11–8–3 Precautions: Flight Over or Near People, Vehicles, Manned Aircraft, and Night Operations

a. Flight over or near people and vehicles:

1. Remote pilots and recreational flyers should carefully consider the hazards of flight operations over or near people. 14 CFR part 107, subpart D, Operations Over Human Beings, allows certain Operations Over People (OOP) and vehicles, based upon four different operational categories of UA weight and construction, and the likely severity of injury to people on the ground, in the case of contact. Part 107 operators may request a waiver to these restrictions.

2. Part 91 remote pilots may refer to restrictions and permissions, regarding flight over people, in their respective COAs.

3. Recreational flyers should consider the safety of other persons when flying. 49 USC 44809(a)(2), Exception for Limited Recreational Operations of Unmanned Aircraft, requires recreational flyers to operate in accordance with the safety guidelines of an accepted CBO; these guidelines will usually include safety precautions for flight near people.

4. For further information on the rules for flying over people or vehicles, see paragraph 11-4-6, Airspace Restrictions to Flight.

Reference: 14 CFR Part 107, Subpart D, Operations Over Human Beings; 49 USC 44809(a)(2), Exception for Limited Recreational Operations of Unmanned Aircraft.

b. Flight in the Vicinity of Manned Aircraft:

1. The pilot of any unmanned aircraft operation retains the ultimate responsibility to avoid manned aircraft traffic. UAS operators should remember that manned aircraft may fly below 400 feet AGL; examples include helicopters, agricultural aircraft, light civil aircraft, and military aircraft. UAS pilots must ensure they have unblocked visual access to both their UAS and the airspace around it; not seeing a manned aircraft due to blocked line of sight does not absolve the UAS pilot from responsibility for avoidance.

2. Should public safety or emergency responder aircraft (e.g., police, fire suppression, helicopter emergency medical services) operations be interfered with by UAS, substantial fines can be levied on the UAS operators involved. Enforcement actions can include revocation or suspension of a pilot certificate, and up to a $20,000 civil penalty per violation.

c. Night Operations.

1. Night operations are permitted under 14 CFR parts 91, 14 CFR part 107, and Section 44809. However, requirements for meteorological visibility, and for the operator or visual observer (VO) to maintain VLOS with the UAS at all times, should be considered; see subparagraph 11-5-1i.

2. 14 CFR section 107.29, Operation at Night, requirements include initial pilot training and equipment such as an anti-collision light which is visible for at least three statute miles, with a flash rate sufficient to avoid a collision.

3. Part 91 operators civil and PAO should refer to their specific COAs for any further instructions or limitations on night flight.

Reference: 14 CFR Section 107.29, Operation at Night.