There are rules in place that cover aerial photography. This includes the type of authorisations that an operator must have, and whether they can fly low.
Type of authorisation you need
When someone uses an aircraft in flight to take photos from the air, it’s considered a specialised activity. This is a 'task specialist operation' under Part 138 (Aerial work operations) of the Civil Aviation Safety Regulations 1998 (CASR).
A task specialist is a crew member performing a non-safety-related function during flight – such as a camera operator.
This role is different from an air crew member. Find out more about the differences in our Part 138 Acceptable Means of Compliance and Guidance Material.
An aircraft operator must hold a Part 138 Aerial work certificate (AWC) if they are:
- conducting aerial photography for commercial purposes (selling or intending to sell images)
- receiving remuneration for the flight or its outcome (such as selling photos you took).
This also applies if the pilot or the organisation they are taking photos for receives remuneration.
Limited aerial work operation
Operations classified as limited aerial work don't need an AWC. This is where:
- the flight is for private purposes only, with no remuneration involved
- you are not operating under a commercial arrangement.
In all circumstances, operators must know and follow the rules relevant to them.
Tourism or scenic flights
For a flight to qualify as aerial work, it needs to mainly focus on photography. When passengers take photos during a flight that is mainly for tourism or sightseeing, it's not normally considered an aerial work operation.
Part 138 aerial work certificate holders must document how they classify their operations in their operations manual.
Low level flying
If you want to fly low to allow a photographer to capture images, you must follow additional rules.
This applies regardless of whether you hold an aerial work certificate.
To understand whether you can fly low in your circumstances read regulations:
- 91.265
- 91.267
- 138.275
- Chapter 9 of the Part 138 Manual of Standards (MOS) to understand whether you can fly low in your circumstances.