So far the FAA’s only known case against a UAV photographer/pilot
ever to see a courtroom failed. On or
about October 17, 2011 Raphael Pirker of Zurich, Switzerland was commercially operating
his UAV over the University of Virginia. He was paid to gather video by a
communications company.
Pirker was also accused of flying the UAV at extremely low
altitudes. The FAA claimed he operated
his drone recklessly. Accordingly the
FAA issued a civil penalty of $10,000.00 against Pirker. In court however, the judge’s ruling held that
the FAA did not follow the law when they promulgated the UAV regulations.
In Denver, CO on March 6th 2014 Federal Judge Patrick G.
Geraghty reversed the FAA’s action against Pirker and that nasty fine. The judge also ruled that the FAA has no
authority over small, unmanned aircraft.
At this stage the FAA has appealed the ruling and won a stay
of the Judge Geraghty’s order pending further review in the U.S. Court of
Appeals. That means the FAA can
continue their reign of regulatory terror against commercial drone users until
the outcome of that appeal. If you are
fined by the FAA chances are that the fine could be reversed later.
As a UAV pilot you need to understand your rights. If you do the FAA will have a very difficult
time going after you. First and foremost
the FAA does not have the resources or manpower needed to chase thousands of UAV
pilots. They can barely take care of
their real business. They simply don’t
have the funds to regulate the UAV pilots.
If a UAV pilot causes injury or significant property damage
the FAA will definitely get involved if they are notified. If the FAA for any reason contacts a
suspected UAV pilot you need to know your rights and just how to respond. You can actually shut down their investigative
efforts simply by shutting your own mouth.
This is still America and there is still a Fifth Amendment
against self-incrimination and all you have to do is use it! When ANY government official asks you
questions about a UAV you may or may not be involved with you simply tell that
agent or cop, “I want a lawyer”. Do not
answer questions. Do not make excuses
and do not tell lies. SAY NOTHING AT ALL!
Local police may be involved initially and the same holds
true for them. “I want a lawyer”, should
never be too difficult to remember.
Should they try to invite you into an interview or interrogation room
simply refuse restating you’re not talking to anyone without a lawyer
present. The FAA would love to have a
police video recording of you telling them who hired you and that you were the
actual paid UAV pilot.
The FAA has to prove that you were using that UAV for a
commercial purpose. They have to
positively know who hired you. They have
to also prove that you were paid or expected payment by way of an offer or
actual payment. Of course you could
help the FAA by admitting whom you contracted with and for how much. That will seal your fate and get you ready to
write the FAA a big check.
If your client is a news organization they can be counted
upon to instantly shut down any inquiry involving a news source. If you have provided them with aerial video,
that automatically makes you their news source.
They will fight any and all subpoenas and the various shield laws
probably will protect you from exposure.
If the FAA somehow becomes aware you made a video for a
paying client they will begin by asking that client who made it and how much
was paid. If it’s not a news
organization they will rat you out in a second.
But that information is really not enough to withstand a court
hearing. That’s mostly hearsay evidence
that we ban in our courtrooms.
They absolutely will need a witness/s that will testify that
they saw you, contract with the client and actually pilot the UAV.
As for the FAA chasing the little guys shooting video for
news organizations, real estate outfits, entertainment projects or
weddings. Each investigation by the FAA
will cost them more to conduct each investigation than any fine they’d ever hope
to collect. It’s just not practical
unless of course you help the FAA make the case against you by blabbing to
them.
If you’re trying to pay your rent or grocery bill with your
camera armed UAV, go ahead and do it.
Always fly safely. Practicing
first in wide-open and uninhabited spaces is an absolute must before you can
learn to make a watchable video anyway. You should have a minimum of 25 or 30 failure
free flights behind you before you consider yourself ready to take on paying
video assignments.
The current terrific cameras like the $400.00 GoPro must
stay somewhat close to the ground for the best-detailed images. The FAA’s current 400 Foot limit is more than
enough altitude for you to work with. Helicopter news crews operate above 400 feet
but they are using special lenses on their cameras that cost well into tens of
thousands of dollars.
As for the future the FAA has put UAV regulation on the fast
track and will have some rules out soon. I fully
expect they will be far more reasonable than the current commercial use
ban.
State and local government lawmakers will quickly get
involved now too. UAV operators will
quickly need to hire professional lobbyists to appear before lawmakers to
oppose bans and other severe restrictions.
We always seem to elect really ignorant people to or legislatures and
city councils. They run government by
knee jerk.
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