Best practices: Flight over people; Operations Over Human Beings

[Kristina Fowler]

A client has asked me to do a flight over a hotel property that is usually frequented by tourists coming and going. There is a generous amount of uncovered open space where tourists (and locals) are free to roam. The volume of tourists at any one time is moderate - with comfortable open space between people walking in the area.

The FAA states:

In Section 107.39, Operations Over Human Beings, what does "over people" mean?​

​

The term "over" refers to the flight of the small unmanned aircraft directly over any part of a person. For example, a small UAS that hovers directly over a person's head, shoulders, or extended arms or legs would be an operation over people. Similarly, if a person is lying down, for example at a beach, an operation over that person's torso or toes would also constitute an operation over people. An operation during which a small UAS flies over any part of any person, regardless of the dwell time, if any, over the person, would be an operation over people.​

Question: if an operator is flying over that area, how can the operator be assured he/she is not over people? Is that even possible? How do you measure the horizontal distance from the drone to the person?? Should the operator abandon the mission if he/she is aware there is at least some probability they could be flying over people and not realize it? I'm not receptive to applying for a waiver, especially if it requires extra equipment (parachute). I think the answer is pretty obvious, but I always appreciate feedback from the forum.

Thanks in advance....

 

[PhantomFandom]

A client has asked me to do a flight over a hotel property that is usually frequented by tourists coming and going. There is a generous amount of uncovered open space where tourists (and locals) are free to roam. The volume of tourists at any one time is moderate - with comfortable open space between people walking in the area.

The FAA states:

In Section 107.39, Operations Over Human Beings, what does "over people" mean?​

​

The term "over" refers to the flight of the small unmanned aircraft directly over any part of a person. For example, a small UAS that hovers directly over a person's head, shoulders, or extended arms or legs would be an operation over people. Similarly, if a person is lying down, for example at a beach, an operation over that person's torso or toes would also constitute an operation over people. An operation during which a small UAS flies over any part of any person, regardless of the dwell time, if any, over the person, would be an operation over people.​

Question: if an operator is flying over that area, how can the operator be assured he/she is not over people? Is that even possible? How do you measure the horizontal distance from the drone to the person?? Should the operator abandon the mission if he/she is aware there is at least some probability they could be flying over people and not realize it? I'm not receptive to applying for a waiver, especially if it requires extra equipment (parachute). I think the answer is pretty obvious, but I always appreciate feedback from the forum.

Thanks in advance....

You did say that the answer was likely pretty obvious and that is indeed true. The entire point of the regulation is to mitigate any potential injuries to civilians if a drone should fail and fall from the sky. As such, if you cannot guarantee that there will be no possibility of anyone walking beneath the drone during the entirety of the flight, then you should not be flying there.

Is it likely that your flight will be trouble free, even with the occasional passerby? Sure that is most likely. However, are you willing to take the chance that your drone could fail, fall from the sky and injure someone?

 

[Recoveryone]

One would have to think in the realm of known/prior knowledge of probability. Contained area is a key factor, stadiums, fairs or any large gathering that limits the movement of people to a certain area would be a major factor. A hotel with common spaces is a contained area for people to gather. Other factors to consider, is this an off season for tourist? Will the flight be conducted when the common areas are not accessible to the public or even time of day. As the PIC you are responsible for all factors of the flight operations and checking on ground activity is one to consider if flying in an area that has a high probability of people being in the area.

 

[R Martin]

A client has asked me to do a flight over a hotel property that is usually frequented by tourists coming and going. There is a generous amount of uncovered open space where tourists (and locals) are free to roam. The volume of tourists at any one time is moderate - with comfortable open space between people walking in the area.

If the client wants the video and photos, then they should be willing to provide the staffing to shut down the area or at least shut down a smaller operating area within the area of interests. Barring that, this is any easy I'll get back to you once I check the regs and then a day later, a hard no.

 

[LUIS MARTINEZ]

A client has asked me to do a flight over a hotel property that is usually frequented by tourists coming and going. There is a generous amount of uncovered open space where tourists (and locals) are free to roam. The volume of tourists at any one time is moderate - with comfortable open space between people walking in the area.

The FAA states:

In Section 107.39, Operations Over Human Beings, what does "over people" mean?​

​

The term "over" refers to the flight of the small unmanned aircraft directly over any part of a person. For example, a small UAS that hovers directly over a person's head, shoulders, or extended arms or legs would be an operation over people. Similarly, if a person is lying down, for example at a beach, an operation over that person's torso or toes would also constitute an operation over people. An operation during which a small UAS flies over any part of any person, regardless of the dwell time, if any, over the person, would be an operation over people.​

Question: if an operator is flying over that area, how can the operator be assured he/she is not over people? Is that even possible? How do you measure the horizontal distance from the drone to the person?? Should the operator abandon the mission if he/she is aware there is at least some probability they could be flying over people and not realize it? I'm not receptive to applying for a waiver, especially if it requires extra equipment (parachute). I think the answer is pretty obvious, but I always appreciate feedback from the forum.

Thanks in advance....

An area under the drone will have to be roped off plus secured by staff to ensure no one "jumps the rope." Otherwise just say no.

 

[BigAl07]

This scenario is the reason why we do some of our shoots during days off or off hours to try and mitigate "people on site" as much as possible.

I think @R Martin nailed it with his last statement.

 

[R Martin]

I had to learn how to say no without using the actual word. I get a lot of ... unusual request from upper management and a negative response is better received without the actual 'no' word. Let me check the regs and I'll get back to you. I'll have to verify that the weather is favorable for that day. Those are my go-to responses that can always be followed up with "I'm sorry but federal regulations prohibit me from flying over a heavily populated area of campus BUT if you direct DPS to close a couple of square blocks during peak class times we would be able to accomplish what you want." In other words, no.

 

[R.Perry]

One of the areas I need to shoot at the college is very close to Students. Based on the altitude I'm shooting from and the potential trajectory if something should go south. The director of the UAV department at the college has told me that as long as I'm fifty feet at 100 feet from any students I'm ok. He is on first name bases with both of the FAA folks in this area an there has never been an issue with either of them. Needless to say, you can not overfly people, it is done all the time by some people but it isn't worth taking a chance. I guess my point is if you could clear a area with a 50 foot radius that will remain clear of people you would probably be ok.

 

[Phaedrus]

This is worth a read. Some good info and ideas.

Over People Waivers & 107.39-The Ultimate Guide (From a REAL Attorney)

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