Skiprr wrote:G.A. Heath wrote:Glockster wrote:What is the reference for your "can not fly over people" restriction? I'm unaware of that general restriction so having it would be helpful.
It's part of the FAA rules passed by executive fiat around this time last year IIRC.
Yep; right you are.
https://www.federalregister.gov/documen ... ft-systems; the "Summary of the Major Provisions" does a good job of highlighting the regulations.
• Small unmanned aircraft may not operate over any persons not directly participating in the operation, not under a covered structure, and not inside a covered stationary vehicle.
Other interesting points about operations:
• Visual line-of-sight (VLOS) only; the unmanned aircraft must remain within VLOS of the remote pilot in command and the person manipulating the flight controls of the small UAS. Alternatively, the unmanned aircraft must remain within VLOS of the visual observer.
• Daylight-only operations, or civil twilight (30 minutes before official sunrise to 30 minutes after official sunset, local time) with appropriate anti-collision lighting.
• No careless or reckless operations.
I think that therein is the difference in that you're reading "not operate" differently than the FAA intended, according to the FAA.
I've had my drone license since June and when the rules became effective in August, I directly asked the FAA office in charge of drone regulations about this point. I was referred to the joint operational safety site that the FAA partners on and given the following guidance as to what the FAA means by the term "operate." That guidance states: "Do not intentionally fly over unprotected persons or moving vehicles, and remain at least 25 feet away from individuals and vulnerable property."
And that was based on the fact that if you were to fly a drone across any given neighborhood in the United States, it would be for all practical purposes not to fly over any person, as houses are full of people. So they issued that clarification, which as I have been told directly by the FAA means that simply flying your drone across any property where they may be people is allowed, as long as you do not intentionally operate over unprotected people (and I asked for the definition of "unprotected" and they said that it would be on a case by case basis as to what that term may mean). And the unintentional passing over people doesn't, according to the FAA, constitute as "operating" whereas hovering it overhead would.
I'm not trying to split hairs here, just was asking the question because as a responsible drone pilot I wouldn't want to violate the law and recognizing that the law states "not operate" haven't seen anything that specifically stated that literally you cannot fly over people. The form that I signed to get my license stated that I must comply with what was contained on that site, the not intentionally over unprotected people.