I flew over my small town and posted it on you tube.  Now..   I am flying as a hobbies...   Today some local jerk posted that he was reporting me to the FAA because in my video, for a few seconds, my drone was above moving cars.  

From everything I read for "hobbies"  ( https://www.faa.gov/uas/getting_started/fly_for_fun/ ) it's legal to fly above a car...   

I responded and he threw back at me a rule for professionals that suggest if cars are moving you can't (part of Part 107 I think).  

Anyone have any guidance here?   

Thanks guys

Tell him to go ahead and report you. Firstly he probably wont do it, and secondly, the FAA have bigger fish to fry.

From the FAA Web site in the Unmanned Aircraft Systems Section "Where To Fly" :

Safety Guidelines

Individuals flying for hobby or recreation are strongly encouraged to follow safety guidelines, which include:
•Fly at or below 400 feet and stay away from surrounding obstacles
•Keep your UAS within sight
•Never fly near other aircraft, especially near airports
•Never fly over groups of people
•Never fly over stadiums or sports events
•Never fly near emergency response efforts such as fires
•Never fly under the influence of drugs or alcohol
•Understand airspace restrictions and requirements


Here's the link.

Don't antagonize him.......just respond with this information and the link where he can find it for himself.

It says that those are safety guidelines, not rules!  I wouldn't worry about him. Some people just have to stick they noses into everything.  Chances are  he has never had the pleasure of flying  a Phantom.  If he had, I'm sure he would be hooked and have a different point of view.

I would just ignore him.

If you are flying as a hobby then the part 107 rules and requirements do not apply to you. Part 107 is for commercial pilots such as what we do for real estate and construction firms. This is the typical response from uninformed public paranoid about drones. Just tell him you are not flying commercially and follow all the safety guidelines provided by the FAA, offer to do a video of his house and property for him so he can impress his friends!!

If this is someone just searching the YouTube looking for things to complain about......best advice was above - ignore, don't engage and likely never hear from FAA.........

NetDep Posted at 2017-6-11 06:21
If this is someone just searching the YouTube looking for things to complain about......best advice was above - ignore, don't engage and likely never hear from FAA.........

I don't know the rules for hobby flying in the US, but here in Danmark one can not fly over towns or "built-up areas", congregations of people, or at less than 150 meters from major roads - and other limitations.

My understanding is that if you're flying in the US as a hobbyist which means you're flying under CFR Part 101 which is to say you're flying under PL 112-95 sec 336, then you are indeed prohibited from flying over cars - even parked cars.  This is concluded because of the the sub-section (a)(2) of the law which states

the aircraft is operated in accordance with a community-based
set of safety guidelines and within the programming
of a nationwide community-based organization;

...and the only community-based set of safety guidelines which is within the programming of a nationwide community-based organization in existence is AMA's Safety Code.  So if we look at that, we see this:

B. RADIO CONTROL (RC)
1. All pilots shall avoid flying directly over unprotected people, vessels, vehicles or structures and shall avoid endangerment of life and property of others.

http://www.phantompilots.com/thr ... del-aircraft.94297/

So indeed, it seems, technically, you're not supposed to fly directly over cars as a hobbyist in the US.  And because of the language in Part 107, this means the so-called recreational flight is disqualified as a Part 101 flight and automatically defaults to a Part 107 flight, which potentially opens the door to a lot of problems, the first of which is the recreational pilot probably doesn't have a 107 certificate.

https://www.ecfr.gov/cgi-bin/tex ... .2.107&rgn=div5

https://www.faa.gov/uas/media/Part_107_Summary.pdf

However, there's never been any enforcement of this particular nuance of the law that I've ever heard of, and I suspect a crash into a car would be required to really get the FAA's attention.  

Having said that, I agree with RtinTN above.  I would ignore him.  

Thank you for all the guidance guys...  Here are the two videos in question...   I deleted his comments...   Which started off with "You give us multi-copter flyers a bad name..."   I didn't think that either of these videos were reckless.   Maybe you can give me your opinion if I am out of line.  I don't want to do anything illegal.   Thanks again.



AND

I'd ask him/her if he would like a demonstration & maybe even a little go himself
Show a copy of the SIM card showing you havnt taken any videos of his property and even ask if he would like to video his property for his own pleasure (deleted after of course) I'm sure he'll come round & probably get the bug himself, offer to take him out somewhere where he can safely have a decent try
Get him on your side & it'll be a different story altogether

SRPitera Posted at 2017-6-11 12:49
Thank you for all the guidance guys...  Here are the two videos in question...   I deleted his comments...   Which started off with "You give us multi-copter flyers a bad name..."   I didn't think that either of these videos were reckless.   Maybe you can give me your opinion if I am out of line.  I don't want to do anything illegal.   Thanks again.

https://www.youtube.com/watch?v=w_Tc17KjZ6o

Look being totally honest the best bits in your video were around what looked like the safest places to fly, where your flying over cars pretty low you are taking a risk, question is what was your plan if your aircraft had a problem?

I would recommend if you want to film the streets in your town you get up at the crack of dawn when town is deserted colours are always better and there is something nice about filming something we don't often see deserted streets.

It's just my opinion, but I think that when flying in these conditions, it's best to try to have a plan for when something goes wrong , know what your going to do if it happens and reduce as much risk as you can.

And your videos are nice, don't take advice the wrong way, it's meant to help..

hallmark007 Posted at 2017-6-11 13:04
Look being totally honest the best bits in your video were around what looked like the safest places to fly, where your flying over cars pretty low you are taking a risk, question is what was your plan if your aircraft had a problem?

I would recommend if you want to film the streets in your town you get up at the crack of dawn when town is deserted colours are always better and there is something nice about filming something we don't often see deserted streets.

I agree the videos are nice but you are doing more than flying over cars. There are people walking around also, that is a huge risk (IMO). At the very least you should get authorization from someone in authority in town and discuss with them what you want to do and demonstrate you have a safety check list for the AC and an emergency plan if something went wrong, such as a designated landing area. Would be a good idea to use a visual observer to keep an eye on ground conditions while you are watching the AC. I have my part 107 certificate but I avoid flying around people, just don't need the risk. I would hate to be the test case when a drone falls out of the sky and seriously injures or kills someone.

I take no offense.     I'm appreciative of the advice.   Its how we learn.  And I will take your advice.   Should I take these videos off my youtube channel?   Am I breaking the law and risk the law coming after me?

(Also, I always fly with a visual observer and an emergency landing plan)   

Better safe then sorry.  I'm just going to take them down.  Thanks for all the advice guys.   

SRPitera Posted at 2017-6-11 15:14
I take no offense.     I'm appreciative of the advice.   Its how we learn.  And I will take your advice.   Should I take these videos off my youtube channel?   Am I breaking the law and risk the law coming after me?

I don't think you need to take them down, there not offensive and I do think as geebax said FAA have bigger fish to fry,
It's clear your interested in being safe and responsible that's why your here, should be more like you, keep shooting the videos and keep posting.

SRPitera Posted at 2017-6-11 15:41
Better safe then sorry.  I'm just going to take them down.  Thanks for all the advice guys.

If it was me I would take them down. The world is full of busy bodies and people looking for issues to file complaints. Why give them ammunition!