Page 41 - 31030 eBook Part107 FIN

OPERATIONS PLANNING,
OVERFLYING PEOPLE
Q What is the 107 current regulation
regarding first-person viewing (FPV), and
will that change?
Part 107 does not prohibit first-person viewing, but
FPV doesn’t meet the requirements for maintaining
visual line-of-sight with the aircraft. Part 107 requires
the remote pilot-in-command to be able to see the
aircraft at all times without aids other than glasses
or contact lenses. This would seem to not allow
the remote-PIC to use any FPV devices which block
normal vision. The FAA has stated that they don’t
have enough data to validate the use of FPV as an
acceptable method of meeting the requirement to
detect-and-avoid other traffic. It’s possible that in the
future enough data may become available to allow
the FAA to validate the use of FPV. The visual line-of-
sight requirement is waiverable, but Part 107 seems
to not allow the use FPV as a method of providing
equivalent level of safety (ELOS) during a beyond
visual line-of-sight operation (BVLOS).
41 | Navigating Part 107
Q Has there been any legal definition
of “people directly involved in the
operation” as stated in Part 107?
Part 107 does not contain the phrase “people directly
involved in the operation.” 14 CFR 107.39 prohibits
operation over a human being unless that person is
“directly participating in the operation of the small
unmanned aircraft.” This means crew, not subjects,
bystanders, or any other people. Without offering a
legal opinion, a crew may be as small as one person
(remote-PIC) or have many members (remote-PIC,
remote-operator under remote-PIC supervision, visual
observer, sensor operator, aircraft handler, operator
of ground equipment necessary for the operation,
etc). The intent is that anyone who may be directly
overflown is aware of the risks and is under the
control or coordinating authority of the remote-PIC.
Q Flights directly over non-participants are
not allowed, but flying over participants is
allowed. I have seen FAA communications
that speak about a minimum safe distance
of 25 feet; however, the online training for
Part 107 makes it sound like you need to
get everyone completely out of the way.