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Stationary vehicle exception for flight over a person

Remote Pilot (Part 107) practice question 28 of 34 on Regulations / Operating Rules. ACS element UA.I.B.K17 · difficulty: standard. Want to answer it in a timed quiz? Use the Remote Pilot (Part 107) practice mode.

Question bank updated 2026-09-22

QUESTIONA remote pilot in command plans a flight that will pass over a person who is not taking part in the operation. Under § 107.39, which circumstance by itself permits the flight over that person?

  1. AThe person is inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft
  2. BThe person has been told about the flight in advance and has verbally agreed to let the aircraft pass directly over him or her
  3. CThe remote pilot in command keeps the aircraft at least 100 feet above ground level while passing over the person
Show the answer and explanation

Correct answer: A. The person is inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft

  • A — correct § 107.39(b) permits operation over a human being who is located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft.
  • B — incorrect Consent by the person is not one of the conditions in § 107.39. The section allows the flight only for direct participants, people under a covered structure or in a stationary vehicle, or operations meeting a subpart D category.
  • C — incorrect § 107.39 contains no minimum-altitude exception. Height above the person does not by itself make the flight legal.

BACKGROUND

Section 107.39 prohibits operating a small unmanned aircraft over a human being unless one of three conditions is met. The person is directly participating in the operation; the person is located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft; or the operation meets the requirements of at least one of the operational categories in subpart D of part 107 (Categories 1 through 4). Neither the person's consent nor the aircraft's altitude appears in the section. The subpart D categories are covered in detail under Area of Operation I, Task E of the Airman Certification Standards.

STUDY TIP

Learn the three exits from § 107.39 as a list: direct participant, covered structure or stationary vehicle, or a subpart D category. Anything else is a violation.

KEY POINTS

  • Flight over a non-participant is prohibited unless an exception applies.
  • A covered structure or a stationary vehicle providing reasonable protection is one exception.
  • The other exceptions are direct participation and meeting a subpart D operational category.

SOURCES

  • 14 CFR 107.39
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SkyDrill is not affiliated with the FAA. This is an original practice item based on 14 CFR part 107, 14 CFR part 89, and the FAA Remote Pilot – Small UAS Study Guide (FAA-G-8082-22). Regulations and handbooks are revised; confirm details against the current edition.