As Realtors we are
always looking for better ways to photograph a house. Aerial real-estate
photography is becoming an important part of marketing properties, especially
high-end homes. Using lightweight radio-controlled helicopters to shoot photos
that show homes in context to neighbors, golf courses and other nearby
landmarks is a new business, and the federal (FAA) rules are not clear. But
Realtor or not, flying drones in the neighborhood will likely be frowned on by
the neighbors, especially those who practice their second amendment rights.
The FAA does authorize the use of Unmanned Aircraft Systems
(UAS) also known as drones, for important missions in the public interest, such
as firefighting, disaster relief, search and rescue, law enforcement, border
patrol, military training and testing and evaluation. And they allow model
airplanes and UAS helicopters to fly in a controlled environment.
Today, drones are in our daily vocabulary thanks to our war
efforts. And drones perform border and port surveillance for the Department of
Homeland Security, they help with scientific research and environmental
monitoring for NASA and NOAA, and they support public safety by our law
enforcement agencies, help state universities conduct research, and support
various other missions for public (government) entities.
But not so much in Florida. Florida SB 92 defines what a drone is and limits their
use by law enforcement. Under Florida legislation, law enforcement may use
a drone only if they obtain a warrant, there is a terrorist threat, or “swift
action” is needed to prevent loss of life or to search for a missing person.
The law also enables someone harmed by an inappropriate use of drones to pursue
civil remedies and prevents evidence gathered in violation of this code from
being admitted in any Florida court.
Recreational use of airspace by model aircraft is covered by
FAA Advisory Circular 91-57, which generally limits operations to below
400 feet above ground level and away from airports and air traffic. The FAA
clarified that AC 91-57 only applies to modelers, and specifically excludes
individuals or companies flying model aircraft for business purposes. An operator of radio-controlled aircraft can
mount a camera on it and shoot video for his or her personal use, but may not
sell the photos or video, and therein lies the rub. Some
owner/operator/photographers get around the rule by shooting the photographs
for free, but charge for a copy on a disk or flash drive. There are many ways
to skin a cat, as they say.
The FAA is not a
prosecutorial agency, but it would send a cease-and-desist letter if it became
aware of the unauthorized commercial use of a UAV (unmanned aerial vehicle). By
their own admission, there are probably thousands of UAV photographers around
the country and the FAA cannot police them all. And there are more up there
everyday now that a solid quadcopter is sold at retail in the $500 range. The
Federal Aviation Administration estimates that more than 7,500 small UAVs will
be flying in the national airspace in the next five years.
At the Consumer
Electronics Show last month in Las Vegas, the DJI Phantom, a 5-pound
aircraft with 14-inch blades, which can fly on battery power for about six
minutes with a camera or 25 minutes without, made a big hit. Called a
quadcopter, it’s designed as an eye in the sky, and works perfectly for aerial
photography. If you’re interested just “Google” them and check out the videos.
Dane Hahn is a real
estate professional serving Sarasota and Charlotte counties. He is affiliated
with Sarasota Realty Associates of Venice. Reach him at 941-681-0312, or dane.hahn@gmail.com. See him on the web
at www.danesellsflorida.com
No comments:
Post a Comment