Using flycam without permission: May be subject to criminal prosecution

(Baonghean) - Ultra-light flying devices with integrated cameras and video cameras, commonly known as flycams, are becoming increasingly familiar to many people, especially those in the film and photography industry and technology "savvy" people. However, few people know that using flycams requires a license from the Operations Department - General Staff; if violated, depending on the severity, criminal liability may be prosecuted.

Easy to buy, comfortable to use

According to many players, flycams started appearing in Vietnam around 2013, 2014. At that time, stores selling flycams were quite rare, only a few stores in big cities imported them because of the high price and the number of players was not much.

However, until now, when this ultra-light flying device has become familiar, it is very easy to find and buy because the addresses selling the product are widespread both in real life and online. The flycam market is also very diverse but mainly products originating from China, prices range from a few million to hundreds of million VND/unit.

Flycam is a familiar device to many people today.

Except for a group of young people who buy flycams to satisfy their passion for technology, currently, most flycam users are people who film and take photos for services. Mr. V.D.V - owner of a studio in Thanh Chuong district shared that he bought a flycam in 2016, costing about 30 million VND. For him, using a flycam is both for business and to satisfy his passion for technology and art.

The advantage of flycam is that it can fly high and far, helping to capture and film impressive, unique, and novel angles that ground-based filming and photography equipment cannot do. His store often uses flycam to make photo albums, yearbook video clips, and major local events.

Following many famous photographers’ personal Facebook pages, or reputable photo forums, it is not difficult to realize that flycam photos often have a much larger number of likes and shares than photos with common shooting angles. Postcards and travel brochures in Nghe An also often prioritize choosing landscape photos from flycam to bring better visual effects.

Flycam users in Nghe An all violate

There are currently many legal regulations on the management of drones and ultralight aircraft, but in reality, few users of flycams - one of the ultralight aircraft - know about and comply with them.

A photographer who asked to remain anonymous said that he had let his drone "fly" over Cua Lo beach, Nghi Thiet rocky cliff, sunflower fields and many places in Vinh city such as Ho Chi Minh Square, the ancient citadel area, Ben Thuy bridge... but no one reminded or stopped him.

According to this photographer, in 2015, he heard rumors about having to apply for a license to use a flycam, but looking around the flycam "community" in Nghe An, he had not seen anyone doing that procedure, nor had he seen any agency or organization specifically propagating or disseminating information, so he did not learn more!

In fact, Decree No. 38/2008/ND-CP dated March 28, 2008 of the Government on the management of unmanned aircraft and ultralight aircraft clearly stipulates that users of the above vehicles must obtain a license from the Department of Operations - General Staff before being allowed to use them.

Most recently, on February 12, 2017, the Ministry of National Defense issued Circular No. 35/2017/TT-BQP stipulating standards for airworthiness; standards and procedures for granting licenses to facilities for designing, manufacturing, repairing, maintaining, testing aircraft, aircraft engines, aircraft propellers and equipment of unmanned aircraft and ultralight aircraft; and operating unmanned aircraft and ultralight aircraft.

However, according to information from the Nghe An Provincial Military Command, no flycam users in Nghe An have been granted an operating license. In other words, all flycam users in Nghe An Province are currently in violation.

The Department of Operations, General Staff (No. 1 Nguyen Tri Phuong, Ba Dinh District, Hanoi) is the place to receive documents, coordinate with relevant agencies and units, appraise and grant licenses to facilities that design, manufacture, repair, maintain, and test aircraft, aircraft engines, aircraft propellers, equipment, and devices of unmanned aircraft, ultralight aircraft, and grant flight licenses for test flights and operations of unmanned aircraft and ultralight aircraft. In case of refusal to grant a license, the Department of Operations must have a written response stating the reason.

Lieutenant Colonel Nguyen Trong Nham - Head of the Air Defense Department, Nghe An Provincial Military Command said that in the past, some central press agencies and news agencies held major events in Nghe An and were allowed by the Provincial Military Command to use flycams within the event coverage area, at the prescribed height.

Unlicensed “flying” poses many risks, because the characteristics of the flycam vehicle are air flights but do not need to ensure aviation technical safety requirements. If unfortunately losing control and colliding with high-voltage power lines, oil storage tanks, or falling into the forest during the dry season, the consequences will be very serious. In addition, it is not excluded that some hostile subjects take advantage of this type of vehicle to carry out acts that affect the political security situation in the area.

People’s desire to use flycams is legitimate and not prohibited by law, however, to be healthy and safe, it is necessary to comply with and abide by the provisions of the law. Flycams that are currently “flying” without permission can be required by authorities to stop operating, have their vehicles confiscated and be handled according to the level of violation.

Article 14, Circular No. 35/2017/TT-BQP states that operators who violate regulations on management, coordination, and operation of flight operations, depending on the nature and severity of the violation, will be subject to administrative sanctions in accordance with the provisions of the Law on Handling of Administrative Violations and detailed implementing documents, or will be prosecuted for criminal liability in accordance with the provisions of law.

Phuoc Anh