the FARs are Greek to everyone.. even the FAA

BT

"Wayne" wrote in message
...
Thanks for the replies everyone. If I had a friend that was commercial
rated, could he fly while I took the pictures? Would I have to pay him as
am
employee? Could we split costs, and have him to his necessary IFR stuff to
keep current and shoot some pictures while we are up?

Thanks again. The FAR's are so greek to me, I appreciate your help.
Wayne

I am thinking about taking over a small company. It is an aerial
photography business, the name makes that impossible to deny. The current
owner is comercially rated, the previous owner was not.

This one has been taken both ways by the FAA. They have prosecuted guys
for doing aerial photography without a commercial, and specifically
listed it as allowed as "incidental" and thus only requiring a private.

There were differences in the two cases. In the first case, where they
ruled that a commercial was needed, the pilot was clearly "holding out"
to the public. He had a studio that was specifically advertising
"aerial photography" and soliciting business of that type. The FAA
violated him and it was upheld.

In the second case the person *was* a professional photographer.
However, what he was doing was flying over areas such as lakefront
housing and taking pictures. He was then blowing up the pictures and
going door to door trying to sell "this beautiful aerial photo of your
home." Some local FAA type violated the guy, but it was determined that
the flying was not the primary business - i.e. the photography was, and
only a private ticket was required.

So... no assurances. **Probably** if you are interested in taking
pictures from the air and trying to sell them then you are okay. If,
however, you want to start running advertising touting "Aerial
Photographer for hire" then you better get a letter ruling just for you,
just to be safe. [Or just get the commercial.]
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