Originally Posted by
Eurowanderer
Thanks all for the feedback and links provided, I appreciate the efforts.
However, I am still a little unclear about this.
FAR 121.306 does not refer to a particular stage of flight and therefore implies that at no stage can a PED be operated in flight (with the exceptions listed)?
Correct. The PED FAR and matching federal law apply from block out to block in.
The sterile cockpit rule does not *specifically* address PED use but ANY PED use other than company tools like EFB apps is obviously a sterile violation because it's non-essential to flight ops. That's well established. So basically you can't do any photography in sterile, using any type of camera. You also cannot bring an analog type-writer and type up your term paper in sterile, etc.
Originally Posted by
Eurowanderer
FAR 121.542 is logical in prohibiting non essential duties during critical phases of flight. But the reference to a “personal wireless communications device” upon further exploration relates to “commercial mobile services, unlicensed wireless services, and common carrier wireless exchange access services” (332(c)(7)(C)(i) of the Com- munications Act)
Im not sure this really applies to non cellular blue tooth and wi fi that many cameras and GoPros have?
Yes, this is one of the rabit holes I referred to. The problem is any regulatory action on the part of the FAA falls under admin law abd they have wide discretion to interpret intent. The NTSB almost always sides with the FAA. I can guarantee you that your penalties would be upheld. You might be able to appeal to the courts based on the FCC language, but that would be a long and expensive process, and you'd be out of work the whole time. And I kind of doubt you'd win.
Originally Posted by
Eurowanderer
And FAR 121.542 refers to “duties” and “activities” under taken during critical phases of flight however a fixed GoPro suction cupped to the rear window does not require any operation from the pilot once it starts running and can be start and forget from cruise level to the gate.
The problem as I see it is that you are still "using" the device even if it requires no operator intervention. If it has wifi capability, you're probably hosed. People have gotten in trouble and fired for this, and I know one personally.
You might be able to get permission from the company to use a static film setup like that, one that you don't touch between block out and block in, but that's the only way I'd feel comfortable. And it would have to have no wireless functionality at all; the company cannot waive federal law. But another problem is your suction cup setup isn't certified by any regulatory agency not to say fall off and create a distraction or damage something in turbulence. I don't think you'd get approval.