[USA] Flying over people is illegal. Is there special permission?

S2005 · Jun 20, 2020

So, in the USA, flying over people is illegal. I see drones ALL the time flying over big events, like races, conventions, etc. (Pensacon always has drones zipping around the crowd, and every 5k I've run recently, I've seen one)

Are they operating illegally (possibly ignorantly), or can you get special permission to fly over such events? I assume it's the former.

cyeung · Jun 20, 2020

Unless you see a big hump on top of the drone (that's a parachute), chances are they are flying in violation of 14 CFR 107.39. This regulation can be waived if you can convince the FAA that your equipment, procedures, etc. are enough to significantly reduce the risk of injury. A parachute that will give you even a chance of getting this regulation waived will cost you about $2,000.

I was at the OneRace Movement March on Atlanta yesterday, and I also saw drones flying over people. I sent an email to the event organizers to bless them out and point out the hazards of allowing this (rotors rotate at a very high RPM and could cause debilitating injuries if they strike the right places) and the liability it could subject them to.

dawgpilot · Jun 20, 2020

You can actually search the FAA's list of granted Part 107 waivers, and you'll see that there are but a handful of waivers that have been granted for flight over persons.

The takeaway is almost all of the drones you're seeing are likely flying illegally.

Part 107 Waivers Issued

www.faa.gov

Simmo · Jun 21, 2020

In Australia, only certified operators can do this and the aircraft must have significant redundancy fail safes. Such as dual battery systems, dual IMU etc and the ability to maintain flight with a one motor/esc failure.
So if the aircraft you see over peoples heads is a quad copter, you can bet that it's illegal and irresponsible flight.

cyeung · Jun 21, 2020

Simmo said:
In Australia, only certified operators can do this and the aircraft must have significant redundancy fail safes. Such as dual battery systems, dual IMU etc and the ability to maintain flight with a one motor/esc failure.
So if the aircraft you see over peoples heads is a quad copter, you can bet that it's illegal and irresponsible flight.

That's interesting ... No parachute?

Simmo · Jun 21, 2020

cyeung said:
That's interesting ... No parachute?

Not mentioned mate, but it could no doubt help in the risk assessment?

Equipment requirements
All equipment flown within the rule must meet the following conditions:

The RPA must have a dual parallel redundant battery system with duplicated battery mountings and demonstrated ability to fly safely with one motor inoperative at the maximum take-off weight for the operation.
GPS hold and return to home function must be operational with a minimum reception of at least 7 GNSS satellites.

Flying near people

To fly a drone or remotely piloted aircraft (RPA) closer than 30 m (up to 15 m) to other people, you must have: a remotely piloted aircraft operator's certificate (ReOC) a remote pilot licence (RePL) or employ a remote pilot to operate the RPA. The requirements To fly an RPA up to 15 m from...

www.casa.gov.au

Deleted member 114292 · Jun 21, 2020

cyeung said:
Unless you see a big hump on top of the drone (that's a parachute), chances are they are flying in violation of 14 CFR 107.39. This regulation can be waived if you can convince the FAA that your equipment, procedures, etc. are enough to significantly reduce the risk of injury. A parachute that will give you even a chance of getting this regulation waived will cost you about $2,000.

I was at the OneRace Movement March on Atlanta yesterday, and I also saw drones flying over people. I sent an email to the event organizers to bless them out and point out the hazards of allowing this (rotors rotate at a very high RPM and could cause debilitating injuries if they strike the right places) and the liability it could subject them to.

Willing to bet none of them are part 107 Pilots.
Not that it makes it more legal.

S2005 · Jun 21, 2020

Copy that! Thank you for the reply.

I don't recall seeing humps on any of them. They've all been about the same size as a mavic mini, but I've only recently become concerned with the laws because I've only recently become a pilot

I didn't pay that much attention to them.

cyeung · Jun 21, 2020

Even recreational pilots should not be flying over people or moving vehicles: Recreational Flyers & Modeler Community-Based Organizations (rule 8)

Heavydpj · Jun 23, 2020

In the US, FAA Part 107.39 specifically prohibits flying over people, unless they are in a building or in a PARKED car. Part 107.19 prohibits flying over a MOVING vehicle (e.g. crossing / flying over a highway with moving vehicles).

There may also be state laws.

At the very least, you will need to have a Certificate of Authorization (COA) from the FAA which waives 107.39. It is the most widely applied for waiver, and rarely granted (in 2018 there were over 2,500 applications and 9 waivers). The only COAs I've even heard of for a part 107.39 waiver all included a parachute system to reduce the kinetic energy in the case of a crash (since energy is affected more by velocity than mass).

Here is a good article.

Ultimate Guide to Over People Waivers & Section 107.39

Are you struggling with 107.39 and trying to obtain an over people waiver? We'll discuss the law, reasons for it, and what solutions there are today to get you airborne.

jrupprechtlaw.com

SBurke1969 · Jun 23, 2020

Regardless of the availability of waiver to fly over crowds, I believe the reality is that flying over a crowd at a relatively low altitude is a terrible idea. Inevitably some idiot is going to throw/shoot something at your drone to knock it out of the sky. Certainly flying just below the 400 feet limit is the safest route to take, assuming you have a waiver, since most drones are difficult or impossible to really detect at that height. Any lower, and I think it is a recipe for disaster. Unfortunately, I don't see regulations on drive flying getting any better without serious technology upgrades, which are necessary to design out the stupid people. Honestly, most of the regs have been driven by idiots who don't understand the ramifications of flying something and how it can harm others. Just go on YouTube and see all of the drone crash videos. Every crash is a foreseeable act given the idiocy of the pilot. Whether its flying through trees or being totally out of control, I would bet 99% of the crashes were preventable. That includes failing to check equipment before a flight, which seems to be a few of them. It all comes down to responsibility.