Highways

SAC89 · Dec 5, 2018

I was wondering your thoughts on overflying highways on a Part 107 photo flight for hire. I have not seen any mentions other than not flying over crowds. Are vehicles moving along a highway considered crowds? I can restrict myself to the median, as it is wide enough to maneuver, but for proper photos of the business, I need to overfly a busy highway. What are your thoughts?
Thanks,

BD0G · Dec 5, 2018

Personally, I would not fly directly over the highway even though passenger vehicles typically have protection overhead. Adjacent to the Highway might be the best bet. If you had an issue and worst case scenario occurred then the drone would loose altitude and drivers could / would swerve to avoid the obstacle. This puts the general public at risk. You want to mitigate that risk as much as possible and still achieve taking the footage you require.

9 times out of 10 you might be fine , but there is still the potential for that 10 percent of the time. Risk versus reward.

Dont be that guy!

theDRONEranger · Dec 6, 2018

USA - You cannot fly over moving vehicles.

I have not checked, so I do NOT know if this one is subject to a CoW.

Section 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.

This is Part 107.

I do NOT know of any rule for FUN.

ruggb · Dec 9, 2018

It would seem to me that this rule is designed to make work for lawyers since it is wide open for interpretation. If you fly across a highway and a vehicle is passing by under you, to the letter of the law, that is a violation. The same with unprotected humans playing in a wide open field where flying drones is allowed. It would be out of character, I suppose, if laws were written with the intent clearly specified. What is your interpretation, and would you argue the intent vs the letter? AND what is the intent?