Aerial phototography rules (for the use of light devices)

[Emanuel]

How's in your jurisdiction?

Any personal stories of EOSHD users interesting to share with this community?

 

Interesting episode in Brazil (sorry, only available in native Portuguese) where the bird can't be 30 meters (horizontally) nearby people for justifiable reasons : D

http://g1.globo.com/bahia/bahia-meio-dia/videos/t/edicoes/v/homem-e-preso-por-importunacao-sexual-apos-filmar-mulheres-com-o-auxilio-de-um-drone/7663339/

[Emanuel]

From that some other thread:

 

And here's more useful information on topic in Spanish:

 

On YT page it is possible to find some additional information to Spain.

[kye]

IIRC, In Canada they released new drone laws a year or two ago saying that the drone couldn’t be flown within a sizeable distance of significant locations, or any people or animals.

Good luck finding a location that isn’t within a km or two of a single other living thing.

Most of the Canadian photography youtubers released videos about selling all their drones about a month after that.

Drones will become yet another thing that governments and large corporations can routinely use but the general public are effectively blocked from using.

[leslie]

no idea about the rules but i did however  find this rather interesting. If indeed your supposed to stay 30 meters away from people or animals. This guy is in a alot of trouble. Pretty sure this guy breaks every rule.  I dont even think the pigeons batted an eyelid ? so its all a bit of a non issue if you ask me.

 

[Emanuel]

New European regulation from 2021 on:

https://www.easa.europa.eu/domains/civil-drones-rpas

More info here:

https://interestingengineering.com/drone-regulations-go-into-effect-in-the-european-union

https://dronerules.eu/en/professional/eu_regulations_updates

https://waypoint.sensefly.com/new-eu-drone-regulations-explained-2021/

 

[Emanuel]

source

[Belle]

More actual information here also:

https://www.heliguy.com/blog/2020/11/24/dji-drones-retrospective-ce-class-marking/

[Emanuel]

New regulation opens three ways:

1) No required authorisation;

2) No difference between non-commercial and commercial usage;

3) the vast European territory to include as for instance UK or Norway beyond EU under the same umbrella.

 

Besides, the chance for "toy" certification under the Directive 2009/48/EC.

 

Here's a more detailed useful chart then:

source

[Emanuel]

Some other interesting stuff to have in mind too from new current regulation -- there's a difference between 'uninvolved' and involved people, i.e. some significant definition for filmmakers... ; )

 

Who is an ‘uninvolved person’?

‘An uninvolved person is a person who is not participating in the UAS operation or who is not aware of the instructions and safety precautions given by the UAS (drone) operator’. 

A person is considered involved if he/she decides to be a part of the operation, understands the risk and is able to check the position of the drone while it is flying. 

Therefore, in order to be considered ‘involved’ in the operation, a person needs to:

give consent to be a part of the operation (e.g. consent to be overflown by the drone); the consent needs to be explicit; 

receive from the drone operator/remote pilot instructions and safety precautions to be applied in case of an emergency situation; and

not be busy with any other activities that would make the person unable to check the position of the drone and, in case of an incident, take action to avoid being hit. 

Writing on a ticket that a drone will be used during an event is not considered sufficient, since the drone operator needs to receive individual explicit consent and make sure people understand the risk and the procedures to be taken in case of an emergency.

During the operation, it is expected that involved persons will follow the trajectory of the drone and be ready to take action to protect themselves in case the drone behaves unexpectedly. If, during the UAS operation, people are busy working or watching something that is not compatible with monitoring the trajectory of the drone, than they cannot be considered to be involved.

Examples of uninvolved people: 

spectators gathered for sport activities, concerts or other mass events;

people in a beach or in a park, or walking on the streets.

An uninvolved person is not only a person who is directly exposed to a drone, but could also be a person who is in a bus, car, etc., and who is indirectly exposed. For example, if a drone is flying over a car, its driver should be considered to be an ‘uninvolved person’. The reason is that a drone flying close to a car (even if it does not impact it) could possibly distract its driver and therefore cause a car accident.

 

Regulatory reference: GM1 Article 2(18) Definitions, ED Decision 2019/021/R.

[Belle]

These rules are a game changer now.

[Emanuel]

In fact, an open category to open possibilities for commercial/paid work without so many limitations as before predicted, as well, two categories actually: under (A1+A3) and above 900 gr* (A3) without CofC theoretical test (A2):

 

* in Portugal as for instance, it is required insurance above that mark

 

more info here

https://www.easa.europa.eu/the-agency/faqs/open-category

[Emanuel]

7 hours ago, Emanuel said:

Here's a more detailed useful chart then:

source

Along the transition span and without CofC theoretical test and while manufacturers don't have retrospectively CE class marked their birds to benefit them at least to fly closer to people without needing a standard permission, I think there's no much advantage to any aircraft under 500g for now in any way other than as not requiring online training and foundation test.

Here is the transition period well explained:

https://www.easa.europa.eu/faq/116508

[Emanuel]

17 minutes ago, Emanuel said:

(...) I think there's no much advantage to any aircraft under 500g for now in any way other than as not requiring online training and foundation test.

I stand corrected only for those under 250g because I meant the DJI Mini 2 in mind. Above 250g, it is required such online training and foundation test.

Here's more some useful information about the CofC theoretical test (in UK) that you can do online, the exam included:

https://www.coptrz.com/shop/cpd-training-courses/a2-certificate-of-competency-a2-cofc/

[Emanuel]

 

[kye]

6 hours ago, Emanuel said:

 

Great shots he managed to get, but yeah - there's no way I'd even try.  With all the regulations being different across different countries, with almost everything cool (or just everything) off-limits to fly near, and the...  let's say...  "unpredictability" that members of law enforcement sometimes exhibit in various countries, I wouldn't even bother buying one.

[herein2020]

I have been flying commercially since 2014, here in the USA the countrywide laws are pretty reasonable, the drone has to be registered, below 55lbs, and if you are flying commercially you need to be Part 107 licensed. Also, the maximum altitude is 400' AGL unless you are within 400' of a structure taller than 400' at which point you can fly up to 400' above the highest point of the structure.

There are some other restrictions such as flying over nonparticipants, restricted airspace, obtaining LAANC approval, etc. but much more reasonable IMO than many other countries I have seen.

I have way more problems with the arbitrary local ordinances. Local governments make it very difficult to fly in parks, from city streets, etc. by restricting the ability of drones to take off or land on "their" property. Local governments cannot control the airways (this is the domain of the federal government which is regulated by the FAA), so instead they prevent you from taking off or landing. 

A fun loophole that doesn't work very often but is sometimes possible is when there is something you want to film but it is a restricted area but within flying distance from a non-restricted area. I once wanted to film a historic lighthouse on government property that banned drones so I simply crossed the street to a private parking lot and took off and landed in full view of the government employees and there was nothing they could do about it. Now if the drone had crashed or ran out of battery and landed on their side of the street I would have been in trouble.

Recently the FAA even relaxed a lot of the night flying restrictions and so now I am able to fly commercially at night as well.

What I don't understand is the people who blatantly flaunt the laws then post videos on YT showing every detail of how they are breaking the law, right down to distance, altitude, GPS location, etc. This guy is without a doubt the biggest shining example of such stupidity. He got the largest fine to date which was $185,000USD for over 123 drone law infractions AFTER the FAA sent him multiple warnings and even sent him to a class about drone safety.

And this guy is just the tip of the iceburg, there are countless "range test" videos on YT where people show every detail as their drone flies over people, near buildings, way beyond VLOS, etc. I don't think there is a single person who owns a drone who hasn't broken one of the rules at some point but posting full details and video of it borders on lunacy in my book.

As far as interesting stories, I used to shoot a lot of real estate photos and videos and I had a few situations where angry homeowners would approach me or threaten to call the cops because the drone was "hovering" over their property. I would tell them to go ahead feel free to call anyone they wanted because I am commercially licensed, insured, have the proper air clearance, and have no interest whatsoever in any property except the one that is about to be for sale. That approach has always diffused the situation (so far) and I even gave a few of them my business card and told them to call me when they need to sell their property.

I was also filming an event once and had the local police come running over to me to tell me to bring my drone down immediately because I was flying directly over the concert attendees and way too close to people. I calmly opened my drone case and showed them that my drone wasn't even in the air and showed them my flight path which was to simply hover over the water and parking lot nowhere near people; they let me keep flying my drone.

Another fun time was when I was filming a car race event at night and someone else was flying a drone there as well. My drone has the ability to turn off all of the lights which I did before taking off. The other drone pilot had a DJI drone which does not have this ability and his drone was hovering right over the cars and people with lights flashing all over the place. I hear the announcer state over the loudspeaker that whoever was flying the drone needs to land immediately and come see him. So he landed and got kicked out of the event while no one knew mine was silently hovering 100' higher up but was impossible to see at night.

I have drone stories for days, but those are two of the most memorable for me.

[webrunner5]

Plus, it takes years to get great at using them. And it helps if you are 20 years old doing it also.

[herein2020]

6 minutes ago, webrunner5 said:

Plus, it takes years to get great at using them. And it helps if you are 20 years old doing it also.

 

I think it does take years to get truly proficient at getting in and out of difficult situations and learning the drone's obstacle avoidance limitations such as power lines, what to do with signal loss, setting the proper RTH altitude. etc. But these days drones practically fly themselves.

I've been flying them since the days when you had to build your own FPV system, and you had to strap a GoPro to the bottom and press record before it ever left the ground. You also had to fully control the landing and there was no obstacle avoidance.

These days they practically fly themselves, the newest drones literally won't even let you land on your own and force automated landing for the last few feet of descent (landing is where a lot of drone pilots were losing control), and the cameras are incredible (4K/6K/8K, 20MP, Micro Four Thirds, Quad Bayer, etc). 

I think with the modern drones anyone can get good footage and learn to fly one; it is the fine nuances that come over time (night flying, handling strong winds, handling signal loss, landing in tight spots, etc.). But anyone could enjoy one in a wide open park, or field.  

IMO the patchwork of laws and regulations is far worse than flying the drone itself.

[webrunner5]

Yes, I have seen some pretty amazing footage as of late using drones. The quality for just normal people has really jumped up. Great stuff.

[BTM_Pix]

Nice shots but.....

Title of video : I Got Arrested in Rome - What Every EU Drone Pilot Needs to Know before flying

1st line of description : I Want to tell you my story on how I got almost arrested in Rome twice even with a drone permit.

Join us next week for my video "I Got Arrested in Madrid" where I detail precisely how I absolutely, positively didn't get arrested in Madrid either. 

The stupid thing about the shamelessly clickbait title is that it is actually an informative video that didn't require it.