A Question as to whether "this" is surveying 4

[BigH]

It seems that a lawsuit has been filed against the North Carolina Engineers and Surveyors regarding a non-surveyor flying drones over properties so that people can "see" what their property looks like - as for perhaps adding on new facilities or a building or pool or pond? The owner of the photography business has clearly indicated that his work is "not for legal purposes". One such case involved a company wanting to see where they are losing heat - a thermal rending of their facility. The NC E&S says that this is "surveying" and have threatened legal action against the drone/photography business owner.

Just wanted to know my colleagues thoughts on the issue - if not for legal work such as property lines and the like, is this man contravening the professional surveyors' rights?

https://www.wnd.com/2021/03/drone-p...=breaking&utm_content=breaking&ats_es=[-MD5-]

https://www.natlawreview.com/article/surveyors-v-drone-photographers-first-amendment-debate

https://ij.org/wp-content/uploads/2021/03/Complaint-NC-Drones-File-Stamped.pdf

As an interesting sidenote, in another thread, a contractor built a wood retaining wall for a client and there may be issues with the fact that retaining wall may not be safe. Did the Contractor practice, then, engineering?

https://www.eng-tips.com/viewthread.cfm?qid=481386

to all

 

[IRstuff]

I've read all the articles and part of the suit; nowhere does it say that Jones actually provided anything except possibly the metadata from the UAV. I think the NC Board, like the one in Oregon, is over-reaching and trying to create permanent job security for the surveyors, WHICH IS NOT THEIR CHARTER. I don't see anywhere that Jones met the criteria for #5, and #5 is arguably ludicrous, since every physics or geology student in the state would be in violation of that portion.

TTFN (ta ta for now)
I can do absolutely anything. I'm an expert!

https://www.youtube.com/watch?v=BKorP55Aqvg

faq731-376 forum1529 Entire Forum list

http://www.eng-tips.com/forumlist.cfm

 

[phamENG]

So it sounds like you disagree with the law. That's fair, and in that regard there are some very good points here. I agree that #5 is overly broad and could be interpreted to group in a lot more people - which is bad.

Is what this guy was doing considered surveying under current NC regulations? Yes.
Should what he was doing be considered surveying under NC regulations (or regulations in any state/province/country? No, probably not.
There is a difference.

My biggest issue is the way they're going about it. If they won't change the regulation based on a reasonable request, there must be an avenue through the courts that doesn't require swinging the free speech club around. Just seems like a bit much to me.

 

[3DDave]

I would caution that practicing law without a license is a serious infraction and mentioning "free speech" in connection with a case may be viewed by the courts as violating that licensing authority of the state bar. After all, it is only allowable by licensed lawyers to discuss legal matters, much like it is only legally allowable to make measurements of property by licensed land surveyors.

I'd say the land surveyors jobs protection program needs to be clubbed with the First Amendment until they come to their senses. I would like to see landscape and garden companies write amicus briefs to support the drone operators.

 

[IRstuff]

I'm unconvinced that the law needs to be enforced to the level that the board takes it. The intent of the law is clear, to protect the public from unscrupulous or incompetent practioners/engineers; beyond that, enforcement can be discretionary, the medical boards don't try to punish "The Rug Doctor" for practicing without a license or even for using the term "Doctor."

TTFN (ta ta for now)
I can do absolutely anything. I'm an expert!

https://www.youtube.com/watch?v=BKorP55Aqvg

faq731-376 forum1529 Entire Forum list

http://www.eng-tips.com/forumlist.cfm

 

[EdStainless]

I agree with just about everything said here.
What comes to my mind is a large developer buys a site and hires a RLS to set stakes.
Then they mount targets to the stakes and come in with their own people and drones and do all of the site and topo work.
And since the project is worth hundreds of millions they don't get pushback.
Where would that leave an issue like this?
Hence my earlier comment that the board could win the battle and lose the war.

= = = = = = = = = = = = = = = = = = = =
P.E. Metallurgy, consulting work welcomed