A small unmanned aircraft is not eligible for any subpart D category. During the flight it passes directly over the visual observer, who is standing in the open and directly participating in the operation. Is this allowed?
- ANo, because the observer is not under a covered structure
- BYes, because the observer is directly participating in the operation
- CNo, because flight over any person requires a subpart D category
Show answer and explanation
Correct answer: B. Yes, because the observer is directly participating in the operation
§107.39 allows operation over a human being if that person is directly participating in the operation (§107.39(a)), is under a covered structure or inside a stationary vehicle (§107.39(b)), or the operation meets a subpart D category (§107.39(c)).
- A. Incorrect. §107.39(b) is only one exception; §107.39(a) separately allows flight over a person directly participating in the operation.
- B. Correct. §107.39(a) allows operation over a human being who is directly participating in the operation of the small unmanned aircraft.
- C. Incorrect. §107.39 lists subpart D categories as only one of three ways; a directly participating person is covered by §107.39(a).
Source
14 CFR Part 107 (eCFR), §107.39(a) (a) That human being is directly participating in the operation of the small unmanned aircraft;