

Douglas, very interesting insight about drones and aerial photos.  Just as curious as anyone about where all this will go in a few years.  Thanks,

Nov 01, 2014 03:54 PM
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

Last summer there was a parent using one to get pictures during my daughters softball game. It did not fly over the field but i wondered about the safety and what the rules are. I read your last blog and enjoed this update. 

Nov 01, 2014 10:40 PM
Douglas Trudeau
Tierra Antigua Realty - Tucson, AZ
MBA, Assoc. Broker, Selling Tucson Real Estate

Thank you all for your comments. Kathy is right, these are not toys. Anyone considering using one needs to be very serious about safety. Stay tuned, there is more to come over the next weeks.

Nov 02, 2014 12:49 AM
Florida Tolbert Team Keller Williams Advantage
Keller Williams Advantage III Realty in Lake Nona - Orlando, FL
Keller Williams Land Luxury Division Specialist

Awesome clarity and as an owner and user of a drone, mine has been gathering dust awaiting ruling.  Please let us know when she can fly again. 

Nov 02, 2014 11:05 AM
Lisa Friedman
Great American Dream Realty - Essex, VT
35 Years of Real Estate Experience!

Wow, fantastic post chock full of information - thank you!

Nov 02, 2014 11:11 AM
Bob Crane
Woodland Management Service / Woodland Real Estate, KW Diversified - Stevens Point, WI
Forestland Experts! 715-204-9671

Thanks for the update, I think that this is much more about government control and providing jobs for more government regulators than it is about public safety or privacy.

We gave up that privacy years ago with satelites that can and do record everything that we do, of course since the government owns these it is ok.

And with the safety argument, why is it ok to use them without a camera but not with one?

 

Nov 02, 2014 02:40 PM
Anna Hatridge
R Gilliam Real Estate LLC - Farmington, MO
Missouri Realtor with R Gilliam Real Estate LLC

thank you for all the information.  We all need to be aware of the safety issues and learn what we can prior to taking on the drones.

Nov 20, 2014 11:34 PM
Mark Baker
United Realty Group Wellington - Wellington, FL
Serving Palm Beach County FL

Great insight into an emerging feild.  The photos they create gives a perspective so often not seen. Plus they look fun to fly! Thanks for sharing.

Nov 27, 2014 06:12 AM
Anonymous
John

This was a great article Doug, thanks!
I would like to congratulate you on your accomplishment of being the first Realtor in the US to obtain an FAA permit to fly one specifically for R.E.
Please keep us posted.

Jan 09, 2015 07:30 AM
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