TBH I was unsure whether I should even respond to this thread considering the title.
You seem to be fine with breaking the speed limit. Are you now driving at 120 mph? I doubt it.
There's the letter of the law and the spirit of the law.
Could there be a circumstance where you could fly in a fixed wing at 900 feet agl over an urban area and do so safely? I can think of many scenarios where this would be safe.
What aviation hazard do you present flying your drone at 50 feet near a 100 foot tall building in class E 4 miles from the airport (without authorization)?
Don't get me wrong. I apply for necessary authorizations and I fly safely, but it is very tempting to bend rules, if it can be done safely, and if those rules are onerous and interfere with doing business.
Had mine since 1975,I got my pilots license in 1978, over the years I have learned a couple of things about the FAA. They are much different than traffic cops, and each FAA individual is different. I have landed below minimums a couple of times and got talked to but that was about it. However they don't tolerate stupid and I have seen some pilots get their clock cleaned for doing dumb things. There is an old saying "there are old pilots, and there are bold pilots, but there are no old bold pilots" If you push the envelop long enough, it will bite you. I have learned in my old age that rules are normally there to protect you and others. Some rules are designed to protect you from yourself.
Simple.You have an assignment to take pretty pictures of the store you see in the close up below. You can see in the image on the left that it is located in a cell where the height restriction is zero. On the east side there is 300' clearance. You have authorization to fly the area according to the grid.
You could take photos from the east side including the parking lot and get some nice shots of the front of the store. But the customer also wants a few photos of that little nook on the north side, looking into it from the north.
Would it be unsafe to cross that line about a hundred yards to the west of it at 100' to take a few photos of that space? Do you think if you did that you could get in big trouble for it if caught? (For the sake of this argument the only way to get the photos that the client needs is to put the drone in that space).
Or is that line set in stone and you won't fly even a foot to the west of it?
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Simple.
Explain to the client that you are not prepared to fly outside of permissions granted and certainly not to compromise safety.
At the end of the day you have the final say whether a flight takes place or not - not the client.
If he jumps up,and down and rants that he want his picture from that angle, I smile, pack up, and walk away. My retainer, deposit for the job which is non refundable has already taken care of expenses so I am not out of pocket.
My contracts (which the client signs) stipulates the deposit is non refundable (for exactly reasons like this).I have absolutely no problem playing devil's advocate or pushing the limits in a DISCUSSION. Talking about something and questioning rules and trying to figure out what will be enforced and what is a common sense "bending," as so many here will happily do on the highways, is not wrong. (But it is wrong to pocket someone's deposit who didn't completely understand that something couldn't be done).
I'm not saying I have done or plan to do any of these things. But IMHO, it's not unsafe to veer three hundred feet into that cell, no more than it is to go 70 in a 60 zone if conditions allow for it, and IMHO the FAA is not looking to bust anyone over that. (I was given permission from an air traffic controller to fly in a zero cell. He said he had more important things to worry about than a drone at 100 feet. I ended up not doing it because I couldn't unlock my drone and used a plane instead. But he was more than willing to bend the rule for me).
My contracts (which the client signs) stipulates the deposit is non refundable (for exactly reasons like this).
My risk assements and site survey will determine what can and cannot be achieved which is made very clear to the client.
I also make it abundantly clear I will not fly outside of my CAA granted permissions for ANY reason.
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