ChrisM

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  1. That's very professional, so thank you. What law is being violated in your professional opinion? If there is no law being violated what needs to change? Why would one get a Land Surveyor's License if they were not providing land surveying? Any posts here are just for presenting information. There is no animosity towards other users I wouldn't think. Please don't take any arguments from non-licensed surveyor's that are drone pilots as an attack on you or your product. Simple questions are being asked to come to a reasonable resolution in this new industry. That's how growth happens. For those that have gone through the process to get a 107 license -- they are willing to follow the rules to 'fly/operate" the drone and now are just using it as a tool to provide services that don't require a survey license because they are not providing survey data to their clients.
  2. I think that is the question. What IS the end product? What is the client asking for? If what they are asking for has no reason to be done by a licensed surveyor (per state statutues) then why would a surveying Board be limiting ALL 'mapping' with a drone if what was being done or provided to the client was NOT represented as being a legal survey (for the purposes of corners, boundries, etc). IF the client expected legally binding survey data and the DSP provided that to them without being licensed, then the Board should get involved, but not before. No different than a plumber or electrician that represents themselves as being 'certified, licensed, bonded and insured' when they are in fact, not. If they do work that causes damage, harm etc. they alone are responsible for that -- regardless if someone required them to be licensed, bonded and insured ahead of time. The difference in this analogy is that the 'work' of an unlicensed plumber or electrician is still doing plumbing and electrical work -- what they are hired to do. With the drone being the tool that is used by the pilot to create 'maps' (of any kind), the difference lies in what the client is expecting in return -- data that can be used in legal circles, or data simply for the client's own use, which, any licensed 107 pilot should be able to provide to them. And no, buying a drone and getting a 107 license does not make you a professional anything. That is something that a business owner must build over time with their clients and the quality of their deliverables. Even being 107 AND a licensed surveyor at the same time does not automatically make you a 'professional' licensed UAV surveyor. Your clients ultimately determine the quality and validity of your work over time even after a Board or other authority blesses you as being 'allowed' to do so. A licensed UAV pilot Board certified surveyor can still provide inaccurate, substandard data to a client -- and then be dealt with by any ruling authority after the fact, which, doesn't provide any greater protection to the client to begin with. There can definitely be a middle ground found here. But, it can't start with blanket restrictions on ALL mapping by ANY pilots.
  3. From a public safety perspective I am curious to see if state Boards will be suing law enforcement agencies and fire departments in the future for creating orthomosaic imagery and point clouds for their investigations. They are not commercial agencies and they are not selling their ‘products’ to anyone nor are they using the data to determine boundries or contour lines. From a commercial perspective, as long as the entity makes it clear that their product is not for use in boundry determinations or other legal actions that licenesed surveyors are required for then this is a clear overreach of a Board that likely received complaints from active surveyors in this area. A licensed pilot who goes through the trouble of getting their license and runs a business is still subject to all rules and penalties if they are not doing things properly. If they provide a product to a customer and it is used improperly — they are responsible for any consequences of that. If DSPs are sued because they represented a deliverable as a ‘legal’ and precise representation of certain boundries without the help of an actual surveyor then that is their mess to deal with. Other DSPs that are creating deliverables that have nothing to do with surveying need to be left alone otherwise. If DSPs are creating point clouds to measure volumes at a mining site — licensed surveyor needed? If a property owner simply wants contour information of their own property without respect to legal boundries — licensed surveyor needed? If construction companies are using drones in their progress updates and project tracking (BIM) - licensed surveyor needed? Further info — an example state statute from Nebraska definitions: Land surveying means the establishment or reestablishment of corners and boundaries and the location of lots, parcels, tracts, or divisions of land, which may include distance, direction, elevation, and acreage, and the correct determination and description of lots, parcels, tracts, or divisions of land for, but not limited to, any of the following purposes: To furnish a legal description of any tract of land to be used in the preparation of deeds of conveyance when the description is not the same as the one in the deed of conveyance to the current owner or when bearings, distances, or measurements are needed to properly describe the tract being conveyed; To furnish a legal description of any land surveyed to be used in the platting or subdividing of the land; To determine the amount of acreage contained in any land surveyed; or To furnish a topographic plat of a lot, parcel, tract, or division of land and locating natural and artificial features in the air, on the surface or subsurface of the earth, and on the beds or surface of bodies of water for the purpose of establishing the facts of size, area, shape, topography, and orientation of improved or unimproved real property and appurtenances to the real property. https://nbels.nebraska.gov/statutes.html Notice the wording is all about ‘legal descriptions’ of corners, boundries, parcels, tracts, etc. and establishing ‘[legal] facts of size, area, shape, topography...’ etc. to the ‘real property’. Since drone operators cannot provide legal descriptions of these things then their deliverables should not be represented as such, but should not be absolutely barred from creating similar products that don’t represent to be ‘legal descriptions’, but are simply illustrations and representations of a property — free speech or not.