1.6 Operations Over People (Subpart D)
Key Takeaways
- Four categories of operations over people exist, tiered by risk level from Category 1 (lightest drones) to Category 4 (airworthiness certificate required).
- Category 1: ≤0.55 lbs, no special requirements. Category 2: ≤11 ft-lbs kinetic energy. Category 3: ≤25 ft-lbs with operational restrictions.
- Category 3 prohibits sustained flight over open-air assemblies (outdoor concerts, sporting events, parades).
- People inside enclosed stationary vehicles are not counted under operations-over-people restrictions.
- Category 4 requires an FAA-issued airworthiness certificate — the most permissive but most demanding category.
1.6 Operations Over People (Subpart D)
Subpart D (§§107.100–107.165) establishes the rules for flying drones over people who are not directly participating in the operation. This relatively new subpart (effective April 21, 2021) created a tiered category system that allows expanded operations without a waiver.
The Four Categories
The FAA established four categories of operations over people, based on the risk level determined by the aircraft's size, weight, and kinetic energy:
Category 1
- Aircraft weight: 0.55 pounds (250 grams) or less at takeoff
- Requirements: No exposed rotating parts that would lacerate human skin
- No FAA-accepted means of compliance needed
- No Remote PIC declaration needed
- Can fly over any person
Category 2
- Aircraft weight: Greater than 0.55 lbs
- Impact kinetic energy: Must not exceed 11 ft-lbs upon impact with a person
- No exposed rotating parts that would lacerate human skin upon impact
- Requires FAA-accepted means of compliance (manufacturer demonstrates compliance)
- Remote PIC must ensure the drone has a current Declaration of Compliance (DOC) from the manufacturer
Category 3
- Aircraft weight: Greater than 0.55 lbs
- Impact kinetic energy: Must not exceed 25 ft-lbs upon impact
- No exposed rotating parts that would lacerate human skin upon impact
- Requires FAA-accepted means of compliance from manufacturer
- Additional operational restrictions:
- Cannot operate over an open-air assembly of people
- Must not be within a restricted-access site that is not controlled by the Remote PIC
- If a person comes under the drone, the Remote PIC must move the aircraft immediately
Category 4
- No weight or kinetic energy limit (within Part 107's 55-lb overall limit)
- Drone must have an FAA-issued airworthiness certificate (under Part 21)
- Must be operated in accordance with the operating limitations in the approved Flight Manual
- This is the most permissive category but requires the most rigorous certification
Key Definitions for Operations Over People
Open-air assembly: A gathering of people in an outdoor area without a permanent covered structure.
Sustained flight over people: Operating the aircraft above people who are not directly involved in the operation for a continuous period — not just briefly transiting over someone.
Directly participating: People who are part of the operation (crew, visual observers, ground support) are NOT considered "people" for purposes of operations over people restrictions.
Operations Over People vs. Operations Over Moving Vehicles
The rules distinguish between operations over people and operations over moving vehicles:
| Over People | Over Moving Vehicles | |
|---|---|---|
| Categories 1–3 | Permitted with category requirements | Permitted only in Categories 1–3 with restrictions |
| Category 4 | Permitted per Flight Manual | Permitted per Flight Manual |
| Open-air assembly (Cat 3) | NOT permitted | NOT permitted |
| Inside a closed structure | NOT restricted (people in cars are protected) | — |
Important Distinction: A person inside an enclosed, stationary vehicle (like a parked car with windows up) is considered protected and is not counted as a person under the operations-over-people rules.
No Sustained Flight Over Open-Air Assemblies (Category 3)
Category 3 specifically prohibits sustained flight over open-air assemblies of people. This includes:
- Outdoor concerts and festivals
- Sporting events (stadiums without roofs)
- Parades and marches
- Farmers markets and street fairs
When Do You Still Need a Waiver?
Despite the expanded categories, you still need a Part 107 waiver to:
- Fly a drone that does not meet any category requirements over people
- Conduct operations not covered by the category system
- Fly over open-air assemblies with a Category 3 aircraft
Under Category 1 of operations over people, the maximum takeoff weight of the drone is:
Which category of operations over people requires an FAA-issued airworthiness certificate?
Category 3 operations over people are NOT permitted over: