Many of us in Real Estate have personally contemplated, as well as having sellers asking us to take aerial pictures with a Drone or UAS (unmanned aircraft system). A UAS is not considered a model airplane that can operate in airspace that is under 400 feet. The model airplane is covered by the FAA under the FAA Advisory Circular 91-57 (PDF) and the UAS (drone) is currently not allowed to operate legally in the airspace without an exemption.
Currently, UAS’s are used under controlled conditions by the Department of Homeland Security, NASA, and NOAA. Any individual who is considering using a UAS for their business need to apply for a Special Airworthiness Certificate in the experimental category.
The FAA has been working to update and add provisions in the “Special Rules for Certain Unmanned Aircraft Systems,”, Section 333 which will allow for commercial operations in low-risk, controlled environments (what a REALTOR would fall under when planning on taking pictures for their listing).
As of today only 5 companies within the US have been granted the exemption and are allowed to operate a UAS.
- Summary Grant to Pictorvision Inc. (PDF)
- Summary Grant to HeliVideo Productions LLC (PDF)
- Summary Grant to Snaproll Media LLC (PDF)
- Summary Grant to RC Pro Productions Consulting LLC dba Vortex Aerial (PDF)
I am hearing that the National Transportation Safety Board placed the power to regulate small drones in the hands of the Federal Aviation Administration and that the FAA will place tight regulations on the operation of UAS (Drones) like keeping their operating height under 400 ft and within the line of site of the operator.
The other roomer I am hearing is that the FAA will ask a UAS (drone) operator to get and hold a form of pilot’s licenses to be able to legally operate a drone in the airspace. I have not seen a FAA rule or regulation come down the FAA notification pipe, but I am sure it is coming.
Currently the FAA is not opposed to prosecute anyone who is flying a UAS illegally. There is a recent case where a drone operator was fined $10,000 by the FAA for using a small, styrofoam drone to gather footage for a University.
Also, many of the MLS’s have now put a screening mechanism in place that will screen for listing pictures that possible have been taken by a UAS (Drone) and will remove them from the internet.