Using A Helicopter Or Plane For Taking Aerial Photographs
The CAA rules are clear on this.
There are basically two scenarios that apply.
Scenario 1
The person taking the photographs is taking them for their own private use.
For example you are given the chance to go up in an plane or helicopter and you want to take some photographs to record your flight and to show friends and family. On this occasion there are no real restrictions, as the photographs are not deemed to be for commercial use or financial gain.
Scenario 2
You ask a third person (say an aerial photographer) to take some photographs from a plane or helicopter and in return you will reward them for doing it (doesn’t have to be a financial reward) or you take photographs personally knowing that they will be used for commercial gain.
Under this scenario the CAA regulations will apply.
A summary of the regulations is as follows:
If the person taking the photographs does not own the aircraft being used or is not employed directly by the owner of the aircraft, then the owner of the aircraft must hold an Air Operator’s Certificate (AOC), this is because the photographer will be classed as a fare paying passenger (i.e. they wouldn’t be on board the aircraft if they were not taking the photographs).
An AOC means that owner of the aircraft has been approved by the CAA to take fare paying passengers on board the aircraft.
Currently there is only one AOC holder registered in Northern Ireland (WOODGATE EXECUTIVE AIR CHARTER (UK) LTD) and the plane they have is not ideal for aerial photography, the wings get in the photographs, so it takes some skilful and sometimes acrobatic flying to get the right photographs.
The reason for the AOC is that the aircraft owner and pilot are governed by additional CAA rules over and above those for owners of normal aircraft. These additional rules protect the public and fare paying passengers, and cover areas such as:
- The maximum number of hours a pilot can continuously fly for before they are required to take a break
- The aircraft must remain within a certain distance of a suitable landing area at all times in case of an emergency.
- The aircraft mustn’t be flown over the sea with fare paying passengers on board.
- The aircraft is maintained and serviced on a regular basis.
- The pilot has to attend regular refresher training sessions.
- The aircraft owner and pilot have the correct insurance.
In addition the photographer should have the correct insurance in place that covers aerial photography using full size aircraft.
If The Owner Of The Aircraft Employs A Photographer Directly
If the owner of the aircraft employs the photographer directly then the aircraft does not need to have an AOC. However the aircraft owner must still have the correct insurance for undertaking commercial aerial work. The people who knock at your door with an aerial photograph of your house are mainly from companies that own their own aircraft and employ an in-house photographer.
General Rules Concerning Commercial Aerial Photography
Microlights must not be used for the purposes of aerial photography.
Any aircraft flown for aerial work such as aerial photography must be flown by a commercial pilot.
There are strict limits on the heights that aircraft may be flown over or near to populated areas.
All aircraft must be suitably insured for aerial work.
What Actually Happens In Reality
It seems that many aerial photographers in Northern Ireland hire an aircraft from Newtownards Airfield. Some hire them under the pretense of a “flying lesson”, others just hire them for the sole purpose of taking photographs. Either way they are most likely to breaking the law, as the owners of the aircraft do not
have an AOC.
Alternatively they just ask a “friend” to take them up in a plane to take some photographs – which again is illegal.
What Happens If Something Goes Wrong Or The CAA Make A Spot Check
If anything were to go wrong during a flight or the CAA made a spot check, the CAA would look at why the aircraft was in the sky. If it was found that the aircraft was being used for aerial work (e.g. aerial photography) they would start to follow the trail back to the source (i.e. who instructed the photography)
and look at all parties involved, as well as if the aircraft owner had complied with the law.
If breaches of CAA regulations were found then the CAA would prosecute those responsible for the breach.
If something did go wrong, there is the risk that insurers of all parties involved would not pay out if the CAA rules were not adhered to by all parties. It is quite common for insurance policies to state that the insurer reserves the right to dismiss a claim if the law has been broken.
