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Persons who may be overflown without an operational category

Remote Pilot (Part 107) practice question 6 of 19 on Regulations / Operations Over People. ACS element UA.I.E.K1 · 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 is flying a small unmanned aircraft that is not eligible for any operational category in subpart D of part 107. Under § 107.39, over which person may the aircraft still be operated?

  1. AA spectator standing in the open who has agreed in writing to the flight
  2. BA person inside a moving vehicle on a closed-access site with notice
  3. CA person inside a stationary vehicle that gives reasonable protection
Show the answer and explanation

Correct answer: C. A person inside a stationary vehicle that gives reasonable protection

  • A — incorrect § 107.39 contains no consent exception. A person in the open who is not directly participating in the operation may be overflown only if the operation meets one of the subpart D categories.
  • B — incorrect Operations over people inside moving vehicles are governed by § 107.145, which requires the operation to be conducted under Category 1, 2, 3 or 4 in addition to the closed-site or no-sustained-flight condition. An aircraft with no category cannot use it.
  • C — 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, with no operational category required.

BACKGROUND

Section 107.39 of 14 Code of Federal Regulations (CFR) part 107 is the base rule for operations over human beings. It prohibits operating a small unmanned aircraft over a human being unless one of three conditions is met. The first is that the person is directly participating in the operation of the aircraft. The second is that the person is under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling aircraft. The third is that the operation meets the requirements of at least one of the operational categories in subpart D. Only the third condition depends on the aircraft's category eligibility.

STUDY TIP

Memorize the three § 107.39 exceptions as a set, and note that the first two apply to any aircraft while the third depends on the aircraft's category eligibility.

KEY POINTS

  • § 107.39 bars flight over a human being unless one of three conditions is met.
  • Direct participants and people under a covered structure or in a stationary vehicle may be overflown without a category.
  • People inside moving vehicles fall under § 107.145, which still requires a Category 1 to 4 operation.

SOURCES

  • 14 CFR 107.39
  • 14 CFR 107.145(a)
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MORE ON REGULATIONS / OPERATIONS OVER PEOPLE

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.