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14 CFR 119.1 Aerial Photos


deadstick

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Ok,

 

We got into a chat at work. Can a helicopter do aerial photography under 119.1(e)(4) or is 119.1(e)(7) the only option?

 

One side is that neither of the root lines of (e) or (4) do not exclude helicopters and do not specify "this only applies to airplanes." However, (7) specifically addresses helicopters.

Edited by deadstick
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So how is 119.1(e)(7) APPLIED? What is an example of an operation that a helicopter flight would fall under this and not (e)(4)FWIW, I usually try to avoid posting the entire reg because it can be quite lengthy when it starts referencing other parts, like 91.147, and the formatting is usually lost.

 

 

(e) Except for operations when common carriage is not involved conducted with airplanes having a passenger-seat configuration of 20 seats or more, excluding any required crewmember seat, or a payload capacity of 6,000 pounds or more, this part does not apply to—

(7) Helicopter flights conducted within a 25 statute mile radius of the airport of takeoff if—

(i) Not more than two passengers are carried in the helicopter in addition to the required flightcrew;

(ii) Each flight is made under day VFR conditions;

(iii) The helicopter used is certificated in the standard category and complies with the 100-hour inspection requirements of part 91 of this chapter;

(iv) The operator notifies the FAA Flight Standards District Office responsible for the geographic area concerned at least 72 hours before each flight and furnishes any essential information that the office requests;

(v) The number of flights does not exceed a total of six in any calendar year;

(vi) Each flight has been approved by the Administrator; and

(vii) Cargo is not carried in or on the helicopter;

 

Thanks for the input.

Edited by deadstick
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So how is 119.1(e)(7) APPLIED? What is an example of an operation that a helicopter flight would fall under this and not (e)(4)

 

119.1(e)(7) applies when you are advertising to the general public (common carriage) commercial helicopter flight services (for compensation or hire), and you will be carrying passengers for reasons *other than* aerial photography.

You could for example be transporting these passengers to a destination of their choice, as long as it is within 25nm.

 

If you do this, you are basically doing charter work which would usually require you to be part 135 certified, which is why the FAA only allows it as an exception, and requires you to meet all these requirements:

(7) Helicopter flights conducted within a 25 statute mile radius of the airport of takeoff if—

(i) Not more than two passengers are carried in the helicopter in addition to the required flightcrew;

(ii) Each flight is made under day VFR conditions;

(iii) The helicopter used is certificated in the standard category and complies with the 100-hour inspection requirements of part 91 of this chapter;

(iv) The operator notifies the FAA Flight Standards District Office responsible for the geographic area concerned at least 72 hours before each flight and furnishes any essential information that the office requests;

(v) The number of flights does not exceed a total of six in any calendar year;

(vi) Each flight has been approved by the Administrator; and

(vii) Cargo is not carried in or on the helicopter;

 

In other words, if the flight is (only!) for the purpose of aerial photography, you can do it, even if you fly further out than 25nm, and you don't have to ask for permission first.

 

If the primary intent of the flight is not photography (or one of the other exceptions listet in 119), 119(e)(7) applies, and it can only be within 25nm and so on, and you have to ask the FAA 72hrs in advance.

Edited by lelebebbel
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