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Oregon House Bill 3049 will hurt the Drone Industry!

4/13/2017

3 Comments

 
The proposed bill you are about to read below essentially limits drone pilots from operating over private property for more than 60 seconds. Break this rule, and you could end up paying $1,000.  
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​So, what is so bad about this bill? Well, for starters, when Representative Huffman et al wrote it out, I'm not sure there was one person present who had any ACTUAL EXPERIENCE operating a drone for hire because anyone who has would know that this bill would essentially shut down nearly every single commercial operator out there. It is a horribly written bill, full of all kinds of loopholes, and it will be completely ineffective towards its stated purpose of trying to “preserve public peace, health, and safety.”

Because a majority of my work is in real estate, I will use real estate work as the example.

When a client hires me to film or photograph a property from the air, they want the video or image to show the property in the context of its surroundings. They don't hire me to take one photo, looking straight down over the property. They want lots of photos, taken from different heights and angles, that show the different features of the house, the property, and the
property's surroundings. In order to get these shots, I need to be able to fly my drone over adjacent properties for periods of time, often longer than 60 seconds. Sometimes I need to get multiple takes of a video, requiring me to fly the same "route" more than once. Sometimes I need to hover for awhile to capture a High Dynamic Range (HDR) shot. I do this because I want my product to be of the highest quality, effective towards its purpose (selling the property or piquing interest), and to make my client happy. I DO NOT do this to "spy" on the neighbor!


What I do is completely harmless, and it is necessary in order to be successful at my job. Anything that I can see from up there is just as readily available to from an airplane that I could rent or to the general public via Google Maps. Being the fairly shy people-pleaser that I am, I will do everything in my power to avoid disturbing or upsetting neighbors or bystanders. In fact, out of the 120+ jobs I have completed over the past 2 years, I there have been only TWO instances where a neighbor was concerned for privacy. That is less than 2% of all jobs completed since I founded Southern Oregon Drone - statistically insignificant to say the least! Yet this bill claims that this is an “emergency,” to which I argue that the REAL emergency here is the fact that people are not doing their own research and actually learning real facts - they simply take whatever money-making headlines the media spews out as facts, and then bills like this get created based off of fear and a lack of understanding. If this describes you, I will personally promise you that no one cares what you're growing, doing, or playing with in your back yard - least of all someone who was hired to film the property next door. Drone paranoia is a big moneymaker for the media, and does quite a bit of damage to legitimate drone operators.

Should this bill pass, I could face a fine of up to $1,000 if I remain over adjacent private property for more than 60 seconds. Ah, but here is where the loopholes come in. Does this law imply a continuous 60 seconds, or cumulative 60 seconds? If it’s the latter, over what period of time? An hour? A day? A week? Go ahead, read the bill again. There are no answers in there!

And what if someone DID have malevolent intentions? The FAA allows us to fly up to 400 feet above the ground, and I can tell you right now that there are some great zoom lenses out there that could be placed on a drone’s camera so that any pervert or peeping tom could zoom in from the safety of public or their own property’s airspace and take a look at whatever subject they were interested in - and it would be 100% legal. I don’t mean to scare anyone; I just want people to be aware that this bill really isn’t stopping anyone from invading privacy, but it is hindering responsible operators from doing their job.

My final point is that over the past couple years, the Federal Aviation Administration has sought out the opinions and recommendations of the best and brightest in the drone industry in order to craft a set of regulations that pertain to drones. In 2016, they signed these regulations into law under 14 CFR Part 107. Guess what kind of law didn’t make the cut? THIS KIND. As someone who operates under these rules routinely (and as an airplane pilot who has seen some of the nonsense the FAA is capable of doing), I can say that the FAA did a pretty good job this time at minimizing the risk to the general public while maximizing the ability of the operator to do what they do best. To that end, there is absolutely no federal aviation regulation that prohibits or limits the flying of an unmanned aerial system (drone) over private property, and that’s for good reason. (Feel free to check out Part 107 to see for yourself, it’s a fascinating read…/s). These rules only apply to commercial drone operators (i.e. those of us who are paid or compensated to fly a drone), and we are required to obtain a Remote Pilot’s license from the FAA. In other words, if we’re responsible enough to follow the FAA’s list of rules and jump through their hoops to obtain the required license, we’re probably not in the business of spying on some old lady sunbathing in her backyard. Therefore, this bill is completely unnecessary.

I should probably note that I don’t condone anyone using a drone (or any other tool for that matter) to spy or piss off neighbors. People who do this intentionally are the few bad apples that ruin it for everyone else. Still, I can understand why people would be concerned about their privacy. In fact, I actually *might* support a similar bill if it applied to those who do NOT posses a Remote Pilot certificate, or if responsible operators could obtain a waiver that exempts us from this rule. I am not sure what that would look like or how one could prove themselves, but I would certainly be more open to a bill containing that kind of regulation over half-baked bill 3049!

This bill is going to be reviewed on April 27th, so I would humbly ask that you send a quick email to the committee with your input! Be sure to call your representatives as well. If passed, this bill could cripple a large number of growing drone service companies in Oregon, including Southern Oregon Drone. If you have no desire to help us small guys, that's okay - let me put it in terms you will understand:

If this bill is passed, say goodbye to Pizza Delivery Drones! Amazon Prime Drone Delivery probably won't make it either!


Thank you for taking the time to learn about this harmful bill! Feel free to shoot me any questions or comments you might have in the comments section below.

Best,

Michael Carlini
Founder, Southern Oregon Drone
3 Comments

Commercial Drone Jobs - Risk, and the Pressure to say Yes when you need to say NO

1/10/2017

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If you are operating your drone for hire, the FAA designates you, the holder of the Remote Pilot certificate, as the Pilot in Command of the aircraft, which means you are directly responsible for and have the final authority over the operation of the drone (FAR 107.19 (b)). This can have serious legal ramifications down the road if your drove is involved in an accident, which is why you need to learn how to recognize when you are being pushed beyond your comfort level or abilities by a paying client.

The pressure to fly in a dangerous or risky manner can be huge, and it can be easy to cave in to that pressure. When someone is offering to pay you hundreds, or even thousands of dollars to fly your drone around, how can you possibly say no? If you tell them you are not comfortable with the situation, will they reconsider hiring you and call up your competitor? If they are a repeat client, will this cause them to discontinue using your services?

It gets even harder to draw the line when you have already arrived on location and have to tell them it might not work out. Will they be upset that they have used their previous resources in vain to set up the shoot? Will they hold you responsible for money they spent to arrange the shoot?

Think like a Lawyer, then like a Pilot, and finally like a Business Person

Welcome to the life of a commercial aviator! Time to think like a lawyer, and then like a pilot, and finally, like a business man or woman. 

Whether I am the Remote Pilot in Command of my DJI Inspire  during a paid job or the Pilot in Command of a real airplane, at the end of the day, it's my name that is on the line. If the FAA catches you, or something is damaged or someone gets hurt, the FAA will look to the person whose name is on the certificate, and they could penalize you. If anyone takes you to court, the court will also reference that law you will be held responsible.

(Disclaimer: I am not a lawyer! You should probably speak to a lawyer before breathing, eating, moving, or talking these days)

So, what are some examples of situations in which a client might try to get you to do something dangerous or illegal?
  • You don't have an FAA Remote Pilot certificate (learn about it here)
  • The client wants you to fly higher than 400 feet AGL above a corn field
  • The client wants you to fly near the end of a runway at a small, untowered airport
  • The client wants you to fly 2-3 feet over the heads of a group of people at a wedding or concert, and everyone attending has given consent saying it is OK to do so
  • The client wants you to film a speedboat cruising fast down a wide river while you are controling the drone from an adjacent, fast-moving speedboat
  • The client wants you to fly the drone a mile and a half away to inspect a structure
  • The client wants you to fly at night above a rural area
  • The client wants you to fly 50 feet above the freeway while flying in the direction of traffic
Notice that some of these examples are illegal, of these examples ARE legal. The FAA say that it is legal for me to take off from an airport in the middle of the night in a tiny Cessna 172 when fog is so thick that I can't see my hand in front of my face. Just because something is legal DOES NOT mean it is smart or safe to do it. 

Recall what I said about how it is time to think like a pilot. When you learn to fly an airplane, a major emphasis is placed expecting emergencies to happen and doing everything you can, to a reasonable extent, to be prepared for them. This means that we always leave an out. Flying above an ocean or a large lake? Fly high enough so that if your engine fails, you can glide to shore. Flying across the state to visit family? Carry enough fuel on board to reach your pre-determined alternate airport in case the weather at your destination deteriorates. Ever wonder why almost every commercial airliner has at least 2 engines?

Expect failures, so when they occur, you are ready. Something to consider: when the pilots flying you and your family on vacation are zooming down the runway on take off, just moments before, they reviewed their actions for WHEN an unexpected failure occurs on takeoff and they are practically just waiting for it to happen. Their plan A is respond to an emergency; their plan B is a regular, uneventful takeoff. Thankfully they almost always get to go with plan B!

Not IF, but WHEN

If you take nothing else away from this article, I hope it is this mindset that all safe and responsible aviators share: It is not IF something is going to go wrong, but WHEN. 

One of these days, one of your motors is going to fail, or the signal between your controller and the drone is going to cut out unexpectedly. Maybe there is a very small hairline fracture in one of your props (when is the last time you cleaned and went over your props with a microscope?), or maybe your drone's plastic frame is forming tiny cracks? Perhaps your battery malfunctions, and the drone stops flying? When one of these things happens, you will thank yourself for making sure you were prepared, whether that means you had set your return home point at a safe location, or whether that means the drone is a safe distance away from people or busy streets. 

Inevitably, we will always be exposed to some kind of risk. At the very least, taking off and hovering any more than a foot or so off the ground is putting you at the risk of wrecking your drone, which means every job out there that is worth hiring a drone operator for will create this financial risk. Thus, the goal is to do everything we can, to a reasonable extent, to limit risk to our drone only. Experienced and/or arrogant drone or RC pilots out there may be rolling their eyes, but again, we need to think like lawyers, pilots, and prudent business people. Bad things WILL happen, so don't find yourself in a situation you can't get out of when they do happen. 

"Okay, sure Michael, this all sounds good on paper. But I just checked out your portfolio and you fly over all kinds of structures, roads, and cars all the time, you hypocrite!" Woah! You're getting ahead of me. I will try to move this along.

Risk Assessment

Yes - there are many applications out there that will take our drones over roads, homes, cars, buildings, and even people (If you must do this, only do this legally! check FAR Part 107.39). This is when you need to do a quick risk assessment. Here is what I ask myself:
  1. Is this Legal as per FAR 107 or do I have a valid waiver for it? If you get that funny feeling that what you are being asked to do might put others in danger, just refer to FAR 107.39 which states that no person may operate a drone in a careless or reckless manner that endangers life or property.
  2. Am I insured? Does my insurance cover this kind of operation? (remember, insurance companies aren't likely to pay out a claim if you were not operating legally, so confirm question #1)
  3. If my drone suddenly dies in midair and drops like a rock (or like a projectile if I was just hauling at 40mph), what is the worst that can happen? Will my lifeless drone slam into the windshield of a car on the freeway, causing a mass accident? Will my drone splinter into bits as it lands on the rocks or sidewalk? Will it hit someone in the head?
  4. How much am I being compensated? If I completely wreck my drone, was it in an effort to make $1,000 or $150? In other words, is there enough hazard pay at the end of the tunnel to make it worth the risk? Be sure to consider upcoming work, and how losing your drone might cause you to lose out on revenue in the near future.
  5. Finally, assess the overall situation.  Am I relaxed, or stressed for any reason? Am I choosing to fly this because I feel like I can do it safely, or is my client pushing me beyond my comfort limits? Have I already compromised safety to get the shot, and will this next action compound the risk? Am I being rushed, and possibly overlooking something? If you want to do a risk assessment like we do in airplanes, follow the PAVE model:
    1. P - Pilot: Am I healthy? Have I flown recently? Any alcohol in my body? Am I fatigued?
    2. A - Aircraft: Has it been inspected for flight? Are all components secure? Has everything been double checked? Are batteries charged and in good condition?
    3. V - enVironment: Is the weather nice enough? Are you near an airport, TFR, or a no-fly zone? Any hazardous obstacles nearby, such as power lines or trees?? 
    4. E - External Pressures: Is your client pressuring you?

So, returning to the original list of examples, lets apply what has been discussed:
  • You don't have an FAA Remote Pilot certificate (learn about it here).
    • NOT LEGAL. Don't do it.
  • The client wants you to fly higher than 400 feet AGL above a corn field.
    • NOT LEGAL. Don't do it. (side note: 99% of the jobs I have worked would not have benefited in any significant way if I were allowed to exceed 400 ft AGL. I always reassure my clients that 400 feet is surprisingly high)
  • The client wants you to fly near the end of a runway at a small, untowered airport.
    • POSSIBLY LEGAL (check airspace), but airplanes may be flying very low, and landing or taking off.  Again, this could fall under FAR 107.39. Contrary to what many pro-drone folks think, a pilot will have a hard time seeing and avoiding a drone because drones are very small and pilots are moving (relatively) very fast. And, when taking off or landing, pilots are flying within thin margins: low and slow. The last thing I want to deal with when I am flying my airplane 200 feet above the ground, flying 5 knots above the speed at which I will fall to the earth, is a drone being flown by a someone who 'didn't think it was a big deal' to fly near an airport.
  • The client wants you to fly 2-3 feet over the heads of a group of people at a wedding or concert, and everyone attending has given consent saying it is OK to do so.
    • NOT LEGAL. FAR 107.39 states that if you are flying over anyone who is not under some kind of protection, those people must be directly participating in the operation of the drone. Concert attendees or wedding guests are not directly participating in the operation of the drone. Also, FAR 107.23 states that no person may operate a drone in a careless or reckless manner that endangers life or property. Four to eight 5-inch+ diameter propellor blades spinning at 9,000 RPM just a few feet above people's heads seems reckless to me!
  • The client wants you to film a speedboat cruising fast down a wide river while you are controling the drone from an adjacent, fast-moving speedboat.
    • LEGAL, but it can be difficult and hazardous. The are A LOT of questions you need to answer beforehand, which may include:
      • How often are you able to pause and assess the new environment into which your boat has driven?
      • Are you able to keep an eye out for bridges, other boats, power lines, and other hazards?
      • Have you established a set of procedures in case your drone has a problem?
      • Have you calculated estimated ground speed based on wind speed and direction and compared it to the planned cruising speed of the boats? Do the boat drivers know and understand this limitation?
  • The client wants you to fly the drone a mile and a half away to inspect a structure
    • NOT LEGAL. You must maintain visual line-of-sight without anything other than glasses, and a drone flying 1.5 miles away will not be visible.
  • The client wants you to fly at night above a rural area
    • NOT LEGAL. Flying at night is prohibited. 
  • The client wants you to fly 50 feet above the freeway while flying in the direction of traffic.
    • Recall FAR 107.23 which states that no person may operate a drone in a careless or reckless manner that endangers life or property. Flying a drone fairly low over a bunch of fast moving cars might violate this rule. Will drivers become distracted? What if your drone's battery dies and it plummets into traffic? Is there another way to capture the shot - maybe flying parallel to the highway?
(Again, I am not a lawyer, but the rules under Part 107 are pretty self-explanatory. When in doubt, think conservatively - or ask your lawyer!)

Time to wrap this up. Here is a quick recap, and some final things to consider:
  • You are the legal Pilot in Command, and all responsibility falls onto you when things go wrong or if you get caught breaking the rules. The FAA considers your drone an aircraft, and you shouldn't take that lightly.
  • You are running a business. You need to weigh the possible costs with each decision you make. "If I crash the drone, how much will it cost to replace it? How much additional revenue will I lose because I don't have equipment available for the job?" Don't let ego get in the way of making smart decisions.
  • I have seen arrogant drone pilots working on a job and bragging about "pushing the limits" and flying dangerously and recklessly, and even poking fun at people who choose to be safe. That is stupid. Don't be that guy. You will not gain respect, and it will catch up to you, possibly costing you alot of money. What is worse, it may end up causing harm to others. 
  • You are the expert. Or at least, you should be. Take time to practice and learn as much as you can. People are paying you their hard-earned money and deserve to get what they pay for. There can be a fine line between a difficult shot and a dangerous/reckless shot. Be skilled enough to get the difficult shot and be wise enough to deny your client the reckless shot (just suggest an alternative!)
  • Finally, you need to be the one who calls the shots. If you don't feel comfortable with something, speak up and do something about it. It is your responsiblity to do so. To make things less awkward or unpleasant between you and your client when this happens, you can reference FARs, company policy, your insurance limitations, or manufacturer's limitations on your drone. If possible, provide an alternative solution and explain why doing it differently benefits the client.


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DJI Drone Cameras -  The right camera for the job, and why I use the X3

1/7/2017

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I am biased. Since I began flying drones about two years ago, I have been flying DJI products the entire time, and because of that, I am only going to write within my scope of experience (because we've got enough clowns out there writing about things that they know nothing about!), which is to say, I am going to write about DJI cameras only. While I am not very stoked about their customer service, DJI offers an incredible package for the price, and their cameras are just getting better and better. Here is the question: How do we as photographers and videographers know which one is the right tool for the job?

Historically Speaking...

I have completed approximately 107 drone jobs since founding Southern Oregon Drone (I am not counting the ~40 or so I did working for a real estate agent when I first started out) and I have never been turned down for a job because my camera was insufficient (save one time when a competitor showed up to my paid gig with a drone much bigger and 'cooler' looking to my client, but that story is for another day) . When I first founded Southern Oregon Drone, I saved up and bought a DJI Phantom 2 Vision + (the same model I had used while working for the real estate agent) and used that for a few months. I used the Vision + camera to film a variety of interesting videos, including a collection of stock footage filmed around Oregon for a customer I found through Reddit, the Gorge Flyboard tutorial video, a collection of videos filmed over Shasta Lake, and a video of a mountain biker riding all over Roxy Ann Peak. In fact, the mountain biking video was featured on the Medford Parks and Rec website, and led to some pretty big contracts later down the road!

The Vision + camera did an OK job, but I never took photos because of the fisheye lens, and all my videos had to be rendered within a black box to fit regular video players at 1080P. I would not recommend offering any kind of drone photography or videography services with this camera, though I doubt that will be an issue since that drone is no longer in production. I only used this one for a handful of jobs, and every cent I earned went towards upgrading to something better as fast as I could. 

After the Vision + I moved onto thePhantom 3 Pro. I am still of the opinion that the DJI Phantom 3 Pro is THE best drone for the money that DJI has ever made (disclaimer: I have yet to try a Phantom 4/Mavic). The image quality is virtually the exact same as the X3 on the Inspire, and I truly believe the gimbal system is better on the 3 Pro than the Inspire. The 3 Pro gimbal always kept the horizon flat when flying full-speed sideways, unlike my Inspire X3 which ends up tilting a bit. I have since had to change my shooting style to avoid high-speed sideways flight, and I have thought more than once about picking up a Phantom 3 Pro again just for those types of shots. I don't operate with a backup as of now, but if I ever do, the 3 Pro will be a main contender for the spot. The 3 Pro is also MUCH more compact and easy to transport into challenging environments than the Inspire. All work on the Jones Bikes videos was filmed with the 3 Pro, and I had to bike that drone in a backpack all the way up into the mountains. All work done between August 2015 and May 2016 was done using the 3 Pro.

Understanding Your Market

Before selecting a camera, it is important to understand who it is that is providing  the most revenue NOW (you may be seeking to serve other markets which may require different equipment, but focus on optimizing your current check writers first). The majority of my work is in real estate, with various jobs here and there in other industries. I work with producers from time to time as well, and admitedly they are a little more particular about equipment. But when they contact me, they have always already looked through my portfolio and have deemed my work to be of high enough quality. Which leads me to my next point...

Which DJI drone camera do I currently use?

Today I use the Inspire 1 with a regular old X3 hanging from it. DJI has since released a variety of new cameras, including the Z3 (basically an X3 with optical zooming), the X5 (micro 4/3 camera), theX5R (X5 with Cinema RAW capabilities), and now the X4S and the X5S for the Inspire 2. Could I afford to upgrade to an X5, X5R, or even to the new Inspire 2? Yes. Will I? No. At least not right now.

This is what this article boils down to. The vast majority of my clients - excluding some hollywood and national TV level producers - will not care if I am using an X5 or an X3. In fact, most of them couldn't even tell the difference. The X3 currently costs between $450 and $500 online. The X5 is more than 3x the price at $1800. As a business decision maker, the cost does not justify the benefits. 

Think you need the X5 in order to be competetive? Think again. Here are some clients that have hired me, and for whom I filmed with the X3:

-HGTV on 4-day shoot for an episode of Beach Hunters in Seaside, Oregon
-Garmin on a 2-day shoot for a series of web-based lifestlye videos for their fitness watches
-Lexus on a 12-hour shoot filming their cars along the Oregon Coast

If these national and international brands were happy with the X3 footage, is an upgrade necessary? Too often I see amateur and professionals alike using the excuse that their equipment is holding them back. This is just that - an excuse. Heck, if these clients were happy with the X3, the camera on the Phantom 3 Pro would have provided the same image. We all know a professional photographer could do some pretty incredible things with a Canon Rebel and a kit lens, just like an amateur could take some bad photos with a Canon 5D. DJI cameras are no different. 

I want to clarify: the X5 IS a better camera and if you have it already or can spare the $1800, you should get it. Photos are larger, low light settings are much better, and the image quality - especially to a professional eye - is improved. But this will cost you flight time due to increased weight, and you've essentially doubled your financial risk by flying the X5 on your Inspire. Watch out for the trees... for real!

(If you are wondering why I have not brought up the X5R, it is because that camera is truly overkill for what I do, and what most commercial drone operators do. Even the documentary and TV commercial filmmakers I work with wouldn't need Cinema RAW. It is extraordinarily expensive, as is the solid-state memory needed for it. I would only ever go with the X5R when filming for a Hollywood-calibre piece)

I do, in fact, offer an upgrade option to clients who want the benefit of a Micro 4/3 camera and lens options. I usually just pass along exactly what the rental company is charging me for the rental, plus a little hazard fee if I am flying over water. My Inspire 1 is fitted with the adapters for the X5, but I have yet to have any client take me up on this offer. Some have expressed interest, but at the end of the day they elect to have me use the standard X3 because they just don't find the X5 upgrade worth the money. And yes, every firm that has asked about the X5 has had the financial ability to upgrade.

​Truth be told, I will probably upgrade to the X5 at some point this year, but it has more to do with my own desire to have a micro 4/3 camera in the air than it does to please clients. Put another way, there is still not a great demand for the X5 from my client base, so investing in one really won't provide any greater of a return than my current X3. The reason I want to acquire an X5 is for its improved low-light capabilities and 16MP photos, as well as for ground-based shooting with my Osmo.

At the end of the day, professional drone photographers need to think of their operation as a busiess, because it is a business. Don't get caught up in the flashiest, coolest, newest, "bestest" gear if it is not the right tool for the job. Determine your clients' needs and invest in the equipment that will satisfy them. 

Ready to upgrade your professional drone rig?

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    Author Credentials

    Michael Carlini - Founder of Southern Oregon Drone, Remote Pilot, Commercial Fixed-Wing Pilot

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