A Changing Landscape for Aerial Photography
Pilots are all too familiar with the red tape that surrounds being in control of any aircraft both for business and for pleasure. In the United Kingdom, the Civil Aviation Authority are the regulating body whose rules we need to adhere to in order that we may carry out these operations correctly.
There have always been significant differences between flying that is considered ‘Commercial’ and that which is considered ‘Private’. The regulations that concern both Private and Commercial flying often contain grey areas that make the situation both confusing and difficult to understand.
I will try to summarise these limitations as simply as possible to those who are interested in taking aerial photography or videography yet are not qualified with either a CAA or JAA CPL. If you are already lost in the lingo here, then I can safely say that you are not commercially qualified. Please bare in mind that although this currently summarises the conditions of Commerical Aviation at present, as previously mentioned, such things are ever changing and the regulations should always be checked from the governing body themselves for your own piece of mind. There have already been many people prosecuted and disqualified for either acting without the correct licensing or for acting outside of the limitations of their currently held licence or type operating certificate.
When attempting to define a Commercial Flight and as to if the regulations will concern you then the following needs to be understood.
Although these questions sounds quite obvious, they actually are not.
Firstly “pilot”
ˈpʌɪlət/
noun
a person who operates the flying controls of an aircraft.
This is reasonably self-explanatory but leads us to define aircraft. It could be that you are pilot of an aeroplane, airship, helicopter, model aeroplane, paper aeroplane etc. If you are the person that is in the control of any of these then you need to check if you require a licence and with most of the above you almost ALWAYS do need one.
The weight and size of an aircraft very often decide the licensing requirements. Starting with the most obvious, if you are flying a helicopter or an aeroplane with an engine you are going to need a licence. You will also need to check that you have the correct Type Rating on your licence to be registered within your log book as P1 (Pilot in command). If you do not have all of these necessaries; type rating, a current medical certificate, a pilot licence and the correct approval to act upon the licence for any particular type of aircraft then you are most definitely breaking the law. If you have a helicopter PPL, and are signed off as being credible to fly (with respect to licence currency and limitations), hold a current medical certificate and also the type rating for your helicopter then you should be allowed to fly as P1. From this perspective, it is obvious that you are not permitted to fly an Airbus, and by the same reckoning, you aren’t allowed to fly a Cessna either. You do not have the necessary skills and if you were stupid enough to get inside anything you weren’t qualified for, then it is highly likely that you may kill yourself.
If you have a Helicopter PPL and apply to take an Aeroplane PPL (Private Pilot Licence) then certain areas of your course have already been adhered to and this could, but will not always, reduce the length of your training. Baring this almost certain death when trying to control an aircraft that you have little or no knowledge of makes it easier to understand why there are limitations and so much red tape.
To move away from the exact legislation for a short time, if you were to get into an aircraft and take yourself up without a PPL then you would most certainly at the very least be risking your own life and so by this consideration if you were to crash into someone’s house or even worse into someone then you would not be too stupid to understand that you are privately responsible for that. You could of course be sued and prosecuted for anything like this so it is essential that you cover yourself with the necessary licences and insurances to reduce the risks of you having any accidents.
Likewise if you are in charge of a paper aeroplane and you throw it and it was to go in someone’s eye then you would expect some consequences but you would deal with those consequences privately and, as yet, providing we aren’t talking, any paper aircraft too big, heavy, with an engine, or ejected like a weapon, I think you are still pretty safe not to let the CAA know about it. As funny as this sounds, technically even a paper aeroplane fits into the category of what the CAA describe as an “unmanned aircraft” and if it weighs over 20kg or you are going to use it commercially you are going to need to get a licence. The biggest considerations therefore surround larger 'unmanned aircraft' such as remote control helicopters and aeroplanes.
When it comes to unmanned aircraft such as model aeroplanes the CAA discuss as follows [16 Jun 2014] “Traditionally unmanned aircraft have only been used by model aircraft enthusiasts for recreational purposes. However, they are increasingly being used for professional applications such as surveillance and data-gathering. Such aircraft are likely to be operated in a way that may pose a greater risk to the general public. Unlike manned aircraft or model aircraft used for recreational purposes, there are no established operating guidelines so operators may not be aware of the potential dangers or indeed the responsibility they have towards not endangering the public.”
When considering this definition and the previous discussion, the need for regulations is apparent. If the aircraft is less than 20Kg, the following guidelines should be adhered to “A person must not recklessly or negligently cause or permit an aircraft to endanger any person or property.”. Providing that you can stick to this regulation then you are unlikely to run into any legal trouble whatsoever but as the CAA fore mention, Commercial Aviation falls into a whole different category.
From my own considerations as an aerial photographer, it is now necessary in this changing market to consider alternative ways to get aerial photography (Our Aerial Photography Page). As a Private Pilot Licence holder, I have always had access to those with a Commercial Pilot Licence when needing aerial photography or videography and this has meant that I have been able to concentrate on the media work whilst someone else controls the aircraft in the correct manner. Knightvisions Productions is now questioning the CAA regarding as to if a PPL or CPL would reduce the length of time required in the classroom in order to pilot a Quadcopter with HD camera; this blog will be updated as necessary [search for tag word ‘aerial’] - I’m sure people are interested to find what is happening there especially others like me who are already in both the field of photography and aviation.
The CAA have only been regulating such flights in a new way since 2010 and the licence that have introduced is both expensive and difficult to get hold of. There are currently only two schools offering the correct licensing
Commercial flying is any flight where you or anyone could financially benefit in any way whatsoever so as soon as you attach a camera to a Quadcopter and release the footage anywhere, it isn’t a hobby flight anymore. As to if you make a commercially viable flight is not a loop hole I’m afraid. Even if you make a loss on your video, the intention was to put the footage in a commercial environment and so you need to have the correct licence. If you were to take any money from anyone when flying them in a light aircraft then you need a CPL and likewise if you are remotely controlling an aircraft, you also need permission to earn. This is possibly down to the fact that more people are using these drones as a way to take images and videos now but this will increase the dangers involved to members of the public if people are not sure what they are doing. Regulations also need to be understood from a Data Protection point of view as well as the distance to people in which you can operate such an aircraft.
I have sent a message to the CAA asking for a more thorough answer as to if a PPL or CPL will allow a reduction in classroom time but until then, the simple answer is that even if you have a CPL then you need a type rating for a Quadcopter until you are considered safe enough by the standards that regulate you. On that very reason it would be wise to continue to get your footage from any aircraft for where you do have a type rating. The commercial licence for Unmanned Aircraft Systems (UASs) and Unmanned Aerial Vehicles (UAVs) is currently around £2,000, and this is before the costs of the equipment itself. Octocopters and other UAVs over 20Kg cost more. There have been people already prosecuted from acting outside of the law so please watch this space for more information as it becomes clearer and also keep an eye on the CAA website.
With this need in mind, Knightvisions Productions will be investing in the correct licensing and equipment this year to make things more affordable for our clients. If you would like more information, would like to be remain updated or be involved please contact us at our email address.
There have always been significant differences between flying that is considered ‘Commercial’ and that which is considered ‘Private’. The regulations that concern both Private and Commercial flying often contain grey areas that make the situation both confusing and difficult to understand.
I will try to summarise these limitations as simply as possible to those who are interested in taking aerial photography or videography yet are not qualified with either a CAA or JAA CPL. If you are already lost in the lingo here, then I can safely say that you are not commercially qualified. Please bare in mind that although this currently summarises the conditions of Commerical Aviation at present, as previously mentioned, such things are ever changing and the regulations should always be checked from the governing body themselves for your own piece of mind. There have already been many people prosecuted and disqualified for either acting without the correct licensing or for acting outside of the limitations of their currently held licence or type operating certificate.
When attempting to define a Commercial Flight and as to if the regulations will concern you then the following needs to be understood.
- What is a pilot?
- What is an aircraft?
- What is a commercial flight?
Although these questions sounds quite obvious, they actually are not.
Firstly “pilot”
ˈpʌɪlət/
noun
a person who operates the flying controls of an aircraft.
 |
| Early on in my pilot journey after going solo in 2000. |
This is reasonably self-explanatory but leads us to define aircraft. It could be that you are pilot of an aeroplane, airship, helicopter, model aeroplane, paper aeroplane etc. If you are the person that is in the control of any of these then you need to check if you require a licence and with most of the above you almost ALWAYS do need one.
The weight and size of an aircraft very often decide the licensing requirements. Starting with the most obvious, if you are flying a helicopter or an aeroplane with an engine you are going to need a licence. You will also need to check that you have the correct Type Rating on your licence to be registered within your log book as P1 (Pilot in command). If you do not have all of these necessaries; type rating, a current medical certificate, a pilot licence and the correct approval to act upon the licence for any particular type of aircraft then you are most definitely breaking the law. If you have a helicopter PPL, and are signed off as being credible to fly (with respect to licence currency and limitations), hold a current medical certificate and also the type rating for your helicopter then you should be allowed to fly as P1. From this perspective, it is obvious that you are not permitted to fly an Airbus, and by the same reckoning, you aren’t allowed to fly a Cessna either. You do not have the necessary skills and if you were stupid enough to get inside anything you weren’t qualified for, then it is highly likely that you may kill yourself.
If you have a Helicopter PPL and apply to take an Aeroplane PPL (Private Pilot Licence) then certain areas of your course have already been adhered to and this could, but will not always, reduce the length of your training. Baring this almost certain death when trying to control an aircraft that you have little or no knowledge of makes it easier to understand why there are limitations and so much red tape.
To move away from the exact legislation for a short time, if you were to get into an aircraft and take yourself up without a PPL then you would most certainly at the very least be risking your own life and so by this consideration if you were to crash into someone’s house or even worse into someone then you would not be too stupid to understand that you are privately responsible for that. You could of course be sued and prosecuted for anything like this so it is essential that you cover yourself with the necessary licences and insurances to reduce the risks of you having any accidents.
Likewise if you are in charge of a paper aeroplane and you throw it and it was to go in someone’s eye then you would expect some consequences but you would deal with those consequences privately and, as yet, providing we aren’t talking, any paper aircraft too big, heavy, with an engine, or ejected like a weapon, I think you are still pretty safe not to let the CAA know about it. As funny as this sounds, technically even a paper aeroplane fits into the category of what the CAA describe as an “unmanned aircraft” and if it weighs over 20kg or you are going to use it commercially you are going to need to get a licence. The biggest considerations therefore surround larger 'unmanned aircraft' such as remote control helicopters and aeroplanes.
When it comes to unmanned aircraft such as model aeroplanes the CAA discuss as follows [16 Jun 2014] “Traditionally unmanned aircraft have only been used by model aircraft enthusiasts for recreational purposes. However, they are increasingly being used for professional applications such as surveillance and data-gathering. Such aircraft are likely to be operated in a way that may pose a greater risk to the general public. Unlike manned aircraft or model aircraft used for recreational purposes, there are no established operating guidelines so operators may not be aware of the potential dangers or indeed the responsibility they have towards not endangering the public.”
 |
| An old photograph early in my flying career when I realised that I would like to do Aerial Photography. |
From my own considerations as an aerial photographer, it is now necessary in this changing market to consider alternative ways to get aerial photography (Our Aerial Photography Page). As a Private Pilot Licence holder, I have always had access to those with a Commercial Pilot Licence when needing aerial photography or videography and this has meant that I have been able to concentrate on the media work whilst someone else controls the aircraft in the correct manner. Knightvisions Productions is now questioning the CAA regarding as to if a PPL or CPL would reduce the length of time required in the classroom in order to pilot a Quadcopter with HD camera; this blog will be updated as necessary [search for tag word ‘aerial’] - I’m sure people are interested to find what is happening there especially others like me who are already in both the field of photography and aviation.
 |
| The future of my piloting skills and Aerial Photography abilities? A little different from what I expected but... |
Commercial flying is any flight where you or anyone could financially benefit in any way whatsoever so as soon as you attach a camera to a Quadcopter and release the footage anywhere, it isn’t a hobby flight anymore. As to if you make a commercially viable flight is not a loop hole I’m afraid. Even if you make a loss on your video, the intention was to put the footage in a commercial environment and so you need to have the correct licence. If you were to take any money from anyone when flying them in a light aircraft then you need a CPL and likewise if you are remotely controlling an aircraft, you also need permission to earn. This is possibly down to the fact that more people are using these drones as a way to take images and videos now but this will increase the dangers involved to members of the public if people are not sure what they are doing. Regulations also need to be understood from a Data Protection point of view as well as the distance to people in which you can operate such an aircraft.
I have sent a message to the CAA asking for a more thorough answer as to if a PPL or CPL will allow a reduction in classroom time but until then, the simple answer is that even if you have a CPL then you need a type rating for a Quadcopter until you are considered safe enough by the standards that regulate you. On that very reason it would be wise to continue to get your footage from any aircraft for where you do have a type rating. The commercial licence for Unmanned Aircraft Systems (UASs) and Unmanned Aerial Vehicles (UAVs) is currently around £2,000, and this is before the costs of the equipment itself. Octocopters and other UAVs over 20Kg cost more. There have been people already prosecuted from acting outside of the law so please watch this space for more information as it becomes clearer and also keep an eye on the CAA website.
With this need in mind, Knightvisions Productions will be investing in the correct licensing and equipment this year to make things more affordable for our clients. If you would like more information, would like to be remain updated or be involved please contact us at our email address.
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