Operations Over People & Night Flying
Flying Over People
Historically, Part 107 prohibited flying directly over non-participating people. The FAA has since created four categories of operations over people, each with specific requirements:
Category 1
- Drone must weigh 0.55 lbs (250g) or less
- No exposed rotating parts that could lacerate skin
- No FAA-accepted Declaration of Compliance needed
- Can fly over people not participating in the operation
Category 2
- Drone must have an FAA-accepted Declaration of Compliance (DOC)
- Must not cause injury greater than 11 ft-lbs of kinetic energy if it hits someone
- Can fly over people not participating
Category 3
- Similar to Category 2 but with higher energy limits
- Cannot fly over open-air assemblies of people
- Must maintain a buffer from people not participating
Category 4
- Requires an airworthiness certificate for the drone
- Most stringent requirements
- Essentially a small aircraft certification pathway
Category 1 is the simplest to remember: under 250g, no exposed blades, no special declaration. Most consumer drones (DJI Mini series) fall into this category.
Since the 2021 rule changes, night flying is now permitted under Part 107 if you have completed the updated recurrent training that includes night operations content.
Requirements for night flying:
- Anti-collision lights visible for 3 statute miles
- The PIC must have completed night operations training (included in the updated recurrent course)
- All other Part 107 rules still apply (VLOS, 400 ft, etc.)
What Counts as Night?
- Day: Sunrise to sunset
- Civil twilight: 30 minutes before sunrise to 30 minutes after sunset
- Night: After civil twilight ends until civil twilight begins
The FAA tests the distinction between daylight, civil twilight, and night. Civil twilight = anti-collision lights required. Night = must have night training + anti-collision lights.
Remote ID
Remote Identification became mandatory in September 2023. Your drone must broadcast:
- Identity — registration number or session ID
- Location and altitude — of the drone
- Control station location — where you’re standing
- Time mark — timestamp
Compliance options:
- Standard Remote ID drone — built-in (most new drones)
- Remote ID broadcast module — add-on for older drones, must be registered and linked
- FRIA — fly at FAA-Recognized Identification Areas (no broadcast needed, but locations are limited)
If your drone doesn’t have Remote ID and you’re not at a FRIA, you’re in violation. No exceptions.
Waivers
Part 107 allows you to apply for a Certificate of Waiver to operate outside certain regulations. Common waivers include:
- Night operations (if you haven’t completed the night training)
- Operations beyond visual line of sight (BVLOS)
- Flying above 400 ft AGL without a nearby structure
- Flying over moving vehicles
- Operations from a moving vehicle in non-sparse areas
- Flying over people (beyond the four categories)
Waiver Application Process
- Apply through FAADroneZone
- Submit a safety case explaining how you’ll mitigate the additional risk
- The FAA reviews (can take weeks to months)
- If approved, you must carry the waiver and follow all conditions
The FAA cannot waive everything. Some regulations (like yielding to manned aircraft, PIC responsibility, and the 55 lb weight limit) are not waivable.
Quick Check
Q: What is the weight limit for Category 1 operations over people? A: 0.55 lbs (250g) or less.
Q: What must your drone have for night operations? A: Anti-collision lights visible for 3 statute miles, and the PIC must have completed night operations training.
Q: Can the FAA waive the requirement to yield to manned aircraft? A: No. Right-of-way rules are not waivable.
What’s Next?
Regulations covered. Now let’s look at what happens when things go wrong: accident reporting and recordkeeping requirements.
This free course covers the essential knowledge, but if you want video walkthroughs, practice exams, and instructor support, Pilot Institute’s Part 107 course is the most comprehensive option available.