Part 107, Part 101 and flight over public parks and places

[LowCountryFlyer]

Part 107 specifically prohibits flight over people though there is no prohibition of this in Part 101.41. The FAA's website for drones prohibits flight "over groups of people, public events, or stadiums full of people" though I cannot find any regulations outside of Part 107 which state this. Part 101.41 (b) does state the UAV must be "operated in accordance with a community-based set of safety guidelines and within the programming of a nationwide community-based organization." I suppose this 'community based organization' basically defaults to the FAA and the judgment of the Administrator and his appointed inspectors from the local FSDOs.

How does this apply to public parks? A person takes a drone out to a public park or place with other people gathered there, there is a chance the drone will overfly them at some point. While I can understand that a person may be held liable for injury or damage done to others as a result of misuse of the drone, but the prohibitions on direct overflight of people makes it virtually impossible to operate the craft in any kind of public urban setting. Fly over a shopping center parking lot, the Inspector can cite you. Fly over a public park, they can cite you.

I always interpreted the regs as that flight over large groups of people ie at an outdoor concert, public gathering, etc. was prohibited as there is a very high risk of the drone hitting a person in the event of departure from controlled flight, motor failure, etc. Anybody have any additional experience dealing with the FAA on this?

 

[BigAl07]

Person/People are the same thing. If you can't ensure the flight will not pass over (endanger) a person or people then you're operating outside of the rules.

It's pretty cut and dried. If someone is hit you weren't following the rules...period.

 

[Drbobk]

The community organization is not the FAA, but more commonly the AMA.

 

[Drbobk]

I think I remember reading on the FAA site that flight over even a part of a person, like the legs of somebody lying on the beach, is an example of forbidden flight.

 

[BigAl07]

I think I remember reading on the FAA site that flight over even a part of a person, like the legs of somebody lying on the beach, is an example of forbidden flight.

That's correct.

 

[DeeRose]

Seems like both could apply. I fly at the parks sometimes as long as no one is around but whenever people come near, I'm coming down for a landing and leaving. Parks are really nice flying when you can get an opportunity to be by yourself flying.

 

[Elmsley]

Hi...as far as I know public parks are governed by the boroughs park bye laws which are available online. Bromley Borough prohibits the flying of all kites, model aircrafts, drones etc. Also on commons drones are banned, but on heaths you can fly them..

 

[cyberkatis]

I am assuming this means that you are prohibited from launching or operating your drone from within park boundaries.....flying over park boundries are governed by the FAA therefore taking off in a public area and flying over a park is not prohibited.....