Operations Over People

Understanding Operations Over People Regulations

One of the most significant limitations in the original Part 107 regulations was the prohibition against flying directly over people not involved in the operation. This restriction severely limited commercial applications like newsgathering, event coverage, infrastructure inspection in populated areas, and delivery operations. In April 2021, the FAA implemented new operations over people (OOP) rules that opened these possibilities while maintaining safety through a risk-based categorical framework.

Rather than requiring waivers for all operations over people, the updated regulations establish four distinct categories based on drone design characteristics and operational limitations. Understanding these categories and their requirements is essential for commercial operators working in populated areas.

The Four Categories of Operations Over People

The FAA structured OOP regulations around injury risk, measured primarily by the kinetic energy a drone would transfer if it struck a person. Each category has specific eligibility criteria and operational limitations.

Category 1: Small Drones with Minimal Impact Risk

Category 1 represents the lowest risk tier and has the most permissive operational allowances.

Requirements:

• Drone weighs 0.55 pounds (250 grams) or less including payload
• No exposed rotating parts that would lacerate skin upon impact
• No Remote ID requirements beyond standard Part 107 broadcast/network Remote ID

Operational Allowances:

• May operate over people without restrictions on who those people are
• May operate over moving vehicles without restrictions
• No additional declarations or certifications required beyond Part 107 certificate

Common Category 1 Drones:

• DJI Mini series (Mini 2, Mini 3, Mini 4 Pro when under 249g)
• Autel Nano series
• Small FPV racing drones under 250g
• Many toy and consumer drones

The weight limit includes everything: aircraft, battery, gimbal, camera, and any payload. If adding accessories pushes the weight over 0.55 pounds, the aircraft no longer qualifies for Category 1.

Category 2: Performance-Based Certification

Category 2 allows heavier drones to operate over people if they meet specific impact energy thresholds verified through FAA acceptance of a declaration of compliance.

Requirements:

• No weight limit, but must not cause injury equivalent to or greater than 11 foot-pounds of kinetic energy to a person
• No exposed rotating parts that would lacerate skin
• Remote ID broadcast or network capability required
• FAA-accepted Declaration of Compliance required
• Must be operated per manufacturer’s instructions

Declaration of Compliance Process:

1. Manufacturer conducts testing demonstrating the drone meets injury threshold criteria
2. Manufacturer submits Declaration of Compliance to FAA with test data
3. FAA reviews and accepts (or rejects) the declaration
4. If accepted, the drone is eligible for Category 2 operations
5. Pilots must verify their specific drone model has an accepted declaration

Operational Allowances:

• May operate over people, but not over open-air assemblies
• Sustained flight over moving vehicles prohibited (transitory flight is allowed)

As of 2025, relatively few drone models have FAA-accepted Category 2 declarations. Pilots should verify current status through the FAA’s online database before relying on Category 2 privileges.

Category 3: Restricted Access Operations

Category 3 provides a pathway for drones that don’t meet Category 1 or 2 requirements but can still operate over people under restricted conditions.

Requirements:

• No weight limit
• No exposed rotating parts that would lacerate skin (propeller guards required in most cases)
• Remote ID broadcast or network capability required
• No impact energy declaration needed

Operational Restrictions:

• May only operate over people who are directly participating in the operation OR located under a covered structure or inside a stationary vehicle
• Sustained flight over moving vehicles prohibited
• Cannot operate over open-air assemblies

Who Qualifies as “Directly Participating”:

• The remote pilot in command
• Visual observers
• People directly involved in the operation (crew members, clients observing their shoot, etc.)
• People who have been briefed on the operation and understand the risks

Common Category 3 Scenarios:

• Construction site inspection where workers are briefed on drone operations
• Event filming where crew and participants are aware of the drone
• Real estate photography where only the agent and photographer are present
• Industrial inspection with coordinated ground personnel

Category 3 is the most commonly used OOP category for professional operators using larger drones like the DJI Mavic 3, Phantom series, or Inspire platforms in populated areas.

Category 4: Airworthiness Certification

Category 4 is designed for larger, more complex operations and requires formal FAA airworthiness certification.

Requirements:

• Drone must have an FAA airworthiness certificate
• Must have an FAA-accepted Declaration of Compliance (similar to Category 2 but more comprehensive)
• Remote ID required
• Must maintain comprehensive maintenance and inspection records
• Operation must comply with operating limitations specified in Flight Manual

Operational Allowances:

• May operate over people
• May operate over moving vehicles
• Most permissive category for complex operations

Category 4 is primarily relevant for large commercial operations like package delivery (Amazon Prime Air, Wing Aviation, Zipline) or advanced inspection platforms. The airworthiness certification requirement puts this category beyond the reach of most Part 107 operators.

Propeller Guard Requirements

All four categories include language about “exposed rotating parts that would lacerate skin upon impact.” In practice, this means propeller guards are required unless the drone design inherently protects against blade contact.

What Qualifies as Adequate Protection

Acceptable approaches include:

• Shrouded rotors – Propellers fully enclosed in ducted fan housings (common on small consumer drones)
• Propeller guards – Cages or rings that prevent direct contact with spinning blades
• Fully enclosed designs – Aircraft where propellers are inside the body structure

Traditional quadcopter designs with exposed propellers extending beyond the motor arms do NOT meet the requirement and must have aftermarket guards installed.

Guard Installation Considerations

When adding propeller guards:

• Verify guards are compatible with your specific aircraft model
• Understand that guards add weight and affect flight characteristics (reduced flight time, altered handling)
• Ensure guards are securely attached and won’t detach during flight
• Consider guards as part of total aircraft weight for category eligibility
• Conduct test flights to understand changed performance before operating over people

Remote ID Integration

Operations over people Categories 2, 3, and 4 require Remote ID compliance. This means your drone must either:

• Have built-in Remote ID – Manufactured after September 2023 with integrated broadcast capability, OR
• Use a Remote ID broadcast module – Aftermarket module attached to the drone that broadcasts required information, OR
• Operate within an FAA-Recognized Identification Area (FRIA) – Designated zones where Remote ID is not required (primarily community flying sites)

The Remote ID requirement ensures that law enforcement and security personnel can identify drones operating overhead, addressing public safety and security concerns about operations in populated areas.

Remote ID Broadcast Requirements

When broadcasting Remote ID, your drone transmits:

• Drone serial number or session ID
• Position and altitude (latitude, longitude, geometric altitude)
• Velocity
• Control station location
• Emergency status indication
• Time mark

This information is accessible to authorized parties using Remote ID detection applications.

Sustained Flight Over Moving Vehicles vs. Transitory Flight

A critical distinction in OOP regulations involves flight over moving vehicles. The rules differentiate between sustained and transitory flight.

Sustained Flight (Generally Prohibited)

Sustained flight means maintaining the drone over a moving vehicle such that it follows or tracks the vehicle. This is prohibited except in Category 4 operations.

Examples of prohibited sustained flight:

• Following a car down a highway while filming
• Tracking a motorcade from above
• Maintaining position over a boat moving across a lake

Transitory Flight (Allowed)

Transitory flight means passing over a moving vehicle briefly during normal operations. This is allowed in Categories 1, 2, and 3.

Examples of allowed transitory flight:

• Flying across a road where vehicles happen to pass underneath
• Moving from one side of a parking lot to another while cars drive through
• Brief passage over a vehicle during an inspection or mapping operation

The key distinction is intent and duration. If your operational intent is to follow or track a vehicle, that’s sustained flight. If vehicles happen to pass underneath during normal operations, that’s transitory.

Exception: People in Vehicles

An important allowance: you may operate over people inside closed vehicles under Category 3 rules. This means:

• Stationary vehicles with people inside are allowed (people inside parked cars during an inspection)
• The vehicle must fully enclose the occupants (convertible with top down doesn’t qualify)
• This applies even if those people aren’t directly participating in the operation

Open-Air Assemblies

Operations over open-air assemblies of people are prohibited unless you have a specific waiver, regardless of category (except Category 4 with specific authorization).

What Constitutes an Open-Air Assembly

The FAA hasn’t provided a precise number, but generally considers an open-air assembly to be:

• A gathering of people who cannot move out of the way quickly
• Large enough that the remote pilot cannot maintain awareness of all individuals
• Typical examples: concerts, festivals, sporting events, protests, outdoor markets

What Does NOT Constitute an Open-Air Assembly

• Small groups where everyone is directly participating in the operation
• People casually walking on a sidewalk who can move freely
• Construction sites where workers have been briefed
• People inside buildings (even if visible through windows)

When in doubt about whether a situation qualifies as an open-air assembly, the conservative approach is to avoid flight directly overhead or seek a waiver.

Practical Implementation for Part 107 Operators

Understanding the theory is important, but implementation requires practical decision-making:

Choosing Your Category

1. Assess your drone – Weight, exposed propellers, Remote ID capability
2. Determine eligibility – Which category or categories does your aircraft qualify for?
3. Consider your operation – What type of populated area? Who will be present?
4. Select the most permissive applicable category – Use Category 1 if eligible, otherwise Category 3 for most commercial operations
5. Document your determination – Record which category you’re operating under in flight logs

Risk Mitigation Beyond Regulatory Minimums

Smart operators implement additional safety measures:

• Plan flight paths that minimize time over people even when allowed
• Use higher altitude when over people to increase reaction time
• Maintain conservative battery reserves for controlled landing
• Conduct ground briefings even when not technically required
• Use visual observers to monitor people on the ground
• Have clearly marked landing zones away from people

Enforcement and Liability Considerations

The FAA can impose civil penalties for violations of operations over people rules. More significantly, flying over people without proper authorization creates liability exposure if an accident occurs.

Insurance implications:

• Commercial drone insurance policies often require compliance with all FAA regulations
• Operating outside your authorized category could void coverage
• Claims involving injuries to people are among the most severe liability risks
• Document your category determination and compliance for insurance purposes

The operations over people regulations represent a carefully balanced approach to expanding commercial drone capabilities while protecting public safety. By understanding the categorical framework and implementing it properly, Part 107 pilots can work in populated areas with confidence and legal authorization.