If you’re not sure what those letters mean, this article is for you.
If you are sure what those letters mean, this article is also for you.
I’ll start with the point of this article. Nowhere in UAS regulations does it state you may not fly over moving vehicles. Sustained flights are specifically forbidden (§ 107.145 (b)(2)) , except under specific exceptions, but not other flights. You can transition over moving vehicles if you do not fly over the people in them even if you’re not using an OOP compliant drone.
Yes, I know that’s pedantic, but that’s how the regs are written.
For some reason there seems to be a dearth of confusion over just what the rules are for flying over people, and flying over moving cars. Now admittedly, reading FARs (Federal Aviation Regulations) can either be sleep inducing, or just outright frustrating. But when it comes to drone regulations, they’re really not that hard to understand.
Especially when it comes to OOP (Operations Over People, in case you hadn’t figured that out yet). OOMV (Operations Over Moving Vehicles) can be a tad confusing though if you don’t read it right. We’ll get to that in a bit.
OPERATIONS OVER PEOPLE:
It’s quite simple. In order to fly your drone over people, you have five options. First four would be to fly under Subpart D, which is the FAA’s newest OOP rules. For three of those, the drones need an FAA Declaration of Compliance (DOC). Suffice to say you’ll know if you have one of those. Just in case you’re not sure, you can look them up the FAA’s DOC page. You can find that here. Simply choose “OOP” from drop down menu, and you’ll see which drones are available. As of this writing (10.14.23), there is only one Category 3 drone. And that’s the eBee X made by AgEagle. Not exactly a versatile sUAS. Great for mapping, but pointless if you’re looking to film a beach scene or flying a concert or sporting event.
So if you need to fly a Category compliant drone, that’s the only option with an FAA DOC. And it’s for Category 3.
As mentioned, for three of those categories, you need an FAA approved DOC. Those categories are 2-4. I won’t go into the criteria for each of those drones, but if that’s something that interests you, or you’re having trouble sleeping at night, here is the link. Each of those three categories have very specific criteria to qualify. And that’s why it’s going to be the manufacturers who apply for those DOCs.
But there is, of course, Category 1. Those drones do not need an FAA DOC. Instead the RPIC “certifies” the drone themselves. The RPIC needs to ensure that the drone satisfies two main criteria. First, the drone has to be under 250 grams, all up weight. Second, the drone can’t “contain any exposed rotating parts that would lacerate human skin upon impact”. To me, that means fully enclosed prop cages. Some may disagree and say Mini series props don’t cause lacerations, or that since the motors stop spinning, they aren’t “rotating parts that would lacerate human skin upon impact”.
If you’re in that camp, all I can say is you better be 100% correct if something goes wrong. Because if you’re not, it’s gonna get ugly.
That’s basically it. There is more, like the necessity of RID for “sustained flight over open-air assemblies of human beings”. But other than that, you can fly your Category 1 drone over people. Side note: we’re seeing people state that they can fly over people now simply because they have a drone with RID. That is not true. You still need to satisfy the actual OOP requirements. So quit saying that if you’re one that does.
So, what’s the fifth way? A 107.39 Waiver. That will allow you to fly any approved drone over people. And crowds if you have RID. Which by the way is in effect.
OPS OVER MOVING VEHICLES:
Let’s dive into 107.145, vaguely titled “Operations over moving vehicles”. The title itself is what causes much of the confusion, because it’s actually not about flying over moving vehicles at all. The very first sentence of 107.145 tells you what it’s about. It simply states, “No person may operate a small unmanned aircraft over a human being located inside a moving vehicle unless the following conditions are met:”, then goes on to list those conditions. And each of those conditions are tied to one of the four categories of OOP drones. So it’s not about flying over the actual vehicle, it’s about flying over the people inside those vehicles.
And by the way, “vehicle” doesn’t just mean car or truck. It also means trains, boats, bicycles, skateboards, and pretty much any mechanical conveyance that moves people. Including roller coasters…
107.145 allows you to fly your drones over people who are located inside a moving vehicle if your drone meets 4 OOP Categories in Subpart D of the Part 107 OOP rules. Or, if you have a 107.145 Waiver you can fly over those people using the drone mentioned on your waiver application.
So where is the confusion about flying over moving vehicles?
First, the title of 107.145 does confuse some folks. And since some people only go off of what the title states, so they assume (there’s that word) that it means no flying over moving vehicles. Other folks seem to take part of 107.39 out of context. § 107.39 (b) states you can fly over people “inside a stationary vehicle”. It’s seems folks think that means you can’t fly over a moving vehicle. I have no idea how that computes, but you see drone pilots in the forums insisting that means you can’t fly over moving vehicles. Again, I have no idea why.
LET’S EXPAND ON THIS…
If you need to transition over a moving vehicle, and you can ensure you’re not flying over the people inside that vehicle, and it’s not a sustained flight, go for it. Of course you do need to take driver distraction into account though. So don’t fly in a manner that can distract drivers. That’s not an FAA rule, just common sense, and a reminder to always fly friendly.
How about some examples…
Suppose you need to fly over a group of cars at a rally, and you don’t have a waiver or an OOP Compliant drone. You can ensure there are only drivers in the vehicles (& they aren’t righthand drive), and only fly over the passenger seats. That’s perfectly legal.
Suppose you’re at a pickup truck mud meet (my inner Redneck is showing…). You can fly over those vehicles if you only fly over the empty truck beds.
Yes, I know I’m being pedantic here, but that’s what FARs are all about.
IN SUMMARY:
So to summarize, you can fly over moving vehicles if you can do so without flying over the people in those vehicles, or you need a waiver or an OOP compliant drone (Cat. 1-4). If you want to fly over people in ANY situation, you must have an OOP compliant drone, or a waiver. You can’t transition over anyone w/o one of the above drones or waivers. And yes, you need RID to fly “sustained flights over open-air assemblies”. So if your drone doesn’t have RID, it can’t fly there. Even if it meets the rest of the criteria.
I truly hope this clears things us. There is so much confusion in the forums, and there really doesn’t need to be.
And oh yeah, do you want a 107.30/107.145 waiver? If so, we have an app for that. Technically, it’s not an app, but an article. Follow this link. We’ll release the reference material and put out a new video my 10.29.23. So check back after that to get access to the material where you can get your own 107.39/107.145 Operational Waiver.
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