It now appears that any estate agent going it alone' and buying their own drone for aerial photography of properties will have to secure the agreement of the Civil Aviation Authority if they are to obtain appropriate insurance.
Neville Price of Chichester-based Skyhound.co.uk - and an Estate Agent Today reader - has contacted the CAA to clarify uncertainties which have surrounded drone flying in this country.
If you fly as a hobby and there is no remuneration, and any photos are for your own personal use, you can get insurance as a hobbyist. If agents are using that [status] to fly, if they have an accident and someone claims, it'll very quickly become apparent the insurance doesn't cover them for any commercial work Price has told Estate Agent Today.
However, to obtain appropriate insurance for commercial purposes, CAA agreement is required; to do that, insurers will require a copy or the original paperwork giving consent.
All agents currently or potentially using drones, contacted by Estate Agent Today, say they intend to use third-party organisations such as Skyhound and the many others which are now being set-up as this technology matures.
The CAA's response to Price's queries puts considerable emphasis on the fact that agents are, of course, paid by vendors for the production of photographs from drones. This payment - whether in cash or kind, in fact - counts as valuable consideration' and renders the purpose of the drone flight to be commercial, and not hobby.
Aerial Work is defined within the Air Navigation Order (at article 259) to mean any purpose, other than commercial air transport or public transport, for which an aircraft is flown if valuable consideration is given or promised for the flight or the purpose of the flight' says the CAA spokesman in response to Neville Price.
As is often the case with legal meanings, there is a fair bit of leeway here in terms of the interpretation, but the basic question that needs to be asked is what is the purpose of the (specific) flight'. Valuable consideration is more than just a simple exchange of money, it can be anything of value that is given to you (food, a night in a posh hotel,.the list goes on) but it needs to be given in exchange for the flight the spokesman says.
*Our thanks to Neville Price for sharing his investigative work with agents.
Comments
Based in this discussion I have decided to become a fighter pilot
Nev you'd better swot up on your trade! - There is a hidden third low battery threshold in addition to the 1st and 2nd level warnings. This uses 10.65V as its threshold. Both this voltage threshold and the 2nd Level Low Battery Warning will trigger auto-landing. Altitude can be maintained if necessary by pushing up on the throttle stick. http://wiki.dji.com/en/index.php/Phantom_2-Flight
Ned,
You just demonstrated the whole point and sheer ignorance some people have ... the fail safe system has nothing to do with the battery voltage what so ever !!
Quadcoptors raining from the sky, cars swerving off the road, drama drama. A friend has one, he flys it 50m away from people and buildings. His never falls from the sky. Another friend has a skateboard and a football and he hasn't killed anyone. Anyone would think people are being injured left right and centre if you listen to Nev. Good thing Nev is a qualified pilot or he might behead someone. Nev you mention voltage but they have failsafe systems and also I don't think people spend thousands of pounds to smash it up or take down an airliner with it! This world has gone elf and safety mad and Nev has spent money on learning common sense. Good luck Nev!
Guest (Calm ....)
Sorry if any of that came across in the least bit irate it really wasn't intended but it can sometimes be hard to convey something factual that has quite a serious side to it in a humorous manner . it really wasnt intended to be a rant though in any way, shape or form !!!!
The use of quadcopters and drone such as the DJI Phantom 2 is regulated by the CAA for commercial work.
Most notably if not used by a trained person, with CAA regulation, the person filming is liable for prosecution as per recent cases in the press...
neville, sorry you got to calm down, you need to understand anything new will get slagged on here! The more get get slagged the better you must be, ask rightmove!
Hear, Hear, Neville - well said.
(Guest) harry,
If you mean by the author the person who supplied the content i.e. me ....being concerned about people doing a better job then not in the least, anybody can go and get the required qualifications and I have no problem with competition what so ever, there are hundreds of Drone Operators out there already . with regards to offering them for free the CAA also commented
Another way to think about it is to ask yourself If the money/valuable consideration was not there, would the flight still take place
The answer to that is obviously no.
I do though have an issue with people that don't know the 1st thing about Multi rotors and the relevant safety, do you know at what battery voltage they fall out of the sky, would you have any idea what air space you're flying in what and why certain airspace may be restricted in the first place.
Do you know where to find out if there's due to be a low level air display or military flight exercise at the precise day / time and flight path you're planning on doing you're aerial photographs in - the chances are the answer's no and I could easily list another 50 reasons.
Most of the accidents will be caused by people that don't know what they're doing and when one falls out of the sky, onto a passing car which an uneducated or non-qualified pilot has no idea they shouldnt be flying near in the 1st place, said car swerves and hits a pedestrian at the side of the road (heaven forbid it's anybody you know) and then insult to injury you discover they're also not insured All this just to save themselves a bit of time and money ... that I do have issuance with and it brings the whole industry into disrepute!
I don't think people actually appreciate the responsibility they're taking on, in essence you're flying an aircraft, albeit from the ground but you are flying an aircraft that can fall out of the sky onto cars, people and property as well as collide with other aircraft carrying passengers.
If you want to be a delivery driver, you buy a van, but you also need a license, an MOT and relevant commercial insurance ........ why should this be any different, personally Id get a CORGI registered engineer to install my new boiler not some cowboy down the street.
If Estate Agents want to do it themselves I honestly don't have a problem but at least learn a little bit more about what you're taking on and understand the risks involved and at the very least make sure you're properly insured.
I never know if people are just trying to get a rise out of others or are being serious on here.
Amazon drone deliveries was purely an advertising gimmick - a bit like Ryanair saying they would charge to use the loos or provide tickets for standing only passengers.....and as for an agent doing a better job than the professionals ....to do that would take them a lot of training and a lot more expense for decent equipment rather than just a 1000 DJI Phantom. As I say, I am not in the business but do have loads of background experience.
Rubbish, if you charge for drone photos yes, but if you provide them free then that's different.
The author of this is worried agents may do a better job!
It is certainly not Health and Safety gone mad as this is a very serious business - model aircraft of almost any size can kill (and have done so in the past) if not flown to strict health and safety rules. Even 'Hobbyist' flyers are controlled under strict rules from the CAA and are not allowed to fly in a populated area or close to buildings or people not under their control. It only takes a technical fault or pilot error and the result can be disastrous. I have been a model flyer for many years as well as an instructor at a local model club plus organised flying displays so I am only too aware of all the possible things that can go wrong with a flight. The fact that drones also have the capability to fly autonomously puts them at greater risk of technical problems. You should only use properly trained and CAA authorised pilots and drones who can be properly insured for your full protection....and yes the actual drone has to have CAA approval as well. Oh...and no I do not run an aerial photography business....I sell overseas property.
will be interesting to see how the CAA react to Amazon when they start delivery by drone - no one has stood up to Amazon yet - so hopefully agents can ride on the back of Amazon when drone delivery comes to the UK
yawn, health and safety gone mad again.
Agents have been employing drones for years and have never had to seek permission of the CAA! More seriously, the money a vendor pays no sale no fee is in exchange for a sale the amount of which is not usually dependent on how much the agent pays out on the marketing. So it may be that the drone flight escapes these rules but then again, maybe not!