A small unmanned aircraft has an airworthiness certificate issued under part 21. Its approved Flight Manual has an operating limitation that prohibits operations over human beings. May a remote pilot use it for a Category 4 operation over people?
- AYes, because the part 21 airworthiness certificate is all that Category 4 requires
- BNo, because Category 4 eligibility requires operating limitations that do not prohibit operations over human beings
- CYes, if the remote pilot labels the aircraft for Category 4 before the flight
Show answer and explanation
Correct answer: B. No, because Category 4 eligibility requires operating limitations that do not prohibit operations over human beings
To be eligible for Category 4, the aircraft must have a part 21 airworthiness certificate and must be operated in accordance with the operating limitations in the approved Flight Manual or as otherwise specified by the Administrator. Those operating limitations must not prohibit operations over human beings (§107.140(b)(2)).
- A. Incorrect. Wrong. An airworthiness certificate is one requirement. §107.140(b)(2) also requires operation within operating limitations that must not prohibit operations over human beings.
- B. Correct. Under §107.140(b)(2), the operating limitations in the approved Flight Manual must not prohibit operations over human beings.
- C. Incorrect. Wrong. Part 107 has no Category 4 label that overrides the Flight Manual. The operating limitations must not prohibit operations over human beings.
Source
14 CFR Part 107 (eCFR), §107.140(b)(2) (2) Be operated in accordance with the operating limitations specified in the approved Flight Manual or as otherwise specified by the Administrator. The operating limitations must not prohibit operations over human beings.