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⚖ Operations · § 107.23; 14 CFR § 107.49Q-193 · 193 of 251

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.
SOURCE → 14 CFR § 107.23; 14 CFR § 107.49CHECKED APR 21ACS V.A.K8HARD
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