Flying over people

[y2khardtop]

this isn't something I plan on doing soon, especially not for hire, but curious what everyone things. Part 107 does not allow for flying over unsheltered people unless they are specifically part of the flight. What exactly constitutes being part of the flight?

I often attend events where every single attendee has to sign a waiver to enter. If the waiver included wording making the UAS flight part of the event, would that make everyone a participant in the flight, and make it OK to fly over them? Or do you think it's more specific to flight personnel?

Thanks all!

 

[YogiFlyer]

This is one of those rules that is being discussed regularly with industry people and the FAA. I've heard rumors there is a chance the FAA will adjust this rule to allow for some flying over people under certain conditions without a waiver. I don't see many waivers being issued for it either. What I've heard is the FAA currently interprets this as anyone that is a REQUIRED crew member for the purpose of the flight. This would include the remote pilot, all VOs, and perhaps employees of the company who is doing the flight. But I think it is a possible argument to include others, especially if they are the ones who asked you to do the flight. An example would be a wedding. If they want a pic with all of them underneath it, I would assume they are all "part of the flight". But that's just me....not sure the FAA would agree.

 

[BigAl07]

Be careful when discussing waivers because the ONLY waiver that matters in this discussion is an FAA Part 107 Waiver ~107.39 which specifically allows flight over people.

If someone in the crowd signs a "waiver" that's only worth the paper it's written on because the FAA has mandated we (part 107 operations) are legally not allowed to fly over people.

Part of the flight means part of your Flight Crew, Pilot, Visual Observer, Safety Officer etc. If your function is not directly related to the flight then you are not part of the flight crew. For example: Pilot's wife would not be part of the crew unless she is also VO, SO or something to help ensure flight safety.

But I think it is a possible argument to include others, especially if they are the ones who asked you to do the flight. An example would be a wedding. If they want a pic with all of them underneath it, I would assume they are all "part of the flight". But that's just me....not sure the FAA would agree.

This is one time I whole heartedly disagree with my buddy
@YogiFlyer . If you aren't responsible for the flight or safety of the flight you are not part of the Flight Crew.

It's like you rent a luxury jet for you and some friends to fly to Vegas. The flight crew is the Pilot and coPilot. Simply because you're ON the plane and you rented the plane doesn't make you a part of the Flight Crew. The FAA is very specific in their definition of Flight Crew and have left no grey area in this... at least not at the moment.

 

[Erised]

I never fly over people, for me it's not only that it's the law, and as dependable a phantom is it's just a machine flow by a human, what could go wrong! I am not willing to take such a risk to get a shot I can easily take away from the crowd.

 

[macoman]

I never fly over people, for me it's not only that it's the law, and as dependable a phantom is it's just a machine flow by a human, what could go wrong! I am not willing to take such a risk to get a shot I can easily take away from the crowd.

That's exactly why I always avoid flying over people and rather fly over lake, river or park without people around. If something goes wrong with the aircraft, I rather crash on water or terrain than over people. Even though my machine works perfectly fine, you never know when something will stop working by surprise.

 

[YogiFlyer]

It's like you rent a luxury jet for you and some friends to fly to Vegas. The flight crew is the Pilot and coPilot. Simply because you're ON the plane and you rented the plane doesn't make you a part of the Flight Crew. The FAA is very specific in their definition of Flight Crew and have left no grey area in this... at least not at the moment.

Wait...you discovered I had a luxury jet too?? Maaannnn....now I have to hide my registrations again from the FAA.