Flying over cars and houses

[Vic Moss]

Not what he said... read the post again.

Of course not, that's silly. We are talking about flying over traffic.

 

[Vic Moss]

Isn't crossing the freeway also flying over cars with people in them going 70MPH?

Yes it is, but it's about risk mitigation. If you fly in an urban environment, it's virtually impossible to not fly over moving vehicles.

Some choose not to even try, some (myself included) have no problem doing that. Under the right circumstances of course. Could something happen? Yeah. But my drone could be knocked out of the sky by a falling meteor too, but I don't worry about that either.

 

[Vic Moss]

I agree with this point, but still think it is unwise to traverse a well traveled road or highway. Even if you are a careful pilot, look both ways before crossing, etc. there should also be a consideration of what could happen in an emergency situation. What happens if a battery, ESC or prop fails, or it decides to execute a RTH or critical battery landing on it's own, right on top of the highway? Just not worth it to me.

The first three of your worries are legitimate for sure. But the likelihood of that happening at the exact time it's needed to land in traffic are infinitesimal. As far as a critical battery landing, that would be pilot error. If you're not paying close enough attention to your voltage, then you definitely don't have the ability to make a reasonable decision about mitigating safety to fly over a roadway.

 

[maxey13]

I have seen a couple of videos here of flights over highways and houses. I was under the impression that flying over cars was not allowed. When I need to fly across a highway, I hover and wait until there is no traffic before crossing. Is that proper? Sort of akin to looking both ways before crossing the street, when we were kids.

Also, in my area, I often need to fly over houses to get where I am going. I am not flying low however and my lowest altitude is roughly 160-250 feet. When possible, I veer off to the tree line avoiding houses. But, at times, it is unavoidable as I live in a congested area. If anyone could elaborate on these two circumstances, I would appreciate it. Thanks.

Sounds to me that you are being as safe as you can. I'm sure most dont go that far including me at times. 160 to 250 is a nice altitude to stay out of the way (ears) from people on the ground. I bet most people dont even know you are around....

 

[Heavydpj]

I have seen a couple of videos here of flights over highways and houses. I was under the impression that flying over cars was not allowed. When I need to fly across a highway, I hover and wait until there is no traffic before crossing. Is that proper? Sort of akin to looking both ways before crossing the street, when we were kids.

Yes, it is exactly proper.

Also, in my area, I often need to fly over houses to get where I am going. I am not flying low however and my lowest altitude is roughly 160-250 feet. When possible, I veer off to the tree line avoiding houses. But, at times, it is unavoidable as I live in a congested area. If anyone could elaborate on these two circumstances, I would appreciate it. Thanks.

Per the FAA, you can fly over houses, just not over people (e.g. people in the front / back yard)

Thanks for being a conscientious flyer.

 

[RocketmanTurbo]

Since I started this thread, I have been busy in the studio but just now checked in. Seems it created a bit of a hornet's nest but all in good spirit. I enjoyed all the good information and clarifications. Safe flying all!

 

[DavidT_ NZ]

I don't know what else to say to you to convince you that there is nothing that prevents this in the "plain language of the rule". That language does not exist anywhere in the codified 107.

As far as not wanting to name names, quite simply I can't. Not only would that ruin my relationship with the FAA (one which I've spent years cultivating), it would quite possibly get those people in trouble. If you want something in writing from the FAA General Chief Counsel, I suggest you ask them for one. Maybe they'll give it to you.

And I have no plan to stop advising people about the rules. It's what I do in many situations, including situations where I am asked to do so by the FAA's Safety Team.

And honestly I'm out of time to continue this discussion. I have too much editing to do today, including photos from where I flew over a jail. Which is also not illegal. It's not on the DHS list.

So unless @BigAl07 or one of the other admin here would like to comment on my bonafides, I have no other way to convince you that you are wrong. Reach out to the General Counsel. I believe that is your best next move.

Enjoy, and fly safe.

Thanks for your commentary. Your reasoning is obvious and your patience is appreciated. Even though I fly outside the US, it is interesting to read about interpretations, safety practices and regulations, because with anything related to flight, they usually infiltrate across the globe, eventually. ??

 

[Mav2Pro]

@Vic Moss
Have these rules changed since last year when this thread was active? I recently flew over a highway and created a video and was told by someone who saw the video if I posted it to Youtube I would be visited by the FAA with a fine. Is this true? I was at 170' AGL flying perpendicular to the flow of the highway and tried to fly during a time of day when the traffic would be reduced.

 

[Vic Moss]

@Vic Moss
Have these rules changed since last year when this thread was active? I recently flew over a highway and created a video and was told by someone who saw the video if I posted it to Youtube I would be visited by the FAA with a fine. Is this true? I was at 170' AGL flying perpendicular to the flow of the highway and tried to fly during a time of day when the traffic would be reduced.

I’ll check tonight. I’m flying today.

 

[Mav2Pro]

I’ll check tonight. I’m flying today.

Thank you in advance for your help!

 

[Vic Moss]

Thank you in advance for your help!

Didn't get to this last night obviously.

Things have changed for 107 operations. Ops Over People (OOP) is legal for Remote Pilots flying under 107. They must use Category 1 drones (under 250g, and no "exposed rotating parts" that can lacerate skin).

Category 2-4 drones will be released within the next 8-16 months. Likely 12 months or more away.

In order to fly OOP over "open air assemblies", you have to have Remote ID, which doesn't exist yet. So even though you can fly your Category 1 drone over people, you can't over open air assemblies.

As far as traffic, the same rules apply, but you can only "transition" over traffic. So only from side to side. And you still need to stay high enough to not be a distraction.

I actually have a Category 1 Mini 2. Article on the process is here: Category 1-OOP Compliant-DJI Mini 2 - Drone Service Providers Alliance

 

[dap455]

as of now, if a person has a non-category-compliant sUA, regulations still prohibit flying over people & moving cars.

 

[brett8883]

as of now, if a person has a non-category-compliant sUA, regulations still prohibit flying over people & moving cars.

**For part 107 operations

 

[dap455]

**For part 107 operations

Flying a drone over any person who is not participating in the operations is prohibited under both commercial and recreational drone flight rules. Take note that consent is not participating – a bystander may allow you to fly a drone over them, but this is still considered by the FAA as illegal. Thus, the only people you are allowed to fly over are your crew, including any assistant pilots or visual observers.

 

[brett8883]

Flying a drone over any person who is not participating in the operations is prohibited under both commercial and recreational drone flight rules. Take note that consent is not participating – a bystander may allow you to fly a drone over them, but this is still considered by the FAA as illegal. Thus, the only people you are allowed to fly over are your crew, including any assistant pilots or visual observers.

Common misconception. Show me the regulations for recreational pilots that says that

 

[dap455]

Common misconception. Show me the regulations for recreational pilots that says that

This is directly from the Pilotinstitute.com website Part 107 course. When you register your quad whether it be for Part 107 or as a recreational pilot, you are still subject to the FAA regulations. If I register a Phantom 4 and fly as a recreational pilot I am still subject to the same regulations when it comes to flying over people or vehicles. For the FAA it is all about safety, why would they allow recreational pilots fly and potentially crash a larger quad into a person or vehicle but prohibit Part 107 pilots from the same. Not sure if you have Part 107, but if you do you may want to check with the flight school you attended and see what they tell you.

 

[brett8883]

This is directly from the Pilotinstitute.com website Part 107 course. When you register your quad whether it be for Part 107 or as a recreational pilot, you are still subject to the FAA regulations. If I register a Phantom 4 and fly as a recreational pilot I am still subject to the same regulations when it comes to flying over people or vehicles. For the FAA it is all about safety, why would they allow recreational pilots fly and potentially crash a larger quad into a person or vehicle but prohibit Part 107 pilots from the same. Not sure if you have Part 107, but if you do you may want to check with the flight school you attended and see what they tell you.

I am part 107.

There are two sets of rules. Recreational rules and Part 107 rules.

You can fly recreationally or any other reason under part 107 rules but you can only fly recreationally using recreational rules. I would have taken what your flight school was saying as flying recreationally under part 107 rules. Not flying under recreational rules which isn’t part of the part 107 test other than some brief mentions.

The reason there are two different sets of rules is because the FAA wrote the Part 107 rules and the recreational rules were written by Congress. They are meant to be a simpler so the average joe can understand them after spending the 90 seconds most people’s attention span lasts.

You can read about the recreational carve out and see the rules here on the FAA’s website

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

 

[Vic Moss]

This is directly from the Pilotinstitute.com website Part 107 course. When you register your quad whether it be for Part 107 or as a recreational pilot, you are still subject to the FAA regulations. If I register a Phantom 4 and fly as a recreational pilot I am still subject to the same regulations when it comes to flying over people or vehicles. For the FAA it is all about safety, why would they allow recreational pilots fly and potentially crash a larger quad into a person or vehicle but prohibit Part 107 pilots from the same. Not sure if you have Part 107, but if you do you may want to check with the flight school you attended and see what they tell you.

If you're flying recreationally, you are NOT held to 107 rules. The very name of the rules is "Exception for limited recreational operations of unmanned aircraft", so 107 rules do not apply.

To fly recreationally, you need to follow the yet unpublished CBO rules. Those rules will determine whether or not you can fly over people. For now, most use AMA's (above), and those state no flying over people.

The new OOP rules do not apply to recreational rules at all. They are strictly for 107 Operations.

 

[BigAl07]

This is directly from the Pilotinstitute.com website Part 107 course. When you register your quad whether it be for Part 107 or as a recreational pilot, you are still subject to the FAA regulations. If I register a Phantom 4 and fly as a recreational pilot I am still subject to the same regulations when it comes to flying over people or vehicles. For the FAA it is all about safety, why would they allow recreational pilots fly and potentially crash a larger quad into a person or vehicle but prohibit Part 107 pilots from the same. Not sure if you have Part 107, but if you do you may want to check with the flight school you attended and see what they tell you.

Ummmm you're incorrect and IF @pilotinstitute material says exactly that he will correct it but I believe you're taking it out of context.

Remember you said, "Pilotinstitute.com website Part 107 course" which is focused on Part 107 Regulations. Regulations for Part 107 and ~44809 are not identical and those subtle differences are exactly where you're failing to comprehend. Regardless how your UAS is registered YES you have to follow FAA Regulations but they aren't the SAME. If you register under Commercial (P107) and you FLY under Commercial (P107) you are liable for all of Part 107 unless you are operating under a Waiver etc. If you register under the Recreational side (~44809) then you are held accountable for exactly what is noted in ~44809. The CAVEAT is if you do not follow every aspect of ~44809 you are operating under Part 107 (by default) and accountable for all of Part 107.

So yes you are "subject to FAA regulations" but which set is the key factor. Flying under Recreational ~44809 does not make your accountable for Part 107 unless you burst the protective bubble of ~44809.

Just for clarity I'm linking to the 49 USC 44809: Exception for limited recreational operations of unmanned aircraft (which is accurate and current as of 10/19/2021)

https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section44809&num=0&edition=prelim

Notice in the link above Flying Over People is not mentioned. While it COULD be mentioned in the CBO you're following, that doesn't make it mandatory for all other UAS operators who might be following a different set of rules from another CBO. The trick is, if the CBO you're citing mentions/regulates Flying Over People then you are to follow those to a "T" (otherwise you're flying under Part 107 by default) but if your CBO doesn't address Flying Over People then you're good to go so long as you are safe and follow ALL other rules pertaining to your CBO and ~44809.

 

[dap455]

There are two sets of rules. Recreational rules and Part 107 rules.

You can fly recreationally or any other reason under part 107 rules but you can only fly recreationally using recreational rules.

The reason they are different is because the FAA wrote the Part 107 rules and the recreational rules were written by Congress. They are meant to be a simpler so the average joe can understand them after spending the 90 seconds most people’s attention span lasts.

You can read about the recreational carve out and see the rules here on the FAA’s website

Recreational Flyers & Modeler Community-Based Organizations

www.faa.gov

Then please tell me who controls the airspace, I guess now it's congress. You need a waiver to fly over people and vehicles. per the FAA. Check this link dated Jul 2021 about flying over people. Drone Regulations: What You Need to Know.

If you're flying recreationally, you are NOT held to 107 rules. The very name of the rules is "Exception for limited recreational operations of unmanned aircraft", so 107 rules do not apply.

To fly recreationally, you need to follow the yet unpublished CBO rules. Those rules will determine whether or not you can fly over people. For now, most use AMA's (above), and those state no flying over people.

The new OOP rules do not apply to recreational rules at all. They are strictly for 107 Operations.

No your right, your still subject to FAA rules