A remote pilot is flying a real estate photo mission at 80 feet AGL directly above a residential driveway. The area was clear at launch. Mid-flight, a delivery driver pulls in and walks directly beneath the drone toward the front door. The pilot notices via the controller display. What is the correct action?
Why →Under 14 CFR § 107.23 and the duty of care, the remote PIC must not operate in a manner that creates a hazard to persons on the ground. A person directly beneath an airborne drone at 80 feet is within the hazard area should a malfunction occur. The correct response is to immediately maneuver clear of the person. Verbal warning does not eliminate the overhead hazard.
The trap →Being 'above' someone is not the same as being safe. A drone malfunction at 80 feet directly overhead is a very different situation from one occurring laterally clear of the person. Verbal warning is not a safety control for overhead hazards. The mission can always be paused and restarted.
Field note →For residential shoots, brief the homeowner to keep the area clear and station someone at the driveway entrance if needed. When someone unexpectedly enters your hazard zone, move the aircraft first. The shot is not worth accepting the risk.