a. Source Document.
b. Originating FAA Office. AFS-820.
c. Proposed Inclusion in FAA Order System.
d. Abridged Text. September 20, 1985
Lars C. Waldner Vanguard Research, Inc. 9900 Main Street Suite 303 Fairfax,
Virginia 22031-3973
Dear Mr. Waldner:
This is in response to your letter of August 1, concerning compensation for
aerial photography.
The Federal Aviation Administration has determined that persons, other than
those authorized to conduct commercial operations, may act as pilot in
command of an aircraft in connection with any business or employment if the
flight is only incidental to that business or employment and the aircraft
does not carry passengers or property for compensation or hire.
We do not consider your taking photographs from an experimental certificated
aircraft to be an operation which constitutes the carriage of persons or
property for compensation or hire unless you were carrying a person and
camera equipment to take the photographs. The latter would be considered the
carriage of persons and property for compensation or hire within the scope of
the Federal Aviation Regulations, Section 91.319(a)(2) and, therefore, would
not be permitted. Additionally, the operation of the aircraft must be in
accordance with the operating limitations applicable to the purpose for which
the experimental certificate is issued. For example, an aircraft that has an
experimental certificate may not be operated over densely populated areas or
in congested airways.
Since we do not know all of the details concerning your proposed operation,
it is recommended that you discuss specific details with personnel of our
Washington Flight Standards District Office telephone number (202) 557-5360.
We hope this information will be helpful.
/s/ Carol S. Rayburn Manager General Aviation & Commercial Division