Flying a drone - and even hiring a drone operator - without an FAA Part 107 certification can have serious legal implications for both the operator and the person or company hiring them.
Many people assume that simply registering a drone with the FAA is the only step needed to fly legally. Actually, registering a drone just means you're allowed to fly the drone for recreational purposes only.
It may surprise you to know that flying a drone for any commercial purpose without proper certification is a federal crime. Illegal drone pilots face fines, penalties, and even criminal charges:
49 USC 46306(b): “a person shall be fined under title 18, imprisoned for not more than 3 years, or both, if the person— . . . (7)knowingly and willfully serves or attempts to serve in any capacity as an airman without an airman’s certificate authorizing the individual to serve in that capacity[.]”
There are also legal risks for clients who hire unlicensed drone operators. If an accident occurs while the drone is in operation, the client could be held liable for any resulting damages or injuries:
49 USC 46306(b): “a person shall be fined under title 18, imprisoned for not more than 3 years, or both, if the person— . . . (8)knowingly and willfully employs for service or uses in any capacity as an airman an individual who does not have an airman’s certificate authorizing the individual to serve in that capacity[.]”
Beyond the legal hazards, hiring illegal drone pilots can also stain your company’s brand and reputation.
To avoid all these unnecessary risks, it's essential to verify that any drone operators hired for commercial purposes have an active FAA Part 107 certification. If they don't mention it upfront (most licensed drone pilots will proudly tout it), don't be shy about asking.
Ultimately, it's in the best interest of both drone operators and their clients to follow all regulations - including maintaining an active Part 107 certification - to avoid any legal threats.
It's just not worth the risk.
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I hope this has been helpful. Visit jkcreative.net to learn more about creative strategy consulting, video production, aerial photo/video, and how to work with me directly to improve your creative processes, project management, marketing, and more.
If you have any questions, comments, or would like to suggest a future topic, please email me at jesse@jkcreative.net.
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