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Flying Near Busy Highway

I think we're allowed to fly over stationary vehicles with people in them, so I'm presuming flying over cars stopped a light or over a traffic jam would be ok.

But regarding flying near a busy freeway--how close is too close? Presume the drone is at 400 feet. Would it be acceptable to position it directly above the shoulder of the road?
 
I think we're allowed to fly over stationary vehicles with people in them, so I'm presuming flying over cars stopped a light or over a traffic jam would be ok.

But regarding flying near a busy freeway--how close is too close? Presume the drone is at 400 feet. Would it be acceptable to position it directly above the shoulder of the road?

Yes, stationary vehicles are OK -- you used the term "busy" highway, and the assumption is that all of the vehicles are moving.

Yes, I'd feel comfortable being over the shoulder.
 
Are you asking if it is safe, or if it is legal? Legal, yes. Safe, maybe not so much. Flying over the shoulder just requires a small jog of the stick, a bit of directional confusion, a small wind drift, or RC disconnect to possibly move over speeding vehicles. Just my opinion. Personally, I wouldn't do it short of having a good insurance policy for liability. A drone dropping down onto a speeding highway could cause a pretty big accident. Also, a drone falling from 400 ft could easily have a slight angle of trajectory over the highway if wind is present.
 
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NEGATIVE! Stationary at a traffic light is a NO GO! I'll have to look up the data behind that one (it's been a while) but I specifically remember them saying that's a NO GO! Just like Drunk Driving. If you're drunk behind the wheel sitting still at a red light/stop sign... you're still DUI/DWI or however your state puts it.

Who is to say that the car at the red light isn't about to take off unexpectedly right as you decide to fly over it, you experience a catastrophic failure, strike the windshield and create a chain reaction disaster... Odds are a LOT against it but it COULD happen.

Also just like any other aspect of AVIATION you have to take into account the What IF... if you are planning to cross a very large (wide) busy highway then you'd better make sure the What IF I lost a motor now will not put the aircraft down in the highway.
 
I think we may be splitting hairs...

Technically, vehicles (as described below) not moving are ok...but, taking what BigA107 said, might not be a good idea because you don't know if/when they may move.

Here's what 107 says:

Section 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.
 
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I think we may be splitting hairs...

Technically, vehicles (as described below) not moving are ok...but, taking what BigA107 said, might not be a good idea because you don't know if/when they may move.

Here's what 107 says:

Section 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.


I think it was a Webinar with Kevin Morris (FAA) where this came to light. Of course that's the FAA digesting the FAA's words for us but I'm afraid if this went to court it wouldn't fair very well for us in this industry.
 
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The worst thing they can do for now is "Shame on you don't do it a gain", then ask to clarify the rules.:confused:
Here I'm beside the road yet out of the way.
 

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How close can you get to it and still be safe?
Depends on what country you are talking about - different countries, different aviation laws/rules.
Since this is an international forum unless people specify what country they are talking about generic questions like this are impossible to answer!
 
Depends on what country you are talking about - different countries, different aviation laws/rules.
Since this is an international forum unless people specify what country they are talking about generic questions like this are impossible to answer!
This is why I've asked people to post what city, town or country on their profile.
 
Depends on what country you are talking about - different countries, different aviation laws/rules.
Since this is an international forum unless people specify what country they are talking about generic questions like this are impossible to answer!

In the US but this is not a question about rules or laws but of common sense.

It would be unsafe anywhere to hover over a busy freeway since an engine failure or battery failure, etc. would lead to the drone dropping out of the sky and possibly resulting in causing an accident.

The question is whether it's safe to hover just outside the roadway, or how much margin of error would be needed. In other words if hovering at 400 feet directly above the shoulder is reasonably safe, or if there is a possibility if the drone fails it wouldn't drop straight down but could drift into the highway area. For example on a P4P a failure of one motor will cause a crash but could the other three working motors drag it some distance during the fall?
 
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In the US but this is not a question about rules or laws but of common sense.

It would be unsafe anywhere to hover over a busy freeway since an engine failure or battery failure, etc. would lead to the drone dropping out of the sky and possibly resulting in causing an accident.

The question is whether it's safe to hover just outside the roadway, or how much margin of error would be needed. In other words if hovering at 400 feet directly above the shoulder is reasonably safe, or if there is a possibility if the drone fails it wouldn't drop straight down but could drift into the highway area. For example on a P4P a failure of one motor will cause a crash but could the other three working motors drag it some distance during the fall?
It's about Risk Management.
Theoretically, you could be back 400 feet from the roadway and a failure could allow the craft to end up in traffic.
Increased altitude would make it more possible.But not likely.
So we typically stay back 100 feet and minimize the altitude. That with following rigid maintenance , preflight inspections, site inspections and risk analysis we are not very likely to have any issues.
Not impossible.
The people driving on the highway are managing risk as well , high speeds and a few feet apart.
 
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I think we're allowed to fly over stationary vehicles with people in them, so I'm presuming flying over cars stopped a light or over a traffic jam would be ok.

But regarding flying near a busy freeway--how close is too close? Presume the drone is at 400 feet. Would it be acceptable to position it directly above the shoulder of the road?
I suspect that the Part 107 regulation against flying over moving cars has to do with the fact that such cars are considered to be "in traffic." A car on the roadway in a traffic lane, stopped for whatever reason, is still "in traffic" so I don't think it would be wise to test the "IT'S STATIONARY" theory when flying over a roadway. That's probably asking for trouble - especially since you never know who is going to be interpreting that regulation - if something unforeseen happens.
 
NEGATIVE! Stationary at a traffic light is a NO GO! I'll have to look up the data behind that one (it's been a while) but I specifically remember them saying that's a NO GO! Just like Drunk Driving. If you're drunk behind the wheel sitting still at a red light/stop sign... you're still DUI/DWI or however your state puts it.

Who is to say that the car at the red light isn't about to take off unexpectedly right as you decide to fly over it, you experience a catastrophic failure, strike the windshield and create a chain reaction disaster... Odds are a LOT against it but it COULD happen.

Also just like any other aspect of AVIATION you have to take into account the What IF... if you are planning to cross a very large (wide) busy highway then you'd better make sure the What IF I lost a motor now will not put the aircraft down in the highway.
I should have read this post before I put my response up. You said it all.
 
I suspect that the Part 107 regulation against flying over moving cars has to do with the fact that such cars are considered to be "in traffic." A car on the roadway in a traffic lane, stopped for whatever reason, is still "in traffic" so I don't think it would be wise to test the "IT'S STATIONARY" theory when flying over a roadway. That's probably asking for trouble - especially since you never know who is going to be interpreting that regulation - if something unforeseen happens.

The rule says nothing about "in traffic." Here's the rule:

§ 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."

If cars are stopped they are stationary, whether on a road or in a parking lot. It would be less safe to fly over a parking lot of stationary vehicles because someone could unexpectedly exit a vehicle which is not likely to happen in stopped traffic.
 
I know the rule doesn't say "in traffic." You missed the point. Never mind.

I don't think I missed the point at all. But there are times when traffic is most definitely stopped, such as in traffic jams or in rush hours, etc., when it would be safe to cross over those stationary vehicles.
 
I don't think I missed the point at all. But there are times when traffic is most definitely stopped, such as in traffic jams or in rush hours, etc., when it would be safe to cross over those stationary vehicles.

This whole debate came up during a Webinar with the FAA last year. It was made very clear that "cars in traffic" while may appear to be stationary they are not considered as such because the potential for movement at any moment. Same thing for a stop sign & red light. Stationary is more than "not moving for a moment".

Now in all reality... if I'm flying a "scene" and I'm going to need to cross the highway and traffic is grid locked I'm going to fly over the cars (with urgency) to get where I need to go. I do this knowing that if there is an incident my tail feathers are going to be in the sling because those vehicles are on a highway and I know how the regs are stated.
 

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