Using Non Uk Registered Aircraft For Aerial Photography

It is possible to use aerial photography companies from Southern Ireland to take photographs in Northern Ireland or use foreign registered aircraft.

However as always with “red tape” it is not as straight forward as one would think. If the aircraft being used to take the aerial photographs is registered in a country outside of the United Kingdom then the operator or the charterer of the aircraft must comply with Article 140 of the UK Air Navigation Order.

This is the extract from the order:

Restriction on aerial photography, aerial survey and aerial work in aircraft registered
elsewhere than in the United Kingdom

140 (1) An aircraft registered in a Contracting State other than the United Kingdom, or in a
foreign country, shall not fly over the United Kingdom for the purpose of aerial
photography or aerial survey (whether or not valuable consideration is given or
promised in respect of the flight or the purpose of the flight) or for the purpose of any
other form of aerial work except with the permission of the Secretary of State granted
under this article to the operator or the charterer of the aircraft and in accordance with
any conditions to which such permission may be subject.

(2) Without prejudice to article 93 or to paragraph (1), any breach by a person to whom a
permission has been granted under this article of any condition to which that
permission was subject shall constitute a contravention of this article.

It is vital that if you do employ a person to undertake aerial photography in the UK then you check the following:

Is the aircraft being used registered outside of the UK.

If it is then you should request to see the permit that has been issued by the Secretary of State for the United Kingdom and if in doubt about the validity of the permit contact the aviation department at the Secretary of State’s Office to ensure that it is still valid and has not been revoked under Section 93 of the Air Navigation Order.

November 26, 2009 | No Comments »

Mast Photography | Elevated Photography

Mast Photography | Elevated Photography

This type of photography uses a camera mounted on a mast which can extend from just a few feet above the ground to 84 feet above the ground. It is also sometimes known as elevated photography or pole aerial photography (pap).

The resulting photographs show the subject that is being photographed rich in detail and are ideal for picking out specific buildings or areas of land. This type of photography also lends itself to aerial panoramas as well.

Even though the camera is high up in the air, it can still be controlled from the ground. The resultant photographs take on a 3 dimensional feel to them.

In Northern Ireland, the leading provider of mast photography / elevated photography is a company called Elevated Aspects.

Here are some examples of Elevated Aspect’s work.

An Aerial Photograph of Carrickfergus Castle

An Aerial Photograph of Carrickfergus Castle
Dundrum Castle

Dundrum Castle

Golf Courses - The 18th Hole At TAndragee

Golf Courses - The 18th Hole At Tandragee
A low aerial angle just above the trees

A low aerial angle just above the trees
A higher angle for this aerial photograph to the one on the left

A higher angle for this aerial photograph compared to the one on the left, but the same building.
November 18, 2009 | No Comments »

Benefits Of Using Mast Photography | Elevated Photography

Benefits

1. The resultant photographs are almost 2 dimensional in appearance. In this type of photograph, buildings have hardly any roof showing.

2. When photographing buildings, the views behind the building can be included in the photograph.

3. The image the camera is seeing can be viewed live at ground level, which allows the exact image to be composed prior to the photograph being taken. Ideal for people who already have a mental picture of the type of shot they want.

4. All camera settings can be controlled from ground level allowing the correct exposure to be obtained. The horizontal and vertical rotation of the camera can also be controlled from ground level.

5. Haze is not an issue like full size aircraft aerial photography is.

6. No CAA restrictions preventing its use.

7. Photography can be undertaken at short notice and for prolonged periods of time.

8. The photographs are precise and rich in detail.

9. Individual properties can be picked out and photographed on their own.

10. Can easily be deployed in a built up area

11. Eco friendly as no emissions are produced from the mast.

12. Can be deployed anywhere on land at very short notice

Disadvantages

1. Can not be used to cover large tracts of land like aerial photography using full size aircraft can.

2. Height of photograph is limited to the height of the mast

3. Some of the smaller masts (50 foot and below) can not operate in medium to strong winds with out the need for guy ropes to stop the mast from swaying in the wind. The larger masts like the 84 foot ones can be used in medium to strong winds without guy ropes.

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Benefits Of Using Remote Control Aircraft For Aerial Photography

It is possible to use remote control aircraft with cameras on board to take aerial photographs of subjects on the ground.

The law changed on the 1st January 2010 and now all remote control aircraft used for aerial photography are subject to Civil Aviation Authority Regulations (CAP722) and the operator should have a permit to operate remote control aircraft for commercial aerial photography purposes.

Failure to comply with the new rules is likely to result in prosecution, even the police are not immune.

Advantages

1. They can operate below the CAA height restrictions for full size aircraft (up to 400 feet)

2. Since they fly lower than conventional aircraft the pictures can include views as well as buildings

3. Can be deployed from almost any safe location providing a suitable take off and landing area is available

4. Not normally affected by haze like full size aircraft aerial photography is.

5. On some systems the image the camera is seeing can be viewed live at ground level, which allows the exact image to be composed prior to the photograph being taken. Ideal for clients who have already have a mental picture of the type of shot they want.

6. Eco friendly – especially the electric aircraft

Disadvantages

1. Can not be used in windy conditions.

2. A permit from the CAA is required by the operator to fly remote control aircraft:

  • Over or within 150 meters of congested areas for the purpose taking aerial photographs.
  • Within 50 metres of any person, vessel, vehicle or structure not under the control
    of the aircraft operator.
  • During take-off or landing however, the aircraft must not be flown within 30 metres of any person, unless that person is under the control of the aircraft operator.

3. Area covered is limited to the operator maintaining eye contact with the aircraft (maximum distance 500m), unless a UAV is used.

4. With electric aircraft, the time in the air is limited by the life of the batteries.  So several battery changes may be required during an assignment.

5. Non-eletric model aircraft suffer from vibration caused by the engine – if the plane does not have a suitable camera mount, the photos may be blurry.

or within 150 meters of
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Benefits Of Using Full Size Aircraft For Aerial Photography


Benefits

– A large area (up to a few square miles) can be shown in a single photograph.

– Large areas can be photographed quickly along a route, ideal for showing the terrain, the route of a river or road.

 

 

 

Disadvantages

 

There are many rules and regulations relating to this method of photography, this in turn makes it costly.

  1. Often undertaken by photographers who do it illegally.
  2. The aircraft is normally limited to a minimum height of 500 feet (about 1.8 times the length of a football pitch) or 1000 ft (3.6 times the length of a football pitch) over congested areas.
  3. This type of photography needs planning as a flight plan needs to be filed, so there is normally a lead in time between commissioning the photograph and it taking place.
  4. Haze caused by heat and pollution can result in the final photograph lacking contrast. To prevent haze being an issue, early in the morning, late evening or during the winter months are the best times to photograph from the air as the pollution haze is less prominent.
  5. To get close up photographs of buildings and objects on the ground, the photographer needs to use a telephoto lens. Careful elimination of vibration from the aircraft is required otherwise the photograph will be blurry, this is especially true if large heavy zoom lenses are used.
  6. Alternatively some photographers use very high resolution cameras and then crop the photograph on a computer afterwards. In addition the use of telephoto lens can distort the distance between subjects in a photograph.
  7. When photographing buildings using this type of aerial photography, the building normally shows up as mainly roof.
  8. Unlike some of the types of aerial photography, the views from a property can not be included in the photograph.
  9. Unless their is room in the airplane, the client is dependent upon the photographer interpreting their brief and getting the photographs they require. With some of the other types below, the client can see the exact composition of the photograph before an image is taken. Ideal if a client has a mental picture of what they require.
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Aerial Photography Using Full Size Aircraft

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.

 

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Methods Of Aerial Photography Available

Explanation Of The Aerial Photography Methods Available

Methods Available

There are several methods of taking aerial photographs that each produce a different style of photograph, these methods are:

  • Using Conventional Aircraft (plane or helicopter)
  • Remote Controlled Model Aircraft
  • Kites & Blimps
  • Masts

All, but one of the above methods (Masts) have regulations in place to control how the photography is undertaken. These regulations are imposed and policed by the Civil Aviation Authority (C.A.A.) the purpose of the regulations is to ensure that the public are not endangered and that all such operations are undertaken in a safe manner.

The most common form of aerial photography is using full size aircraft and many of the photographers who offer this service are in fact breaking the law, as they do not comply with the CAA regulations, either deliberately or they are not aware of the rules.

You can read more about the rules under each of the methods to the right.

Consequences of Breaking The Rules

A breach of CAA rules or regulations can result in revoking of licences and prosecution of parties involved with a breach.

If something goes wrong during a flight, say an aircraft crashes, or causes damage to a third parties property or even the death of a person,  the CAA will investigate. One of the things they will want to establish is why was the aircraft in the air, what was it doing?

In the case of aerial photography, if it is found that the aircraft was undertaking aerial photography illegally,  the CAA will follow the trial right back to the person that commissioned the photography.

Important

If you are considering commissioning aerial photography then please read through this website to familiarise yourself with the methods available, the costs and what to expect the final photograph to look like.

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