Flying for a 501 C question, looking for clarity

[Shadowghost]

I have an opportunity to fly for a 501(C) Veteran Organization. Since I do not have my 107 license could I fly and film and donate the footage since it is a Charity? If not I can wait to fly for them at the next event.

Shadowghost

 

[LUIS MARTINEZ]

I have an opportunity to fly for a 501(C) Veteran Organization. Since I do not have my 107 license could I fly and film and donate the footage since it is a Charity? If not I can wait to fly for them at the next event.

Shadowghost

I have an opinion but rather than get a half dozen different opinions here you should call your local FSDO.

Flight Standards District Offices (FSDO)

www.faa.gov

 

[BigAl07]

I can tell you without a doubt (officially) that you can NOT fly "FOR" any entity without your Part 107. It's not about the data you collect/deliver it's about the fact you can not Hobby/Recreate for another entity.

Had you merely done this on your own and worded it differently you "might" have an out.... but you stated

I have an opportunity to fly for a 501(C) Veteran Organization

and by that mere statement you closed the door on your endeavor.

Will anyone ever know/care you did this without your Part 107? Probably not but you've already muddied the water asking the question that most likely you had a strong gut feeling you knew the answer for.

Would I do this w/o Part 107? Absolutely NOT! Are things like this done each and every day without Part 107? Absolutely YES. It's still illegal and it could shine a negative light on the organization if there was some type of incident and ABC dept gets involved.

Anytime you have a question like this you want to get the OFFICIAL ruling from your local FSDO but I can tell you from first hand experience (and the fact I work with the FSDO as a FAA Safety Team Rep) you can not Hobby/Recreate for another person/entity. Remember it's not the data (pictures/video etc) that matters... it's the intent of the flight itself.

 

[PhantomFandom]

I have an opportunity to fly for a 501(C) Veteran Organization. Since I do not have my 107 license could I fly and film and donate the footage since it is a Charity? If not I can wait to fly for them at the next event.

Shadowghost

The above post by @BigAl07 was 100 percent correct. I also had an opportunity to fly for a 501(c)3 non-profit organization two years ago to take some aerial footage of an outdoor fund-raising event. That was before I had my Part 107 license and I specifically did not do the flight because of that. My intent was to take pictures and video and then hand it over to them (free of charge) so that they could use it in any way they wanted. That is outside of the definition of recreational flight, so I did not do it. Yes if I had not said a word to anyone and "taken the footage strictly for my own pleasure" and then decided later to give them to the non-profit, it would technically have been OK, but it's sketchy.

This year (actually this coming Sunday) I am doing this for them. Here is another benefit of doing this totally above board. It is a large event with a police presence. What if a police office comes over to ask what I am doing or hassles me because they don't know the laws and regulations? I have coordinated my flight with the director of the organization, who has notified the PR firm, their attorney, and the liaison for the police. I have everything in writing so that everyone knows this is a sanctioned flight. It's always best to be over prepared.

In your shoes, I would say, do not do it. Wait till you are licensed and then you can do it all legally.

 

[Shadowghost]

I have an opinion but rather than get a half dozen different opinions here you should call your local FSDO.

Flight Standards District Offices (FSDO)

www.faa.gov

Thanks, I will contact them. Much appreciated.

Shadowghost

 

[Shadowghost]

The above post by @BigAl07 was 100 percent correct. I also had an opportunity to fly for a 501(c)3 non-profit organization two years ago to take some aerial footage of an outdoor fund-raising event. That was before I had my Part 107 license and I specifically did not do the flight because of that. My intent was to take pictures and video and then hand it over to them (free of charge) so that they could use it in any way they wanted. That is outside of the definition of recreational flight, so I did not do it. Yes if I had not said a word to anyone and "taken the footage strictly for my own pleasure" and then decided later to give them to the non-profit, it would technically have been OK, but it's sketchy.

This year (actually this coming Sunday) I am doing this for them. Here is another benefit of doing this totally above board. It is a large event with a police presence. What if a police office comes over to ask what I am doing or hassles me because they don't know the laws and regulations? I have coordinated my flight with the director of the organization, who has notified the PR firm, their attorney, and the liaison for the police. I have everything in writing so that everyone knows this is a sanctioned flight. It's always best to be over prepared.

In your shoes, I would say, do not do it. Wait till you are licensed and then you can do it all legally.

Thank you really appreciate it. I believe I might do what you have done in the past and wait until the next event to fly. They hold 2 events each year.

Shadowghost

 

[2edgesword]

It's frustrating to find out that even when you're trying to do something good you run into roadblocks. But in this age of litigation (you spill a hot cup of coffee in your lap you sue the company that sold the cup of coffee) everyone is trying to cover their rear end. You could do the exact same thing for your own recreation but because someone else is also going to use it it's now a violation of the rules. Maybe the FAA will ease up on this kind of thing once the test for recreational pilots is established.

 

[Shadowghost]

Update: I contacted the FSBO and was told that even flying for a charity 501(3)C, that doing any work that promotes is considered commercial. So once I get my 107 I will be able to do the flying and not have any issues with the FAA.


Thanks again everyone for your help.

Shadowghost