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Eurowanderer 03-08-2023 10:42 AM

FAA rules regarding cockpit photography
 
Greetings all,

I am wondering if anybody has any FAR reference for the use of GoPro cameras in the cockpit.

I am not interested in photography with an SLR but does leaving a gopro fixed to the side of the cockpit window violate any FAA rules?

It can go unattended from top of descent until shutdown so I cant imagine any issues with distraction/sterile cockpit etc.

Any guidance would be appreciated,

EW

trip 03-08-2023 01:40 PM

https://www.ecfr.gov/current/title-1...ection-121.306

rickair7777 03-08-2023 02:14 PM

This is the specific rule which applies to 121 cockpits: https://www.ecfr.gov/current/title-1...ection-121.542

Executive summary:

You cannot use any electronic device during block time which has the *ability* to connect via a wireless system, unless it's approved per your OPSPEC. Examples of approved devices: EFB's, and typically personal cell phones while on the ground with the brake set, to contact the company.

So you can use old school film cameras, and older digital cameras which don't have any wireless. Obviously not during sterile cockpit though.

People have gotten in trouble over this, usually after they post stuff on SM. I have a buddy who had his career derailed by such an event years ago.

That's the cliff's notes, and should keep you out of trouble. But you can go down a lot of rabbit holes with this...
there may be some unintended consequence with the wording of the law. You cannot use a device in airplane mode, doesn't matter if it's connected or not.

While the genesis of this was two NWA pilots who supposedly got distracted by a laptop and overflew their destination, the other concern behind the rule is that PEDs might interfere with aircraft systems.

Dubiousbrother 03-08-2023 05:20 PM

Some years ago a jump seater filmed the approach and landing (I was unaware they were recording with their phone).

2 weeks later the chief pilot called me. The jump seater posted the landing without my knowledge, and our HR dept intercepted her social media post.

minor carpet dance and a letter to the company and FAA on my part cleared it up.

There are some in the regulatory side of the industry who will slap you for this potentially..

Eurowanderer 03-13-2023 04:41 PM

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)?

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?

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.

Im just spit balling this and sorry to split hairs.

rickair7777 03-15-2023 07:15 AM


Originally Posted by Eurowanderer (Post 3607229)
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 (Post 3607229)
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 (Post 3607229)
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.

ZapBrannigan 03-15-2023 07:17 AM

We spend generations trying to keep cameras OUT of the cockpit, and all of the sudden the young folks want to bring their own and film EVERYTHING. 🙄

Eurowanderer 03-18-2023 01:38 PM


Originally Posted by rickair7777 (Post 3608042)
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.



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.



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.

Thanks very much for your detailed reply, I appreciate your efforts.

And yes I think it is better not to push up against some of these rules, fighting city hall just isnt worth it.

Its such a shame, the reults I have seen with very little effort can be rather impressive with modern 4K cameras and in reality can be obtained without any threat to flight safety.

Its a far cry from driving the old three holer with my Ricoh camera taking massively over exposed cockpit windows and under exposed cockpit interiors!

Thanks again.

Beech Dude 03-18-2023 04:46 PM

Just fly the damn plane people. Geez.

Eurowanderer 03-18-2023 05:36 PM


Originally Posted by Beech Dude (Post 3609677)
Just fly the damn plane people. Geez.

Yes indeed, thats exactly what I do, been doing it almost 40 years now.

But strapping a gopro to the cockpit and pressing play in no way distracts you from that task.

I do it all the time on my race car and dont even know its there until one of the mechanics reminds me to switch it off when the car is on the trailer!


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