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How to Avoid an $11,000+ Fine from the FAA

 


Attention Realtors! Do you use fantastic drone photographs or videos for your listing? If so, here are four (4) questions you should ask to avoid an FAA fine! The FAA applies fines to unlicensed drone pilots at $1,100 per occurrence/flight where imagery is used commercially. More importantly the fine for the real estate agent who hires an unlicensed drone pilot is $11,000 per occurrence/flight. Of course, if you’re an agent and the unlicensed drone pilot, you will be liable for both fines!

Here are how you can avoid any potential fines and get the shots you want from a contracted drone pilot.

When you hire a drone pilot Always:

1)  Ask to see the drone pilot’s FAA Remote Pilot Certificate (drone license), whether they hold any other FAA licenses, and whether it is current. Drone pilots are required to renew their certification
every two years from the initial date of issuance. If they are unlicensed, find another pilot and save $11,000!

2) Ask the pilot for a Certificate of Insurance (COI). Any licensed drone pilot can secure insurance in minutes with the aid of any number of mobile apps, and some have insurance riders through their carrier. Regardless, the potential for mishap is always present and increases when the job is large, complex, or otherwise high risk.

3) Ask the pilot whether they require any Part 107 Waiver(s) to complete the job. A commercial drone pilot can show you whether the listing falls within controlled or restricted airspace, most often found within 5 miles of an airport, heliport, or federal facility. Although some waivers can take up to 90 days to get approved by the FAA, most drone pilots have access to Low Altitude Authorization and Notification Capability (LAANC) authorization via mobile apps, which can allow for some approvals in less than 72hrs. If the pilot doesn’t know what airspace the listing is in, find another pilot.

4) Ask the pilot about their flight record and experience flying the drone used for the shoot, whether they have backup equipment in the event of a failure, and whether they fly with a Visual Observer? A good drone pilot should be able (and willing) to answer any safety-related questions you may have. If they are unable or unwilling, find another pilot.

Alternately, you could incorporate these questions into the contract agreement for the drone pilot services.

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About the author
Dr. Eugene Matthews teaches the Certificate in sUAS Drone Applications for Park University, MO, and is an FAA Part 107 Remote Pilot. Please direct any question for him to Drone@park.edu

References

Real Estate Agents Liable for $11,000 FAA fines for hiring unlicensed Drone Operators

Hiring Unlicensed Drone ‘Pilots’ Can Result In Penalties

Realtors Have Liability for Hiring an Unlicensed Drone Operator

FAA says Realtors posting drone photos and videos are required to use a Licensed FAA Commercial Drone Pilot

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Location: Kansas City, MO, USA

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