I wonder how much this ruling depends on the specific wording of the NC statute and, therefore, how it would apply in other states.
Do any other licensed professions let someone do the work as long as they have a disclaimer?
If not then it seems like someone is making this a million times more complicated than it needs to be.
The opinion did a fine job of explaining all of that, if you read it:
https://www.ca4.uscourts.gov/opinions/231472.P.pdf
This opinion was issued by the United States Court of Appeals for the Fourth Circuit, which has jurisdiction over the Districts of: Maryland, North Carolina, South Carolina, Virginia, and West Virginia.
So, at a minimum, this is precedent as it relates to the regulation of speech with respect to professional conduct in those areas, and could be cited as an example in other Circuits (States) too, but may not be binding in those other areas.
Do any other licensed professions let someone do the work as long as they have a disclaimer?
I can assure you that engineers use all sorts of non-licensed sources of information. One big one is the vacuum excavators, which supply data about depth, location, and character of underground utilities. The sewer camera ops are another.
No, that's not what I'm asking. This drone guy said he put up a disclaimer saying he's not a surveyor after he got a warning. I'm asking if someone would be able to put up a disclaimer about not being a doctor or a lawyer and then proceed to give medical or legal advice.
This is the NJ definition of professional land surveying:
(e) The term "practice of land surveying" within the meaning and intent of this chapter shall mean
any service or work the adequate performance of which involves the application of special
knowledge of the principles of mathematics, the related physical and applied sciences and the
relevant requirements of law to the act of measuring and locating distances, directions, elevations,
natural and man-made topographical features in the air, on the surface of the earth, within
underground workings, and on beds of bodies of water for the purpose of determining areas and
volumes, and for the establishing of horizontal and vertical control as it relates to construction
stake-out, for the monumentation of property boundaries and for the platting and layout of lands
and subdivisions thereof and for the preparation and perpetuation of maps, record plats, field
notes, records and property descriptions in manual and computer coded form that represent these
surveys. The practice of land surveying shall include the establishment and maintenance of the base
mapping and related control for land information systems that are developed from the above
referenced definition of the practice of land surveying.
For purposes of this subsection, "land information systems" means any computer coded spatial
database designed for multi-purpose public use developed from or based on property boundaries.
A person who engages in the practice of land surveying; or who, by verbal claim, sign,
advertisement, letterhead, card or in any other way represents himself to be a land surveyor or
professional surveyor; or who represents himself as able to perform any land surveying service or work
or any service which is recognized as within the practice of land surveying shall be deemed to practice or
offer to practice land surveying.
Nothing in this chapter shall preclude a person licensed by the board as a professional engineer
from performing those measurements necessary for the design, construction stake-out, construction
and post-construction records of an engineering project, provided that these measurements are not
related to property lines, lot lines, easement lines, or right-of-way lines, the establishment of which are
required to be made by a land surveyor.
What contractor is going to want pretty pictures of their projects that do not involve topography, dimensions and quantities?
It's interesting that the defence is claiming that presenting (or representing) the data constitutes free speech. "I have the right to say it, so I am going to say that this dimension is this......." They seem to be ignorant of the fact that the licensing pertains to the physical ability to measure that dimension in the first place. Free speech should not come into it at all, because the guy has the right to be wrong in his speech. Naturally, being wrong has a flow-on effect, which is what the licensing is supposed to prevent right?
Free speech be damned (in this case). The integrity of the dimension is paramount here.
Even if he says "It is only topo data. No boundaries." or "I'm only capturing data and passing it on to a surveyor", he is still the one who has to guarantee the accuracy/precision of the data he has collected. If the EDM in his scanner is out of adjustment (or whatever sensor the drone is using), would he have the necessary education to know?
I'd like to note that this case has been going on for 6+ years....
.....and it takes a 4-year degree plus 2 years of experience to obtain licensure in NC...
....That is all.
I can only imagine what the legal fees were over six years.
Ask what NAVD88 or NGVD29, or Geoid03, 09, 12, 18 are. I'm guessing he won't have a clue.
Just saying.
The free speech thing is an interesting angle, but at the same time it doesn't seem like such a hard thing to address.
Couldn't you just tell people "You can talk out your ass all day long for free, but once you start charging for it then different rules apply". This is basically what people are already doing is it not? How many people stand around a watercooler and casually babble legal or medical opinions without getting into trouble.
Then again maybe this is how the rules are currently worded and are manifested by COAs, etc.
I wonder if his lawyers would have been so quick to represent him if his work product was legal advice with a disclaimer that he wasn't a lawyer.
the key word being Lawyer, most of them will do a dog and pony show all day long, as long as they get paid. They don't care about the outcome.
Don't we do the same? I run between six and seven crews (depending on scheduling demand), provide drone services as well as the several areas of practice. The difference is, I know the qualifications and training that my people have and invest heavily in it.
Anybody can be a weekend drone cowboy, but do I have confidence in a sub to do the work for me? Hell no, that's why I hired a commercial airline pilot, extremely skilled in drones, settings and regulations to train two crews. Two PCs are federally licensed pilots now and are aware of the need to adjust shutter settings and the like to collect the best imaging and they were not even allowed to fly a drone under supervision for the first six months of training. The same holds true for the two people in the office that process that data, they are extensively trained as well and I have a high level of confidence, based on field checks from ground control.
