9.1 Common UAS Regulation Violations
Unless given special permission by the FAA under Part 107 regulations, you are only allowed to operate
- Within Visual Line of Sight
- Not Over People
Unfortunately, these are two of the most common UAS violations that we see, especially with videos on the internet. Within the UC system, we are obligated to follow all applicable regulations. So even if you see someone else fly in violation of the laws, it’s not ok for you to replicate it.
9.1.1 Visual Line of Sight
Visual line of sight means that the pilot of the drone must be able to see the drone throughout the entire flight in order to
- know the drone’s location
- determine the drone’s attitude (orientation), altitude, and direction of flight
- observe the airspace for other air traffic or hazards
- determine that the drone does not endanger the life or property of another
The pilot must be able to do the above at all times, but doesn’t have to be at all times - meaning he or she may glance at other objects, as long as the drone never leaves the pilot’s ability to resume looking at the drone at any time.
At any given time, at least the pilot or any visual observers must maintain visual line of sight - meaning while the pilot is looking away, there must be a visual observer to watch the drone during that time.
9.1.1.1 A Speck in the Sky is not Sufficient
At all times, your drone must be close enough that you can tell which direction the drone is facing, how high it is and whether there are any hazards. If all you can see of your drone is a small dot, it means you’ve gone too far. In practice, your visual distance may be significantly impaired by trees or buildings in the horizon that may make it difficult to see the drone.
Common Drones and recommended max visual distance (on a clear day in a rural location)
- DJI Mavic Series 900 ft horizontal distance
- DJI Phantom Series 1200 ft horizontal distance
- DJI Matrice 600 Pro 3000 ft horizontal distance
- Fixed-wing (10ft wingspan) 5000 ft horizontal distance
9.1.1.2 You must be able to assess risk
If you can’t see the sky around the drone or the ground below the drone as in Figure 9.2, you’re not within visual line of sight.
Figure 9.2: Visual Line of Sight
If this is a scenario that you’re looking to do, you may be able to deploy a helper to assist to maintaining a clear flight operational area. However, at no point is the drone allowed to be not viewable by the pilot.
9.1.2 Operations over Human Beings
Starting April 2021, drones may be issued a special Category certification that allows for operations over people. Table 9.1 contains an overview of the requirements and restrictions for flight operations over people.
Category 0, or Unlisted
Drones that do not have the Category certification are prohibited from operations over people. In addition to your drone not being allowed to be flown directly over people (107.39), they are prohibited from flying in a manner that poses a hazard to other people in the event of a loss of control of the drone for any reason (107.19(c)). The combination of the two regulations form the majority of the restrictions around people. For drones without the correct Category Certification, you may only fly above people who are part of the immediate flight crew and whose tasks include ensuring flight safety. It is not sufficient to provide spectators with personal protective equipment (PPE), or ask spectators to sign waivers.
Category 1
Category 1 classification is for drones that weigh less than 0.55 lbs and have rotor protection, such as prop guards. These are assumed to have minimal safety risk for operations over people and moving vehicles, and as such, they are allowed to operate in transit over people. This means that the drone can pass over other people, but may not hover over them. If the drone is equipped with Remote ID, then the drone may hover over people, or open air assemblies of people. Starting in September 2023, all drones that do not have Remote ID will be restricted to special zones known as FAA Recognized Identification Areas.
Category 2
Category 2 classification is for drones that have been granted a certificate that they will not cause a severe injury and include rotor protection, such as prop guards. The FAA provides a list of all models of drones that are certified for Category 2 operations. Similarly to Category 1, these are assumed to have safety risk for operations over people and moving vehicles, and as such, they are allowed to operate in transit over people. This means that the drone can pass over other people, but may not hover over them. If the drone is equipped with Remote ID, then the drone may hover over people, or open air assemblies of people. Starting in September 2023, all drones that do not have Remote ID will be restricted to special zones known as FAA Recognized Identification Areas.
Category 3
Category 3 classification is for drones that have been granted a certificate that they will not cause a fatal injury and include rotor protection, such as prop guards. The FAA provides a list of all models of drones that are certified for Category 2 operations. Category 3 is the highest level of allowable risk and are restricted to only in transit flights over people with or without Remote ID. Flying over open air assemblies of people is prohibited unless the drone is equiped with Remote ID and the all persons the drone is flying over has consented.
Category 4
Category 4 classification is a special authorization case for drones that have obtained a Part 21 Airworthiness Certification. The airworthiness certificate will specify the requirements and restrictions for operations over people.
| Category | Requirements | With Remote ID | Without Remote ID |
|---|---|---|---|
| Cat 0 | None | Not allowed | Not allowed |
| Cat 1 | Under 0.55 lbs Prop Guards |
In transit flights over people Flights over open air assemblies |
In transit flights over people Only in FRIAs (2023) |
| Cat 2 | FAA certification Not cause a severe injury Prop Guards |
In transit flights over people Flights over open air assemblies |
In transit flights over people Only in FRIAs (2023) |
| Cat 3 | FAA certification Not cause a fatal injury Prop Guards |
In transit flights over people Flights over consenting open air assemblies |
In transit flights over people Only in FRIAs (2023) |
| Cat 4 | FAA Airworthiness Certification | In transit flights over people Flights over open air assemblies |
In transit flights over people Only in FRIAs (2023) |