Why Don't I Post videos made from Drones? FAA "TRUST" Certification

Typical small, recreational drone

All Drones are subject to FAA rules

If you go to my YouTube Channel, or read this blog, you won't see any videos made from drones.  Why is that, you may ask?  The answer to that question involves FAA rules for all drone pilots, including hobbyists and "recreational flyers".

The US Government, via the FAA, has been creating and enforcing ever stricter rules about drones. According to the FAA website:

"Unmanned Aircraft Systems (UAS or drones) must be registered with the FAA........ All drones must be registered, except those that weigh .55 pounds or less (less than 250 grams) and are flown exclusively under the Exception for Recreational Flyers."  All registered drones must be labeled with the registration number.

Furthermore, the FAA website states:

"Failure to register a drone that requires registration may result in regulatory and criminal penalties. The FAA may assess civil penalties up to $27,500. Criminal penalties include fines of up to $250,000 and/or imprisonment for up to three (3) years. "

Mandatory online training required to fly legally

As of June 22, the FAA rules for recreational drone flying include taking The Recreational UAS Safety Test (TRUST) and carrying proof of test passage any time one flies a drone for recreational purposes.  It also requires that all such drones be registered with the FAA by the owner. However, even with this license, videos made for recreational purposes may not be posted here.  Why?

The FAA rules have reached the point where flying a drone and creating a video for pure "personal entertainment" is allowed, but any posting on YouTube, a personal website and even using a drone to video the gutters of one's home is considered a non-recreational "commercial" enterprise.  If I flew my drone and used it to inspect the roof of my RV, that would be a non-hobbyist, non-recreational use according to the FAA.  Such use would be automatically a "commercial" use.  Commercial use requires a different license.  

Non-recreational use has resulted in significant FAA fines and in one publicized case a fine of more than $100,000 was levied.  Well dear reader, if you want to see my videos, send me a comment with your email address and I'll consider making videos and starting a GoFundMe campaign to which you can make contributions to pay my fines.  LOL.

I have owned several drones, but I have avoided any possible use other than "personal enjoyment" which is why you have not seen any videos by me using a drone.   The registration TRUST requirement is new.

I am acquiring a FAA Part 107 drone pilot's license. That does not assure than any of my readers will ever see a video made with one of my drones.  

In 2018 the Congress directed the FAA to develop a recreational drone operator test. It only took three years but the FAA has finally issued their test and more importantly, has issued certificates of instruction/test to certain businesses. So, one is not only required to take the test, one can actually take the test, and we now know where to go to take it. A big improvement.  But keep in mind that this recreational license only allows one to fly a drone legally; it does not allow posting of videos.

This recent action has moved the testing from the FAA limbo it has been in for several years.

FAA "TRUST" Certification

Here is the way one recent article describes this certification: "The FAA Reauthorization Act of 2018 directed the FAA to develop a recreational drone operator test: the drone industry provided stakeholder input, and the result is a free, online test administered by non-government test administrators. Recreational drone flyers who pass the test will be issued a completion certificate. When asked, a recreational drone pilot must provide evidence of having taken the test. Currently, however, the FAA has not announced a system to enforce test taking or to educate consumers about the test at time of purchase. In addition to clubs such as the Academy of Model Aeronautics (AMA) and the Boy Scouts of America, TRUST will be administered by qualified educational and training organizations across the country."

However, being a "recreational drone flyer" even after passing a test, does impose serious restrictions.  According to the FAA website:

"A recreational flyer is someone who operates their drone for fun or personal enjoyment purposes only. How to fly a drone recreationally: 

1.  If your drone weighs more than .55 lbs, register your drone through the FAA's DroneZone.
2. Pass TRUST.
3. Follow safety guidelines on the FAA website or of an existing aeromodelling organization."

According to the FAA, this is the definition of "Recreational Flight": "Recreational flight is simply flying for fun or personal enjoyment." The FAA defines it this way:

"What is a Recreational Flight? Many people assume that a recreational flight is one that is not operated for a business or any form of compensation. But, that's not always the case. Financial compensation, or the lack of it, is not what determines if the flight is recreational or commercial. The following information can be used to help you determine what rules you should be operating under. Remember, the default regulation for drones weighing under 55 pounds is Part 107. The exception for recreational flyers only applies to flights that are purely for fun or personal enjoyment and weigh less than 0.55 pounds. When in doubt, fly under Part 107. 

Note: Non-recreational purposes include things like taking photos to help sell a property or service, roof inspections, or taking pictures of a high school football game for the school's website. Goodwill or other non-monetary value can also be considered indirect compensation. This would include things like volunteering to use your drone to survey coastlines on behalf of a non-profit organization. Recreational flight is simply flying for fun or personal enjoyment."

As a consequence creating drone video footage and posting here is expressly prohibited for any type of recreational flying.  

For more about the FAA rules about "recreational flight" and these are available at the FAA website:

https://www.faa.gov/uas/recreational_fliers/

BTW, I take no issue or affront with the FAA.  They are merely upholding the rules as stipulated by Congress.  Nor am I here to provide an opine if registration is a good thing or a bad thing. I leave that to the social media types, who have opinions on everything. 

Original Material: Roadtrek210.blogspot.com (C) 2021