Flying in my neighborhood, is it permitted to fly down the middle of my street, provided i do not fly over people and move off to the side if cars come along so as not to fly over them? Thanks
Flying down my street?
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ChipDjipro
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brett8883
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There are no rules specifically that say a recreational pilot can’t fly over people or cars. Maybe you shouldn’t do it anyway Idk that’s not for me to say but from a rules and regulations point of view technically there’s nothing that says you can’t.
107 pilots need a waiver to fly over people or moving vehicles but good luck getting one of those.
apeel
Well-Known Member
Hmmm ... thought there were rules against flying over cars and people. By cars, I mean cars that are moving on the road, not just parked on the road. AS I understand it however it is OK to cross over a road if there is no traffic directly under the drone. Please correct me if this is not true.
brett8883
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C. 349. EXCEPTION FOR LIMITED RECREATIONAL OPERATIONS UNMANNED AIRCRAFT.
``(a) In General.--Except as provided in subsection (e), and notwithstanding chapter 447 of title 49, United States Code, a person may operate a small unmanned aircraft without specific certification or operating authority from the Federal Aviation Administration if the operation adheres to all of the following limitations:
``(1) The aircraft is flown strictly for recreational purposes.
``(2) The aircraft is operated in accordance with or within the programming of a community-based organization's set of safety guidelines that are developed in coordination with the Federal Aviation Administration.
``(3) The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co-located and in direct communication with the operator.
``(4) The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft.
``(5) In Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, the operator obtains prior authorization from the Administrator or designee before operating and complies with all airspace restrictions and prohibitions
``(6) In Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace restrictions and prohibitions.
``(7) The operator has passed an aeronautical knowledge and safety test described in subsection (g) and maintains proof of test passage to be made available to the Administrator or law enforcement upon request.
``(8) The aircraft is registered and marked in accordance with chapter 441 of this title and proof of registration is made available to the Administrator or a designee of theAdministrator or law enforcement upon request
``(b) Other Operations.--Unmanned aircraft operations that do not conform to the limitations in subsection (a) must comply with all statutes and regulations generally applicable to unmanned aircraft and unmanned aircraft systems.
FAA Re-athorization Act of 2018
No mention of cars moving or otherwise.
The rule you are referring to is:
FAA part §107.39 – Operation over human beings
No person may operate a small unmanned aircraft over a human being unless that human being is:
(a) Directly participating in the operation of the small unmanned aircraft; or
(b) Located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft.
Code of Federal Regulations
However, this is one of the “statutes and regulations” that section 349(a) of the FAA Reauthorization Act of 2018 quoted above exempts you from if you meet all 8 of the requirements to operate under the EXCEPTION FOR LIMITED RECREATIONAL OPERATIONS UNMANNED AIRCRAFT also quoted above.
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brett8883
Well-Known Member
Some of the 8 conditions are currently waived such as #7 since there is no aeronautical knowledge and safety test as of yet.
If you are flying recreationally then you should follow the guidelines of a community-based organization such as the Academy of Model Aeronautics. Part of their Safety Code (https://www.modelaircraft.org/sites/default/files/documents/100.pdf) states "I will avoid flying directly over unprotected people, moving vehicles, and occupied structures."
That sounds to me that flying over people or moving cars would be against the rules even flying recreationally, unless you can find a CBO that gives their members permission to fly over people and moving cars.
That sounds to me that flying over people or moving cars would be against the rules even flying recreationally, unless you can find a CBO that gives their members permission to fly over people and moving cars.
brett8883
Well-Known Member
This is another one of the “TBD” conditions to qualify for the EXCEPTION FOR LIMITED RECREATIONAL OPERATIONS UNMANNED AIRCRAFT because the FAA hasn’t defined what a “Community Based Organization” is and hasn’t recognized any that are acceptable to meet the CBO requirement. The FAA will currently accept ANY safety code to satisfy the CBO requirement.
Again, I’m not here to say what you should or should not do and it. Following the AMA’s Safety Code seems like a reasonable approach but at the moment is it is no more binding than Brett8883’s fictional community Safety Code.
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