1.6 Operations Over People (Subpart D)

Operations Over People and Moving Vehicles

Subpart D (sections 107.100 to 107.165) took effect April 21, 2021 and lets remote pilots fly over people not directly participating in the operation without a waiver — provided the aircraft fits one of four risk-based categories built around weight, kinetic energy on impact, and exposed rotating parts.

The Four Categories at a Glance

Category Details and Traps

Category 1 needs only that the aircraft weigh 0.55 lb or less with no rotating parts that would lacerate skin. No paperwork, no declaration — this is why sub-250-gram drones dominate the over-people market. Note: a Category 1 drone still must comply with Remote ID (a Category 1 aircraft must have Remote ID to fly over people).

Category 2 allows heavier aircraft but caps impact kinetic energy at 11 foot-pounds and forbids skin-lacerating parts. The manufacturer must publish an FAA-accepted Means of Compliance (MOC) and issue a Declaration of Compliance (DOC) that the Remote PIC verifies is current.

Category 3 raises the cap to 25 foot-pounds but adds operating restrictions: you may not fly over open-air assemblies, you must operate within a closed or restricted-access site where those underneath are notified, or keep the aircraft from sustained flight over anyone not participating.

Category 4 has no kinetic-energy limit within the 55 lb ceiling but demands a full FAA airworthiness certificate under Part 21 and operation per its approved Flight Manual — the most permissive yet most demanding tier.

Key Definitions

• Open-air assembly: a gathering of people in an outdoor space with no permanent covered structure — concerts, parades, stadium crowds, street fairs.
• Sustained flight over people: hovering or repeatedly flying above non-participants, as opposed to a brief, incidental transit.
• Directly participating: crew, VOs, and ground support are part of the operation and are not counted as "people" for these rules.

People Inside Structures and Vehicles

Protected-person rule: A person inside an enclosed, stationary structure or a covered, stationary vehicle is considered protected and is not counted as a person beneath the drone. A person inside a moving vehicle is governed by the separate operations-over-moving-vehicles rules — the same categories apply, but Category 3 again bars open-air assemblies and the vehicle must be within a closed or restricted site.

Worked Scenario

You fly a 1.5 lb mapping drone with a current Category 2 DOC over a construction crew (non-participants). Impact energy is rated at 9 ft-lb — under the 11 ft-lb cap — so the flight is legal. If the same crew gathered into an open-air assembly of spectators, you would need a Category 3-restricted posture or a waiver; Category 2 has no assembly restriction but you still may not endanger them, and a true open-air assembly is off-limits to Category 3 entirely.

When You Still Need a Waiver

You need a Part 107 waiver to fly over people if the aircraft meets no category, to conduct operations the categories do not cover, or to fly a Category 3 aircraft over an open-air assembly.

Kinetic Energy, Compliance Paperwork, and Edge Cases

The over-people categories are built on a physics idea — how much energy the aircraft would deliver if it struck someone — and a paperwork idea — who certifies that the aircraft is safe enough. Master both and the category questions become straightforward.

Why Kinetic Energy Drives the Tiers

Injury risk scales with the energy an aircraft transfers on impact, which depends on its mass and velocity. The FAA chose round numbers: Category 2 caps it at 11 foot-pounds, Category 3 at 25 foot-pounds. A heavier or faster aircraft carries more energy, so it must clear a higher bar or accept more restrictions. Category 1 simply uses a weight proxy (0.55 lb / 250 g) because aircraft that light cannot carry much energy. Category 4 abandons the energy cap and instead requires the aircraft to be proven airworthy as a whole system.

The Compliance Paper Trail

For Categories 2 and 3 the manufacturer develops an FAA-accepted Means of Compliance (the test method proving the energy and laceration limits) and then issues a Declaration of Compliance for the specific model. The Remote PIC's job is to confirm the model has a current DOC before flying over people — you do not perform the testing yourself, you verify the paperwork.

The Protected-Person and Moving-Vehicle Nuances

A person under a permanent covered structure or inside a stationary covered vehicle is protected and is not counted — the structure shields them. Move that vehicle, and a separate rule set (operations over moving vehicles) applies, with the same category framework but its own open-air-assembly prohibition for Category 3. Crew and participants never count as "people" at all. The exam loves to ask whether a flight over a parked, occupied car is permitted: generally yes, because the occupant is protected by the vehicle.

Open-Air Assemblies Are the Sharp Edge

The phrase open-air assembly — concerts, parades, packed beaches, uncovered stadiums — is the one place Category 3 hard-stops. Categories 1 and 2 have no explicit assembly bar (though you still may not endanger anyone), but Category 3 may never sustain flight over an open-air assembly, and doing so requires a waiver of Section 107.39.

Worked scenario: A 1.4 lb drone with a current Category 2 DOC, rated at 8 ft-lb impact energy, films a small film crew (participants) and a few non-participant onlookers standing apart — legal under Category 2. The producer then asks you to hover over a packed, uncovered grandstand of 500 spectators. That is an open-air assembly; even bumping to a Category 3 aircraft would not authorize it, so you would need a 107.39 waiver with a detailed safety case before that shot is legal.