Date: 201810
Light: Daylight
Aircraft: UAV - Unpiloted Aerial Vehicle
Operator: Personal
Operating under: Other 107
Mission: Photo Shoot / Video
Flight phase: Cruise
Reporter organization: Personal
Reporter qualification: Flight Crew Commercial
Human factors: Communication Breakdown; Situational Awareness
Anomaly: Airspace Violation All Types; Deviation / Discrepancy - Procedural FAR; Deviation / Discrepancy - Procedural Published Material / Policy
Detector: Person Other Person
When detected: Routine Inspection
Result: General None Reported / Taken
Contributing factors: Human Factors
Primary problem: Human Factors

Narrative: I was contacted by [an] FAA Aviation Safety Technician that he received a report of my UAS possibly involved in 107 violations from an anonymous report. Upon [the technician's] review of my videos on my [social media] account and website; he informed me of violations of section 107.39 being displayed in my [social media] account for operation over human beings and for operations within a 0 AGL area around [a National Park]. Over the phone I stated that my interpretation of the rule is you must get an FAA waiver for those operations unless you had consent of the parties you flew over. I thought participating in the operation of the UAS was meaning the individuals were will participants in the event or filming. I have violated this for non-paid work I do to promote veterans causes and initiatives being a veteran myself and still active member of the Army Reserve. Specifically; at the request of the [local] Fire Department and Police Department I operated my UAS above them in a standing formation. I also operated my UAS above [military] Recruiters working with local high school students at a leadership camp where they pushed a Humvee underneath a hovering UAS about 50-75 feet above them. I did not maliciously intend to violate the rule. [The technician] also mentioned my flight over a moving vehicle violated this rule as well. Additionally; I knew you could not operate a UAS on National Park Lands or boundaries from my study for my 107 license in 2016. After talking with [the technician] informing me of a 0 AGL ban at the [National Park] grounds and my since research; I understand I cannot fly at all above the area. I operated a drone with line of sight from outside the NPS boundaries but crossed over them to film a shot of the [monument] from a side profile. I have since removed the video from my feed on Instagram after initially being contacted by [the FAA] in reference to it. My 107 certificate expired within the last month. I plan to retake and certify the 107 test once I return from military duty. I have also enrolled with [pilot organization] for UAS resources and training since being full time military I fly so infrequently to ensure I stay abreast of changes to airspace rules concerning UAS safety and operation. In my reading of FAA literature; it seems there is a new safety training program called SMS I can also take; but I am unable to locate how to do so online. Any information for this training would be appreciated.




Synopsis: UAV pilot reported he was contacted by the FAA for a possible violation of FAR 107.39. Operating around a 0 AGL area.