Operations Over People: The Updated Rules
For years, flying over people was completely banned. The 2021 rule change created four categories — here's exactly which one applies to your drone.
For years, flying over people was completely prohibited under Part 107. The 2021 rule change transformed a blanket ban into a tiered system — but understanding exactly what’s allowed requires digging into four distinct categories.
The Old Rule vs. The New Rule
Under the original 2016 Part 107 regulations, any flight over a non-participating person was a violation. No exceptions, no gradations. The only path forward was a waiver under Section 107.200, requiring demonstration of equivalent safety. Few pilots went this route. Fewer succeeded.
The 2021 final rule created four categories that allow operations over people, each with different requirements based on the risk posed by the drone. Smaller, lighter drones with protective features face fewer hurdles.
One critical exception: You still cannot fly over open-air assemblies without a specific waiver, regardless of category.
The Four Categories Explained
Category 1 — Small Drones (Under 250g)
The most accessible tier. Your drone must weigh 0.55 lbs (250g) or less at takeoff, including payload. No exposed rotating parts that could lacerate skin — prop guards are your friend here.
No FAA-accepted Declaration of Compliance needed. If your drone meets weight and exposed-parts requirements, you’re generally good.
The DJI Mini series is the most common Category 1 candidate. But exposed propellers could potentially disqualify them — install prop guards for safety.
Category 2 — Controlled Descent
Focuses on the energy a drone could deliver in a worst case. The drone must not cause injury greater than 11 foot-pounds (15 joules) of kinetic energy if it strikes a person.
You don’t calculate this yourself. The manufacturer submits a Declaration of Compliance (DOC) to the FAA demonstrating the aircraft meets this threshold. Your job: verify your drone model has an accepted DOC.
Remote ID required.
Category 3 — Controlled Access Areas
Same kinetic energy limit as Category 2 (11 ft-lbs), same DOC requirement. The difference is where you can fly.
Must operate over closed or restricted-access sites. People below must be notified that drones are operating — they have awareness of the risk.
Remote ID required. Cannot fly over open-air assemblies.
Category 4 — Heavier Drones with Airworthiness
The most complex tier. Requires an airworthiness certificate or FAA-accepted means of compliance. Manufacturer must have DOC. Pilot needs Part 107 certificate. Drone must operate within specific limitations.
This is the domain of purpose-built commercial drones. If you’re flying a consumer or prosumer drone, Category 4 almost certainly doesn’t apply.
What This Means in Practice
Most Part 107 pilots operate under Category 1 or 2:
- Sub-250g drone with prop guards → Category 1
- Heavier drone (Air 3S, Mavic 3) → Category 2 (check for DOC)
The FAA maintains a public list of drones with accepted DOCs. Check this list before conducting any operation over people. The FAA list is the authoritative source.
Even when your drone qualifies, professional judgment matters. Legal doesn’t always mean wise. Minimize overflight time, maintain altitude where possible, and have emergency procedures ready.
Open-Air Assemblies — Still Restricted
The one situation where NONE of the four categories apply. Open-air assemblies include concerts, sporting events, parades, festivals, protests — any outdoor gathering where people are concentrated.
Flying over these still requires a specific FAA waiver with rigorous safety mitigations. The standard categories won’t get you there.
Remote ID Connection
Since September 2023, all Part 107 drones must have Remote ID capability. It broadcasts your drone’s identity, location, altitude, and control station location.
Categories 2, 3, and 4 explicitly require Remote ID. Category 1 drones also need it under Part 107. The only Remote ID exception is for sub-250g recreational drones — which has nothing to do with commercial Part 107 operations.
Ensure Remote ID is functioning before takeoff. A failure mid-flight creates a regulatory violation and may affect your category eligibility.
Master the Regulations
Understanding operations over people is essential for serious Part 107 pilots. Our free Part 107 Course covers everything for the exam. Deep dive with Operating Rules and Operations Over People.
