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Flying over a non-participant without category eligibility

Remote Pilot (Part 107) practice question 16 of 19 on Regulations / Operations Over People. ACS element UA.I.E.K6 · 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 wants to fly a small unmanned aircraft directly over a person who is not taking part in the operation, using an aircraft that does not qualify for any category in subpart D. Under § 107.39, the flight over that person is allowed only if the person is

  1. Aunder a covered structure or inside a stationary vehicle
  2. Bstanding at least 25 feet from the remote pilot
  3. Cwearing protective equipment supplied by the remote pilot
Show the answer and explanation

Correct answer: A. under a covered structure or inside a stationary vehicle

  • A — correct Section 107.39(b) permits flight over a human being who is under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft.
  • B — incorrect Part 107 sets no minimum separation distance in feet between a bystander and the remote pilot; § 107.39 turns on protection and participation instead.
  • C — incorrect Section 107.39 contains no provision for protective equipment worn by a bystander; the shelter must come from a covered structure or a stationary vehicle.

BACKGROUND

Section 107.39 states that no person may operate a small unmanned aircraft over a human being unless that human being is directly participating in the operation, 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. The stated conditions are alternatives, so ruling out participation and category eligibility leaves only the shelter condition. Note that the vehicle must be stationary; a moving vehicle is handled separately by § 107.145. Part 107 expresses these limits as conditions of protection rather than as a distance in feet.

STUDY TIP

Learn the three exceptions in § 107.39 as a short list and practice eliminating them one at a time in scenario questions. Watch for wrong answers that invent a numeric standoff distance, because part 107 does not use one here.

KEY POINTS

  • Section 107.39 bars flight over a human being except in three stated situations.
  • One of them is a person under a covered structure or inside a stationary vehicle that gives reasonable protection.
  • The other two are direct participation in the operation and meeting a subpart D category.

SOURCES

  • 14 CFR 107.39
  • 14 CFR 107.39(b)
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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.