Flying without a remote pilot airmen certificate is a federal crime!
Individuals in the United States wanting to fly for commercial purposes (non-recreational) are required to have an airmen certificate. Most people fly under Part 107 and obtain the remote pilot airmen certificate. This involves passing a written exam testing the operator’s aeronautical knowledge, and must also agree to fly under FAA rules.
You must also be licensed as a commercial pilot if you are receiving any form of compensation for the drone flight. Compensation includes money and non-monetary rewards such as benefits, discounts, freebies, or in-kind services. If a drone pilot receives anything of any value, directly or indirectly, for providing drone flying services this is considered compensation.
A vast majority of people do not verify the credentials of those they hire. This has allowed a large number of unlicensed / uninsured drone operators to flood the market with low-cost offerings. So, why should a realtor/roof inspector/client of any sort worry about the credentials of the drone pilot? Paying Little Johnny Down the street* $40 to shoot photos/videos with his Phantom is way better than paying a licensed, insured pilot for the ‘same’ work…right? As long as the photos turn out well, who cares where they came from? Well, unless you just love fines, you should care!
But what if I am not the one flying the drone I just hired them? You might say, “I cannot get in trouble because I’m not the one flying.” Wrong!
49 USC 46306(b) says, “a person shall be fined under title 18, imprisoned for not more than 3 years, or both, if the person— . . . (8)knowingly and willfully employs for service or uses in any capacity as an airman an individual who does not have an airman’s certificate authorizing the individual to serve in that capacity[.]”
So flying illegally or hiring someone to do so is a federal felony, and can be more costly than paying someone who took the time to get their license
“Go ahead …Make my day!” We all know that famous line from Dirty Harry. Well that’s what the FAA is saying to Realtors with their new regulations concerning drones.
It has been a while coming, those anxiously awaited regulations that allow us all the freedom we want in using these new toys to market our listings. We want that edge on the competition. Look at how cool this looks.
It’s (somewhat) common knowledge that operating a drone for commercial purposes without a license can result in civil penalties (read: fines) of up to $1,100 (per occurrence) from the FAA. However, it is a lesser known fact that you can be fined for hiring someone without an FAA license. Ignorance is not a defense for this either; as the FAA puts the burden of verification squarely on the shoulders of the client.
“Just as an update, the FAA confirmed in writing of the fines that can be applied. For a pilot who is unlicensed, the fine is $1,100 per occurrence/flight where imagery is used commercially. More importantly perhaps, the fine for the real estate agent who hires an unlicensed pilot is $11,000. Of course, if you’re an agent who bought a drone and took the photos or video yourself, you will be liable for both fines.”
Let me put that into plain words for you. Every time you take Little Johnny Down the street with you to shoot some “commercial” (that’s you) drone shots, he is liable for $1,100 in fines for each place and you are liable for $11,000 in fines. So if you have Little Johnny fly over 4 houses for you, he could face fines of up to $4,400, while you’re stuck taking out a second mortgage to cover your fines of $44,000! Then to make matters worse you are presenting them with the proof just by publishing those images on the MLS. All it takes my friends is a competitor to turn you in. We all know that never happens. None of you ever had anonymous complaints sent to the Realtor Board about some advertisement or web site that unknowingly bent the rules just a little. That never happens does it? Additionally, if the crack Ace you’ve hired accidentally crashes into something or worse…someone; guess who is liable. It is highly unlikely that Little Johnny has liability insurance since most drone insurers will not cover someone without a license.
“I had no idea!!” is what I usually hear when I tell someone about this. They then say, “How do I know for sure a pilot is legal?”
VERIFY THE CREDENTIALS OF THOSE YOU HIRE
Are they certified by the Federal Aviation Administration (FAA)? You can look up any person’s remote pilot airmen certificate Here”
Is the drone registered? All drones must be registered. 49 USC 46306(b) also says it is illegal for a person who “(5)owns an aircraft eligible for registration under section 44102 of this title and knowingly and willfully operates, attempts to operate, or allows another person to operate the aircraft when—” the aircraft is not registered.
Never interfere with a drone pilot or the aircraft!
In addition to the laws that drone users are subject to, other people can also be charged with drone-related crimes if they interfere with drone usage. For example, someone who damages or destroys a drone is a federal crime because drones are classified by the FAA as aircraft. It’s also illegal to attack someone engaged in the authorized use of a drone. Essentially, the law views attacking a drone operator in much the same way it would attack an airline pilot.
Some people choose to just operate illegally without a remote pilot certificate. There are a lot of risks to hiring illegal operators. You have to ask yourself, “Is it worth it?”. There are licensed drone operators that are insured and provide reasonable services. Use them when needed. Use them when it makes sense. Research them. Hire only Legal, Safe, Insured, Licensed operators.
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