Drone Registration: Owner or Pilot?

[J. Seagull]

I've read extensively on the FAA website, but have not found concise answers to some of my questions ...

Under whose name must a drone be registered: the purchaser/owner, or the pilot?

I realize that in most cases, UAS owner and operator are synonymous.

But in this case, my friend runs a real estate company and wants to produce aerial sales videos to feature his properties, but he is not very tech-savvy. I have a background in photo and video production, and extensive experience flying RC model aircraft, and would earn my Remote Pilot Certificate. He would then pay me to shoot his real estate videos. He also intends to purchase all the equipment for this little venture.

It's important that he own this drone, as he may want others to fly it later.

I suppose an everyday analogy might be a delivery van, which a businessman purchases and registers, but which is actually operated by one or more drivers, each with their own commercial driver's license.

My questions:

1. Can he purchase and register his drone in his name although he has no intention to fly it himself?
2. Can I obtain my RPC and fly a drone which I do not own, for commercial usage?
3. I presume it is the pilot, not the owner, who must carry AMA liability insurance?
4. Is one able to fly under Section 336 rules one day, then fly the same drone under Section 107 rules the next day?

Thanks in advance for bearing with a drone newbie!

 

[Dave Pitman]

It's not complicated. If the craft is used commercially, it must be registered as such.

Whoever owns the craft should register it. Who ever pilots it for business use must hold a Remote Pilot certificate.

The 2 elements are independent.

So,

1. Yes
2. Yes
3. Either can carry insurance. It doesn't need to be any particular underwriter. If you are working for his business, it would be best if the business purchased the insurance I would think.
4. Yes, but a Remote pilot certificate holder should always follow the rules of Part 107 to be on the safe side. A craft can be operated in a business one day and as a hobby the next.

 

[J. Seagull]

It's not complicated. If the craft is used commercially, it must be registered as such.

Dave, thanks for that!

Does registering the drone for commercial use, or for that matter, the pilot possessing an RPC, preclude its recreational use? Or can such a pilot 'switch hats' depending on the recreational/commercial circumstances of the flight?

I apologize if these questions are obtuse, but as a newbie I want to adhere to the letter of the law ...

Thanks again!

 

[Dave Pitman]

Hi J..

There is nothing prohibiting someone from flying a uav, even one registered to be used commercially, as a hobbyist one day and then flying it for business the next. You could fly your friend's ( company owner's) craft for commercial work and the next day, he could fly it for fun.

The important points are; If the craft is ever used commercially, it must be registered as such. And, who ever is acting as the pilot when flown for business purposes must hold a RP certificate.

If your boss is flying the craft for fun, and happens upon a great photo that ends up being used to further a business and he doesn't hold a RP cert, he just crossed the line though.

 

[BigAl07]

@Dave Pitman has explained it very well but I want to add a few fine bullet points:

A) The RPIC decides before each and every flight if he/she is going to operate under Part 107 or 336(hobby) rules. Once the aircraft is in flight under one set of rules (Part 107 for instance) they can not "Switch gears" and suddenly fly under any other rules (part 336 rules in this scenario). When the flight starts as one endeavor the flight must be completed under those rules & regulations. You can not Mix & Match in the same flight.

B) A hobby registered aircraft can NOT be flown in a Commercial capacity at all. Hobby registration hobby ONLY flights.

C) A Commercially registered aircraft can be flown for hobby or Commercial with no realization of the operator. Commercial registration covers both aspects of flight.

D) There are some instances where hobby flight has "slacker" rules (sometimes called simple guidelines) so there may be times when it's just "easier" to fly as a hobbyist. Keep in mind that if a person holding their Part 107 credentials does something to cause an incident (hobby or commercial) your Part 107 means you know better and you could be putting your Part 107 at risk. Very much like a Commercial Truck-driver will potentially lose his Commercial License if caught driving any vehicle intoxicated and prosecuted. Even his own private vehicle infractions can "affect" his commercial operations credentials.

Great question though and good luck on getting your Part 107.

Safe Flights,
Allen

 

[J. Seagull]

Thanks, Dave and BigAl07!

Those are exactly the 'finer points' on which I needed clarification before proceeding. The FAA website, of course, has all the legalese nuts and bolts, but the practical experience of knowledgable fliers is invaluable, and you've both been immensely helpful.

Lots to learn, and it seems this forum is a great place to learn it.

Thanks again!

 

[NMUnmanned]

So, I have another question and forgive my ignorance. I thought I had a good handle on the requirements as a newly certificated Part 107 pilot, but I keep having more questions. I have a sUAS that is registered commercially through the FAA. I registered that way because I do intend to use it from time to time for commercial uses.

But, is my pilot cert and the commercial registration enough to fly that same sUAS for fun? I do not have a section 336 number (the one that is applied to the person, and can be used on all recreational drones) for recreational flying/drones. Just want to make sure I don't need both and my Part 107 Cert and the drone having a number are good enough.

Probably a stupid question, but some answers are not as cut and dry on the FAA website as I would have hoped.

EDIT:

Nevermind: I think this graphic answers it. I must have missed it. I will leave the question up anyway.

 

[BigAl07]

Commercial Registration covers both Commercial and Hobby Flights.

Hobby Registration only covers HOBBY flights. If you want to fly an aircraft commercially you simply register it as such and mark it with the commercial reg #.