“Drones,” my article on the commercial use of drones for photography, appeared in the Fall 2013 issue of Currents. While at that time it seemed clear that such use was prohibited under existing FAA Advisory Circulars and Policy Statements, a recent decision (March 6, 2014) by an administrative law judge with the National Transportation Safety Board (NTSB) ruled that the FAA had not undertaken the required steps to give legal effect to those circulars and statements. Thus, at the moment there is no federal law, regulation, policy or circular prohibiting the use of drones.
The March decision involved a $10,000 fine imposed by the FAA on photographer Raphael Pirker who used a drone to film a commercial at the University of Virginia. While the FAA has repeatedly claimed that flying a drone for commercial purposes is illegal, this was the first and only time the agency had attempted to impose a fine.
For the moment, at least, there appears to be no prohibition on the commercial use of drones for any purpose, including, as one commentator noted, for “beer deliveries”—at least under federal law. But before you begin sending your drones skyward to indulge in a commercial or noncommercial photographic undertaking, be sure you check state and local laws. Many state legislatures and local governments have been considering laws to restrict their use, and some laws may already be in effect.
It is unclear just what the FAA will do next, but it is likely to appeal or establish an emergency rule to prohibit commercial use of drones until it can develop appropriate regulations covering such use as it has been directed to prepare by Congress.
Bernard Friel is a charter member and past president of NANPA who also served on the board of the NANPA Foundation. A retired lawyer, Bernie has been a serious nature photographer for more than 50 years.
