The Risks and Liabilities of Unlicensed Drone Operators in Commercial Use

In recent years, drones have revolutionized various industries, from aerial photography to agriculture, real estate, and logistics. Their ability to capture high-quality images, survey vast areas, and deliver goods efficiently has made them indispensable tools for businesses. However, the rapid adoption of drone technology has outpaced regulatory frameworks, leading to a burgeoning issue: the prevalence of unlicensed drone operators.

The Allure of Unlicensed Drone Operators

For many businesses, hiring an unlicensed drone operator can be an attractive proposition. These operators often charge lower fees compared to their licensed counterparts, primarily because they avoid the costs associated with obtaining certification and adhering to regulatory standards. Moreover, the ease of purchasing and operating drones has lowered the entry barrier, encouraging many to offer their services without proper credentials.

Understanding the Regulatory Landscape

In the United States, the Federal Aviation Administration (FAA) requires commercial drone operators to obtain a Part 107 certification. This involves passing a knowledge test covering various aspects of drone operation, including airspace classification, flight restrictions, and safety procedures. However, enforcement of these regulations can be inconsistent, leading some operators to bypass the certification process.

Internationally, the rules vary. Some countries have stringent regulations similar to the FAA's, while others have more relaxed or developing frameworks. This regulatory patchwork creates a complex environment for businesses operating across borders and can lead to confusion about what is legally required.

Liability for Unlicensed Drone Operators

Engaging unlicensed drone operators poses significant risks for both the operator and the client. Here's a closer look at the potential liabilities:

For the Drone Operator

1. Legal Repercussions: Operating a drone commercially without the necessary license is illegal in many jurisdictions. If caught, unlicensed operators could face hefty fines and, in severe cases, criminal charges.

2. Insurance Issues: Most insurance companies require operators to have a license to be eligible for coverage. In the event of an accident or damage, an unlicensed operator is unlikely to be covered, leaving them financially vulnerable.

3. Reputational Damage: Being caught operating without a license can severely damage an operator's reputation, making it difficult to secure future business.

For the Client

1. Liability for Accidents: If an unlicensed drone operator causes an accident that results in property damage or injury, the client could be held liable. This is particularly concerning in industries like construction or events where the potential for significant damage or injury is high.

2. Insurance Complications: Similar to operators, clients might find their insurance policies voided or claims denied if they knowingly hired an unlicensed operator. This can result in substantial out-of-pocket expenses.

3. Reputational Risks: Companies caught using unlicensed operators may face public backlash and damage to their brand image. This is especially critical for businesses that prioritize safety and regulatory compliance.

Mitigating Risks: Best Practices for Clients

To avoid the pitfalls associated with unlicensed drone operators, businesses should adopt several best practices:

1. Due Diligence: Before hiring a drone operator, verify their credentials. Ask for their Part 107 certification (or equivalent in other countries) and check their operational history.

2. Insurance Verification: Ensure that the operator carries adequate insurance that covers commercial drone operations. Confirm the details with the insurance provider if necessary.

3. Contracts and Agreements: Use clear contracts that outline the responsibilities and liabilities of both parties. Include clauses that specify the need for proper licensing and insurance coverage.

4. Regular Audits: Periodically review and audit the drone operations to ensure ongoing compliance with all regulatory requirements.

Conclusion

The use of drones in commercial activities offers tremendous benefits, but it also comes with significant responsibilities. Both drone operators and clients must prioritize regulatory compliance to mitigate risks and ensure safe, legal operations. As the regulatory landscape continues to evolve, staying informed and adhering to best practices will be crucial in navigating the complex world of commercial drone usage. By doing so, businesses can harness the full potential of drone technology while safeguarding against legal and financial liabilities.

Chris Barrera is an drone owner operator. He has been a airplane pilot for 30 years and hold certificates for commercial remote pilot part 107.