Flying over people under Part 107: Categories 1 to 4

By default, 14 CFR 107.39 does not let you fly a small drone over a person. There are three ways around that: the person is directly participating in the operation, the person is under a covered structure or inside a stationary vehicle that offers reasonable protection, or the flight meets one of four categories in subpart D.

The four categories

• Category 1: the drone weighs 0.55 pounds or less including everything on board, and has no exposed rotating parts that would cut skin. No label or declaration needed.
• Category 2: the drone will not cause an injury worse than a transfer of 11 foot-pounds of kinetic energy, has no exposed rotating parts that could lacerate skin and no safety defects, is listed on an FAA-accepted declaration of compliance, and carries a Category 2 label.
• Category 3: the same idea at 25 foot-pounds, with a Category 3 label. It is more restricted: no flight over open-air assemblies of people, and flight over people only inside a closed or restricted-access site where everyone is told a drone may fly overhead, or without sustained flight over anyone not participating or protected.
• Category 4: the drone has an airworthiness certificate and is flown and maintained according to its approved flight manual.

For Categories 1, 2 and 4, sustained flight over an open-air assembly is allowed only when the drone meets the Remote ID rules (standard Remote ID or a broadcast module).

Labels and declarations

The remote pilot must confirm the drone is properly labeled and listed on an accepted declaration of compliance before flying over people. If a Category 2 or 3 label falls off, you must replace it with a legible English label before the next flight over people. Modifications not allowed by the remote pilot operating instructions can make the drone ineligible.

Moving vehicles and night

Over people inside moving vehicles, Categories 1 to 3 need either a closed or restricted-access site with everyone notified, or no sustained flight over the vehicles.

The categories do not change at night. Flying over people at night also requires the night rules of 107.29: anti-collision lighting visible for 3 statute miles and a pilot whose test or training covers night operations.

Distance from people

Part 107 sets no fixed stand-off distance from people. Choose a safe distance based on the drone's speed and trajectory, wind, likely failures and your own skill, and adjust it as conditions change.