How Close To Structures Can You Fly Under 107

[Just Mark]

OK, passed my 107 test. Woo Hoo!!!

So, how close can we fly to a structure?

Say I am photographing a house for a real estate agent? I assume I can fly real close to it, right? I mean, if they left the front door open, I assume i can fly from the outside of the house right in through the front door.

But what if it is a townhome or a house in a dense neighborhood. Do I have to stay a certain horizontal distance away from a structure that is not directly involved in my commercial endeavor?

Also, this thing about having to maintain 2,000 foot horizontal distance from towers because of guy wires. But what if I am supposed to inspect the tower? If i need to get above the tower, then I have to be within 400 feet (if i want to go above 400' AGL). And last time I checked, 400 ft was less than 2,000 feet...

Oh, one last thing: I have read the FAA page about flying over people a million times and the wording is really confusing. If the people are inside a structure, then i can fly over them, right? And if they are in a vehicle with a closed top, I can fly over them, right?

So i could fly over a freeway with cars on it, but if I flew over a freeway while a motorcyclist was riding underneath my drone just as I crossed, then I would be in violation of 107, right?

Thanks in advance.

 

[daveisim]

There is no 107 rule about how close you can fly to anything, except clouds.

For flying over people in vehicles, the vehicle had to be stationary and protecting them.

For flying over people not in a vehicle, they need to be under a covered structure.


§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.

Questions?

 

[Just Mark]

There is no 107 rule about how close you can fly to anything, except clouds.

For flying over people in vehicles, the vehicle had to be stationary and protecting them.

For flying over people not in a vehicle, they need to be under a covered structure.


§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.

Questions?

Thanks so much. I really appreciate it.

Where exactly can I find the rules that you quoted? I usually just end up on the FAQ pages of the FAA website when I google stuff, but not the actual rules as they are laid out.

 

[Just Mark]

Oh, and what about the 2,000 foot horizontal rule from towers to avoid guy wires?

 

[BigAl07]

Freeway is pretty much a NO GO in terms of "flying over people". As quoted above ""inside stationary vehicle".

Also keep in mind "Directly participating" means part of your flight crew and not people in the scene etc. If they aren't responsible for some portion of the Flight Crew they are NO allowed to be flown over and it doesn't matter if they know, agree, sign a form or whatever. Not over people is pretty much cut n dried.

 

[BigAl07]

Thanks so much. I really appreciate it.

Where exactly can I find the rules that you quoted? I usually just end up on the FAQ pages of the FAA website when I google stuff, but not the actual rules as they are laid out.

Here's a link to where you can download and view the FULL Part 107 (latest version) but keep in mind.. it's 624 pages long.


Part 107 FULL Download (long read)

 

[Just Mark]

Freeway is pretty much a NO GO in terms of "flying over people". As quoted above ""inside stationary vehicle".

Also keep in mind "Directly participating" means part of your flight crew and not people in the scene etc. If they aren't responsible for some portion of the Flight Crew they are NO allowed to be flown over and it doesn't matter if they know, agree, sign a form or whatever. Not over people is pretty much cut n dried.

Thanks so much for the explanation. So if I will be flying over "actors" (i.e., compensated people), then I would get a waiver through the FAA portal first, right? (Sorry, I am a slow learner. Just making sure it is in the same place where I would request authorization if I needed to enter controlled airspace.)

 

[Just Mark]

Here's a link to where you can download and view the FULL Part 107 (latest version) but keep in mind.. it's 624 pages long.
Part 107 FULL Download (long read)

Thank you for the link. I guess instead of setting aside a week to read through it, I should download it and use PDF search functionality whenever I have a question.

 

[daveisim]

Here's the actual Part 107:
eCFR — Code of Federal Regulations

If you would like to reference all the FAA rules (as a few in 107 reference others outside of it):
eCFR — Code of Federal Regulations

 

[Just Mark]

Here's the actual Part 107:
eCFR — Code of Federal Regulations

If you would like to reference all the FAA rules (as a few in 107 reference others outside of it):
eCFR — Code of Federal Regulations

Thanks for the links!

 

[BigAl07]

Thanks so much for the explanation. So if I will be flying over "actors" (i.e., compensated people), then I would get a waiver through the FAA portal first, right? (Sorry, I am a slow learner. Just making sure it is in the same place where I would request authorization if I needed to enter controlled airspace.)

You can sure try but to date (or at least last time I checked) only 3 waivers for §107.39 Flying Over People have been granted and 2 of those (maybe just an original and a revision) were to the same company. So you're welcome to try but the odds of getting it are a LOT to 3.

 

[daveisim]

Here's a link to where you can download and view the FULL Part 107 (latest version) but keep in mind.. it's 624 pages long.


Part 107 FULL Download (long read)

That has a lot of nice summary's, discussion's, background and comments. For those reading it, the actual Part 107 rules start on page 597.

 

[Blessed77]

You can sure try but to date (or at least last time I checked) only 3 waivers for §107.39 Flying Over People have been granted and 2 of those (maybe just an original and a revision) were to the same company. So you're welcome to try but the odds of getting it are a LOT to 3.

Just 2 companies have been granted 107.39 Waivers. The first one was CNN (twice). And the other is FLIR. Their's appeared to be a direct transfer from a waiver they received for a 333 Exemption. CNN's waiver is interesting. It is the only one that allows for overflight of non-consenting, non-participants. However it is very strict. It can only be done using the system of record in their waiver which is a small GoPro tethered bird called the Fotokite. It can only be flown at an altitude of no more than 21 feet AGL. And it cannot be done over a large open air assembly of people. Here is interesting part to their waiver. They can only operate under this waiver in controlled access private property where they have been granted permission to operate under a competent legal authority. In addition each non-participant must be given notice of the sUAS activity.

FLIR's waiver is much less strict. Their provisions are that the aircraft cannot get within 10 feet of a non-participant and they are not allowed to make any modifications to the aircraft or use any part other than the OEM component without FAA approval.

 

[Just Mark]

You can sure try but to date (or at least last time I checked) only 3 waivers for §107.39 Flying Over People have been granted and 2 of those (maybe just an original and a revision) were to the same company. So you're welcome to try but the odds of getting it are a LOT to 3.

Thanks for the info.

 

[Just Mark]

Just 2 companies have been granted 107.39 Waivers. The first one was CNN (twice). And the other is FLIR. Their's appeared to be a direct transfer from a waiver they received for a 333 Exemption. CNN's waiver is interesting. It is the only one that allows for overflight of non-consenting, non-participants. However it is very strict. It can only be done using the system of record in their waiver which is a small GoPro tethered bird called the Fotokite. It can only be flown at an altitude of no more than 21 feet AGL. And it cannot be done over a large open air assembly of people. Here is interesting part to their waiver. They can only operate under this waiver in controlled access private property where they have been granted permission to operate under a competent legal authority. In addition each non-participant must be given notice of the sUAS activity.

FLIR's waiver is much less strict. Their provisions are that the aircraft cannot get within 10 feet of a non-participant and they are not allowed to make any modifications to the aircraft or use any part other than the OEM component without FAA approval.

Thank you for the input.