Flying a Drone Over People: Part 107 Category Requirements Explained

One of the most misunderstood areas of Part 107 is operations over people. The default rule is clear: you cannot fly a drone over moving vehicles or people who are not directly participating in your operation. But the exceptions -- Categories 1 through 4 -- allow a surprisingly wide range of operations over non-participating humans, if your aircraft and operation meet specific requirements.

The Default Rule

14 CFR 107.39 prohibits operating a small unmanned aircraft over any human being who is not directly participating in the operation and who is not located under a covered structure or inside a stationary vehicle that provides reasonable protection.

This means: the person watching your drone fly from across a park is a "non-participant." Flying directly over them is prohibited by default.

The rule applies to moving vehicles as well -- you cannot fly over a car driving down the road, even if the occupant is not in danger and the airspace is Class G.

The 2021 Rule Change: Categories 1-4

In April 2021, the FAA's Remote ID and Operations Over People final rule created four categories of operations that are permitted over non-participants, each with progressively more capability and more complex requirements.

Category 1: Under 0.55 lbs, No Exposed Rotating Parts

Aircraft requirements:

• Weighs less than 0.55 lbs (250 grams) at takeoff, including payload
• No exposed rotating parts that could lacerate skin on impact

Operational requirements:

• No waiver or declaration needed
• May fly over any non-participating person

What this means in practice: The DJI Mini 4 Pro (249g) and similar sub-250g drones qualify for Category 1 by weight. However, the "no exposed rotating parts" requirement must also be met -- the propellers must be designed to avoid lacerating skin. Most sub-250g drones are designed with this in mind, but verify your specific aircraft.

Category 1 is the path to over-people operations for most recreational and light commercial operators. If your drone is under 250g and has protected propellers, you can legally fly over crowds and non-participants without any declaration or waiver.

Category 2: Low Transfer of Kinetic Energy

Aircraft requirements:

• Meets FAA-accepted means of compliance for impact energy: the aircraft must not exceed a transfer of 11 foot-pounds of force on impact
• No exposed rotating parts that lacerate skin
• No safety defect that would endanger people or property
• Remote ID compliant

Operational requirements:

• Aircraft must be labeled as Category 2 by the manufacturer or have a Declaration of Compliance on file with the FAA
• May fly over any non-participating person

What this means in practice: Category 2 opens up heavier aircraft for over-people operations if the manufacturer has tested and declared compliance. Several commercial and prosumer drones are Category 2 certified. Check the FAA's Declaration of Compliance database (faa.gov/uas/commercial_operators/operations_over_people) to see if your aircraft is listed.

Category 3: Restricted Operations

Aircraft requirements:

• Meets FAA-accepted means of compliance for impact energy: aircraft must not exceed 25 foot-pounds of force on impact
• No exposed rotating parts that lacerate skin
• No safety defect
• Remote ID compliant

Operational requirements:

• Aircraft must be labeled as Category 3 by the manufacturer or have a Declaration of Compliance
• Operations are restricted: you may not fly over crowds -- defined as a "moving group of people that cannot be avoided or evacuated"
• May fly over individual non-participants or sparse groups
• Must be within a controlled or restricted access area (people on the ground can be warned and, if necessary, moved)

What this means in practice: Category 3 is appropriate for controlled commercial settings where you are managing the ground environment -- a construction site with workers who have been briefed, a private event where the organizers can clear an area.

Category 4: FAA Airworthiness Certificate

Aircraft requirements:

• Must hold an FAA airworthiness certificate
• Must be operated in accordance with the operating limitations of that certificate

Operational requirements:

• Broadest authority -- may fly over non-participants without restrictions on crowd type
• The airworthiness certification process is the burden

What this means in practice: Very few small drones hold FAA airworthiness certificates. This category primarily applies to operators working with certified aircraft platforms who need the most permissive over-people authority. For most Part 107 operations, Categories 1-3 are more accessible.

Sustained Flight Over Moving Vehicles

The 2021 rule also addressed moving vehicles. Under the updated rules:

• Category 1, 2, and 3 aircraft may fly over moving vehicles in the same operational areas where they are permitted to fly over people
• Category 4 provides the broadest authority

This means if you have a Category 1 aircraft (sub-250g) and are filming traffic for a news segment, that operation is now permissible without a waiver -- provided the aircraft meets the Category 1 standards.

What Still Requires a Waiver

Operations that none of the four categories authorize require a Part 107 waiver under 107.200:

• Operations over "sustained flight over open-air assemblies of human beings" with a Category 3 aircraft (Category 1 and 2 can fly over any assembly)
• Any operations where the aircraft does not meet Category requirements and the pilot wants over-people authority

The waiver process through FAA DroneZone can take up to 90 days and requires detailed operational documentation.

Practical Checklist for Over-People Operations

Before any planned operation over non-participants:

1. Verify your aircraft weight -- if under 250g and no exposed cutting edges, Category 1 applies
2. Check the FAA Declaration of Compliance database for Category 2 or 3 certification
3. Assess your operating environment -- Category 3 requires you can control or warn people on the ground
4. Ensure Remote ID compliance -- required for Categories 2, 3, and 4
5. Document the Category basis for your operation in your pre-flight records

If you are unsure which category applies, the FAA's guide "Flying UAS Over People" is the authoritative reference document. The short version: if you are flying a sub-250g drone with guarded props, you have wide latitude for over-people operations. Larger aircraft require manufacturer certification.

Rules change. This post reflects the regulations as we understood them on the date above and is not updated automatically. Verify current federal rules at faa.gov/uas, and any state or local rules with the relevant authority, before you fly.