During a Part 107 survey flight at 350 feet AGL, a manned helicopter unexpectedly approaches from below, and the remote pilot in command cannot descend without risking a collision. What does 14 CFR 107.21 allow?
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Answer
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Answer Deviating from any Part 107 rule to the extent necessary to meet the emergency
Section 107.21(a) says that in an in-flight emergency requiring immediate action, the remote pilot in command may deviate from any rule of Part 107 to the extent necessary to meet that emergency. The authority is not confined to the altitude limit: the FAA names altitude and visual line of sight as examples, and it uses this very case, a manned aircraft approaching from below so that the small aircraft cannot descend and land without risking a collision. The rule also sets no condition that air traffic control approve the deviation first; it covers emergencies that require immediate action.
Sources
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“In an in-flight emergency requiring immediate action, the remote pilot in command may deviate from any rule of this part to the extent necessary to meet that emergency.”
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“there are emergency scenarios in which a remote pilot may need to deviate from certain … provisions of part 107, such as altitude and visual line of sight, to avoid an unexpected and unforeseen collision with a manned aircraft or a person on the ground.”
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“For example, if a manned aircraft approaches the small unmanned aircraft from below, the small unmanned aircraft may be unable to immediately descend and land without risking a collision.”
Updated · Exam outline: 107.73(e)