Montrealer fined $1,000 for using a drone to take real estate photos

Montrealer fined $1,000 for flying drone - ANNE CAROLINE DESPLANQUES, QMI AGENCY

MONTREAL – Julien Gramigna was flying high this Christmas season, until he got slapped with a $1,000 fine for flying a drone.

“I’m definitely not paying this,” he said. “It’s ridiculous. I didn’t even get a warning.”

Gramigna, a photographer, received the fine from Transport Canada while using the drone to take photos of a house for a real estate agent last summer.

Thierry Lopez, a spokesperson for the Future Shop chain of stores, where drones are currently a hot seller due to falling prices and increasingly accessible technology, found the fine surprising.

“You’re the first to tell me about a fine,” he said. “If it becomes a problem, we’ll definitely inform our customers.”

Despite their popularity, the law hasn’t kept up with the emergence of drones. Under current legislation, which dates back to 1996, recreational drones are subject to the same requirements as those used in the military, including the requirement of filing a flight plan and even that the owner get pilot training.

“They’re trying to impose a standard that makes no sense,” said Gramigna.

Transport Minister Lisa Raitt disagrees.

“I have to make sure that airspace remains safe for aircraft of all sizes,” she said in November.

Gramigna says he can’t understand how a piece of plastic that weighs less than 2 kg can be a threat to anyone.

“Even if I wanted to, I couldn’t hurt anyone with it,” he said.

It appears there is little Gramigna can do to fight the fine. Adding to his misery, he says the ticket, which he received on Tuesday, was to be paid by Dec. 15 even though it was mailed on Dec. 18.

“It looks like it was done on purpose so that I can’t even defend myself,” he said

Good one thanks Andrew

http://www.nachi.org/forum/f48/drone-flights-face-faa-hit-96465/

This is some of the laws he might not be following … Roy

If brains were dynamite, some of these “officials” couldn’t blow their nose!

When I was a (private) pilot, they couldn’t even control ultralites!

DUMB and DUMBER!!
G

They are I think just trying to make a job for them selves

Yup!
G

http://www.newsday.com/news/nation/drone-use-and-regulations-likely-to-be-taken-up-by-congress-1.9753280

Yea, I want to see Obama outlaw drone use…:roll:

here is a couple more
FAA warning to realtors:


Judge warning to FAA they do not have authority to ban use

As seen in a recent article, private use is perfectly legal. So if I include a gift of a “free aerial image” in my report, would that not comply with existing regulations? Everyone got a preview of how good they look in another recent OP.

Canadian Laws are different from USA .
I looked into this some time back and going from memory .
You need to file flight plan 45 days in advance .
You are extremely limited to height 300 ft I think .
If it is for money or profit then another bunch of rules apply.
[FONT=Calibri]Interesting. One thing I noted wrong in the article.[/FONT]
[FONT=Calibri] If the drone is used to generate income, then you need Transport Canada Flight Plan.[/FONT]
[FONT=Calibri]I think that take 45 days to process.[/FONT]
[FONT=Calibri] If however you are using it recreationally, its considered a hobby. And no flight plan is required. [/FONT]
[FONT=Calibri] [/FONT][FONT=Calibri][/FONT]
[FONT=Calibri]Just buy and fly could cause a person much grief .

Also if used to generate income you must also provide proof of insurance to Transport Canada. Flight plan take time to process too.[/FONT]

There’s a good follow up to the article with many more details at the page below:

http://blog.flitelab.com/2014/12/28/transport-canada-issuing-uav-fines/

Apparently it’s irrelevant whether you actually charge for the operation of the drone and the shooting of the images. If the end use of the imagery is commercial, then the flight operation is commercial.

A representative of the Montreal company that received the fine says a Transport Canada rep in Quebec told them: “uploading an aerial video to YouTube constitutes a commercial operation in itself since you can monetize your views. Even a LIKE on a picture posted on Facebook could technically constitute a form of gratification, which is a form of revenue.” That seems ridiculous, but it points to the vagaries of the current laws.

http://www.tc.gc.ca/eng/civilaviation/standards/general-recavi-uav-2265.htm?WT.mc_id=1zfhj#safety

Flying an unmanned aircraft
Unmanned air vehicles, model aircraft, remotely piloted aircraft systems, drones

General safety practices
Did you find this page useful?
Think safety first

More and more people are using unmanned aircraft for work or pleasure. Transport Canada regulates their use to keep the public and our airspace safe.
Aircraft without a pilot on board go by many names—unmanned air vehicle (UAV), remotely piloted aircraft system, model aircraft, remote control aircraft, and drone.
Call it what you want, but always think safety first.
Safety guidelines

You are responsible to fly your aircraft safely and legally. In Canada, you must:
· Follow the rules set out in the Canadian Aviation Regulations.
· Respect the Criminal Code as well as all municipal, provincial, and territorial laws related to trespassing and privacy

Current position:00:00:00
Total time:–:--:–
Playback percentage:
Transcript
Transport Canada expects you to follow these basic Do’s and Don’ts.
Do

· Only fly your aircraft during daylight and in good weather (not in clouds or fog).
· Always keep your aircraft in sight, where you can see it with your own eyes – not only through an on-board camera, monitor or smartphone.
· Make sure your aircraft is safe for flight before take-off. Ask yourself, for example, are the batteries fully charged? Is it too cold to fly?
· Know if you need permission to fly and when to apply for a Special Flight Operations Certificate
· Respect the privacy of others – avoid flying over private property or taking photos or videos without permission.
Don’t fly:

· Closer than 9 km from any airport, heliport, or aerodrome.
· Higher than 90 metres from above the ground.
· Closer than 150 metres from people, animals, buildings, structures, or vehicles.
· In populated areas or near large groups of people, including sporting events, concerts, festivals, and firework shows.
· Near moving vehicles, avoid highways, bridges, busy streets or anywhere you could endanger or distract drivers.
· Within restricted airspace, including near or over military bases, prisons, and forest fires.
· Anywhere you may interfere with first responders
Use this infographic to help you understand the Dos and Don’ts of flying safely:

Infographic (PDF)

Permission and safety requirements

To fly your unmanned aircraft legally, you may need to follow strict safety conditions outlined in an exemption or apply for permission from Transport Canada. It depends on the type of aircraft, its weight, as well as how and where you plan to use it.
If your aircraft:
· Weighs 35 kg or more, you need to apply for a Special Flight Operations Certificate before you can use it.
· Weighs less than 35 kg and is used for recreational purposes, you don’t need permission to fly.
Unmanned aircraft that weigh less than 25 kg may qualify for an exemption to the rules, which will allow you to fly without permission.
If your aircraft:
· Weighs 2 kg or less and you can meet the safety conditions in the Transport Canada exemption for UAVs that weigh less than 2 kg or less, you don’t need to request permission to fly.
· Weighs between 2.1 kg and 25 kg and you can meet the safety conditions in the Transport Canada exemption for UAVs that weigh between 2.1 kg and 25 kg, you don’t need to request permission to fly. However, you must notify Transport Canada by completing the submission form.
If you cannot or choose not to meet the safety conditions in the UAV exemptions, you must apply for a Special Flight Operations Certificate.
Use this infographic to help you understand the rules and find out if you need permission to fly.
Infographic (PDF)

Frequently Asked Questions

Question 1:

Do the exemptions for small UAVs apply to me?
Answer:

It depends on your type of aircraft, its weight, as well as how and where you plan to use it. Our infographic will help you understand if the exemptions apply to you or if you need permission to fly.
If you qualify for an exemption, you must meet the safety conditions at all times. For more information, please read the General safety practices for model aircraft and unmanned air vehicle systems.
Question 2:

What training is required to fly a UAV under the exemptions?
Answer:

Each exemption contains different training requirements. For example, to fly a UAV that weighs between 2.1 kg and 25 kg UAV without permission, the operator must be trained to understand:
· airspace classification and structure
· weather and notice to airmen (NOTAM) reporting services
· aeronautical charts and the Canada Flight Supplement
· relevant sections of the Canadian Aviation Regulations.
Question 3:

What is the purpose of a Special Flight Operations Certificate?
Answer:

The Canadian Aviation Regulations require Special Flight Operations Certificates so that Transport Canada can verify that operators can use their UAV reliably and safely.
The Special Flight Operations Certificate contains conditions specific to the proposed use, such as maximum altitudes, minimum distances from people and property, operating areas, and coordination requirements with air traffic services.
Question 4:

How do I apply for a Special Flight Operations Certificate?
Answer:

You must email a detailed application to the nearest Transport Canada regional office. Your application must include your contact information and describe how, when and where you plan to use your UAV, as well as how you plan to deal with the safety risks.
You can find detailed information on what you need to include in your application at http://www.tc.gc.ca/eng/civilaviation/standards/general-recavi-uav-4161.html.
If you have any questions about applying for a Special Flight Operations Certificate, please contact your regional Transport Canada office or services@tc.gc.ca.
Question 5:

How long does it take to get a Special Flight Operations Certificate?
Answer:

Transport Canada processes applications on a first-come-first-served basis, and aims to process them within 20 working days. This means:
· It may take longer if we must contact you for more information or have received a large number of applications.
· You should apply at least 20 working days before you intend to use your UAV.
Question 6:

How long is a Special Flight Operations Certificate valid?
Answer:

A Special Flight Operations Certificate is valid for a limited period of time.
If you have a proven track record of operating your UAV safely, Transport Canada may:
· Approve longer-term validity periods
· Approve larger geographic areas
· Grant new applications more quickly
Question 7:

How does Transport Canada enforce the regulations?
Answer:

Transport Canada regulates the use of all aircraft, manned and unmanned, to keep the public and our airspace safe.
If the department receives a report of an incident, one of our inspectors will verify that the operator followed the rules and used the aircraft safely. Local police may also verify if other laws were broken, including the Criminal Code and privacy laws.
For example:
· If an operator is flying for recreational purposes, it’s illegal to fly an aircraft in a way that puts aviation safety at risk. The courts would decide on the penalty.
· If an operator doesn’t meet a condition in one of the exemptions, they will no longer qualify to fly without permission and must apply for a Special Flight Operations Certificate.
· If an operator is flying an aircraft without a Special Flight Operations Certificate, and should have one, Transport Canada can issue fines up to $5,000 for an individual and up to $25,000 for a corporation.
· If an operator does not follow the requirements of their Special Flight Operations Certificate**,** Transport Canada can issue fines of up to $3,000 for an individual and up to $15,000 for a corporation.

So if you use it to not have to climb the roof and get hurt, and are not selling the picture you take, is it commercial use?

Is it just a tool?

A Realtor is not selling the picture, they are selling houses.

When you charge for the picture is when you go commercial.

Just my devils advocate interpenetration. I think the Fed, Canadian - US is over reaching their power. They don’t want to see your video in the news when you fly the fence line of Area 51…

If you use it and include the product of that use in a report for which you are paid it is commercial use.
If you use it to gather information visually and do not include a picture within the report but include in written form information gathered through the use of the drone it is commercial use.

In all instances flying a drone closer than 150 meters to a house or residential structure is prohibited unless it is for gathering information on the structure itself. If this is not the owner flying the drone and any compensation is received for the information obtained it is commercial use.

In most cases a home inspection use of a drone would fall under the new 2.1kg rules and commercial regulation would apply…
to fly a UAV that weighs between 2.1 kg and 25 kg UAV without permission, the operator must be trained to understand:
· airspace classification and structure
· weather and notice to airmen (NOTAM) reporting services
· aeronautical charts and the Canada Flight Supplement
· relevant sections of the Canadian Aviation Regulations.
Carry and provide proof of these qualification to any police or aviation official if asked.
To fly drones that Weigh between 2.1 kg and 25 kg when you meet the safety conditions in the Transport Canada exemption for UAVs that weigh between 2.1 kg and 25 kg, you don’t need to request permission to fly. However, you must notify Transport Canada by completing the submission form.
If you cannot or choose not to meet the safety conditions in the UAV exemptions, you must apply for a Special Flight Operations Certificate.
Use this infographic to help you understand the rules and find out if you need permission to fly.
Infographic (PDF)
The submission form can take upwards of two weeks to receive and thus would effectively eliminate legitimate use of drones for inspection purposes as few inspections are booked far enough in advance to submit and receive paperwork.

Not looking good for legitimate use.

2015 may be pivotal as drones take off

The final quote in that article pretty much sums up the current situation: "For now, the industry will cope with a lack of regulations, as it is a ‘very vibrant bunch, innovative and market driven,’ said Keven Gambold, consulting firm Unmanned Experts’ CEO for the Americas. But he still thinks 2015 is going to be a ‘very frustrating year.’"

http://www.unmanned-aerial.com/e107_plugins/content/content.php?content.779#utm_medium=email&utm_source=LNH+01-01-2015&utm_campaign=UAO+Latest+News+Headlines


Holiday Drone Sales Bring Unknown Safety Risk, Says Unmanned Vehicle University





With thousands of drones given as holiday gifts this year, more untested operators may create a mass safety risk in the sky, according to Darrell Slaughter, director of business development at Phoenix-based Unmanned Vehicle University](http://www.uxvuniversity.com/) (UVU).

Slaughter says that UAVs were sold at “record-setting levels” this year - many of which went to “people unfamiliar with aviation rules and regulations.”

“We, the administrators at Unmanned Vehicle University, want new drone operators to know that numerous hours of ground school training and practice are needed in order to operate and fly drones safely and efficiently,” he explains.

UVU says it is the first university in the world licensed to grant](http://www.unmanned-aerial.com/e107_plugins/content/content.php?content.397#.VKGyocKsA) doctorate and masters degrees in unmanned (air, ground, sea and space) systems engineering, as well as a certificate in UAS project management as an online curriculum.

“The drone industry cannot afford any mishaps at any time, especially at this stage in the industry’s lifecycle,” Slaughter says.

The Federal Aviation Administration recently partnered](http://www.unmanned-aerial.com/e107_plugins/content/content.php?content.769#.VKGxEcKsA) with key UAV groups to introduce the “Know Before You Fly” educational campaign, an initiative designed to give users guidance about responsibly operating small UAVs.