Rules
Operations over people: Categories 1, 2, 3 and 4
Since the 2021 rule, you can fly over people without a waiver only with a drone that meets Category 1, 2, 3 or 4. Category 1 is 0.55 lb or less with no exposed rotating parts that would cause lacerations, and Category 3 may not be flown over open-air assemblies at all.
What are the four categories?
| Category | Who qualifies | Open-air assemblies |
|---|---|---|
| 1 | Weighs 0.55 lb or less including everything attached, and has no exposed rotating parts that would cause lacerations | Sustained flight only if Remote ID compliant |
| 2 | Performance-based eligibility, over 0.55 lb, no Part 21 airworthiness certificate | Sustained flight only if Remote ID compliant |
| 3 | Performance-based with further operating restrictions | Not allowed |
| 4 | Aircraft issued a Part 21 airworthiness certificate, and the flight manual does not prohibit it | Sustained flight only if Remote ID compliant |
Sources (checked 2026-11-12): FAA: Operations Over People.
What is an open-air assembly and sustained flight?
The FAA says sustained flight over an open-air assembly includes hovering above the heads of people gathered, flying back and forth over them, or circling so that the aircraft stays above some part of the crowd. A brief one-time transit that is only incidental to a point-to-point operation does not count as sustained flight for Categories 1, 2 and 4.
What are the Category 3 conditions?
Category 3 flights over people must stay within or over a closed or restricted-access site where everyone on site is on notice, or must avoid sustained flight over any person unless they take part directly in the operation or are under a covered structure or inside a stationary vehicle that gives reasonable protection.
What about moving vehicles?
Categories 1, 2 and 3 may fly over moving vehicles if the aircraft stays within a closed or restricted-access site with everyone inside vehicles on notice, or does not maintain sustained flight over moving vehicles. A parked car is not a moving vehicle, so the people-protection rules for stationary covered vehicles apply instead. Rule text: 14 CFR 107.39 and 107.145.
What if my drone does not meet a category?
You need a waiver from 107.39 (people) or 107.145 (moving vehicles). See waivers.
Free practice questions on this topic
4 original questions from the Sectional Cue bank. Try each one, then open the answer.
Parked versus moving cars
1. A remote pilot flying a 2-pound drone that has no declaration of compliance and no airworthiness certificate passes over a parked car with a person inside and later over a car being driven down a road. Which statement is correct?
- Both are permitted under 107.39(b), since both people are inside vehicles
- Neither is permitted, because a person is below the drone in both cases
- The parked car is permitted under 107.39(b); the moving car is not, because this drone cannot meet 107.145
Show answer and explanation
C. The parked car is permitted under 107.39(b); the moving car is not, because this drone cannot meet 107.145
Section 107.39(b) allows flight over a person inside a stationary vehicle that can provide reasonable protection, so the parked car is allowed. A moving vehicle is not covered by 107.39(b); 107.145 requires the operation to meet Category 1, 2, 3 or 4, and this drone is too heavy for Category 1, has no declaration for Category 2 or 3 and has no airworthiness certificate for Category 4. Without a waiver under 107.205(j), the flight over the moving car is not allowed, and saying neither is permitted ignores the 107.39(b) exception.
Source: 14 CFR 107.39(b); 14 CFR 107.145; 14 CFR 107.205(j)
Category 2 over assemblies
2. May a remote pilot keep a Category 2 drone in sustained flight over an outdoor concert crowd?
- Yes, if it meets the standard Remote ID or broadcast module rules
- No, Category 2 can never fly over open-air assemblies of people
- Yes, with no additional conditions beyond the Category 2 label
Show answer and explanation
A. Yes, if it meets the standard Remote ID or broadcast module rules
Section 107.115(b) allows sustained flight over open-air assemblies in Category 2 only if the operation meets 89.110 (standard Remote ID) or 89.115(a) (broadcast module). The total ban on open-air assemblies applies to Category 3, not Category 2. The Remote ID condition means it is not unconditional.
Source: 14 CFR 107.115(b); 14 CFR 89.110; 14 CFR 89.115(a)
Category 1 over assemblies
3. A remote pilot wants to keep a Category 1 drone in sustained flight over a crowd at an outdoor festival. What does Part 107 require?
- Nothing more, because the drone weighs 0.55 pounds or less
- Nothing will make it legal, because Category 1 drones may never fly over open-air assemblies
- The operation must meet the standard Remote ID or broadcast module requirements of Part 89
Show answer and explanation
C. The operation must meet the standard Remote ID or broadcast module requirements of Part 89
Section 107.110(b) prohibits sustained flight over open-air assemblies in Category 1 unless the operation meets 89.110 (standard Remote ID) or 89.115(a) (broadcast module). Light weight alone does not satisfy that condition. It is allowed once the Remote ID condition is met, so a total ban is wrong.
Source: 14 CFR 107.110(b); 14 CFR 89.110; 14 CFR 89.115(a)
Open-air assemblies
4. An outdoor concert promoter wants sustained overhead shots of the audience using a Category 2 eligible drone that is properly labeled. What extra condition applies to that sustained flight over the crowd?
- The drone must meet the Remote ID requirements of 89.110 or 89.115(a)
- The drone must be flown from a FAA-recognized identification area
- No extra condition, because Category 2 allows any flight over people
Show answer and explanation
A. The drone must meet the Remote ID requirements of 89.110 or 89.115(a)
Section 107.115(b) permits sustained flight over an open-air assembly in Category 2 only if the operation meets 89.110 (standard Remote ID) or 89.115(a) (broadcast module). A FRIA is a place to fly without Remote ID equipment, and the subpart D assembly rule does not offer it as an option. Category 2 has conditions, so it does not allow every flight over people.
Source: 14 CFR 107.115(b); 14 CFR 89.110; 14 CFR 89.115(a)
Related guides
- Remote ID for Part 107 pilots
- Part 107 waivers and airspace authorizations
- Part 107 operating rules: altitude, speed, visibility and clouds
- All Part 107 guides
Study the charts on your phone
Sectional Cue has 1150+ original questions with explanations, 27 FAA figures you can tap to read, and timed 60-question rehearsals. About 152 questions and three chart lessons are free.
Sources
- FAA: Operations Over People, checked 2026-11-12
- 14 CFR 107.39 (eCFR), checked 2026-11-12
- 14 CFR 107.115 (eCFR), checked 2026-11-12
How this page was made: written by Certloom Learning from the sources above, with the rules checked against the current regulation text. Practice items are original questions from the app's reviewed bank. Spot an error? certloomlearning@gmail.com.