Flying over people โ events, crowds, pedestrians โ is one of the highest-value commercial drone use cases. It's also where safety requirements are highest. The Gyoseishoshi approach: understand each category's requirements precisely, verify your aircraft eligibility, and never fly over people without confirming your category compliance. โ MmowW Team ๐ฆ
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Before March 16, 2021, flying over people under Part 107 generally required an individual ยง 107.39 waiver. The FAA replaced this with a four-category framework that allows certain operations without a waiver, provided the aircraft and operation meet specific requirements.
Regulatory basis: 14 CFR ยงยง 107.110โ107.140
Operations Over People (OOP) rules are based on limiting the severity of injury if the drone strikes a person. Each category reflects a different level of injury risk, with increasingly restrictive requirements for higher-risk operations.
| Category | Drone Type | Over People? | Over Moving Vehicles? |
|---|---|---|---|
| Category 1 | โค 0.55 lbs with no exposed rotating parts | YES | YES |
| Category 2 | FAA-listed compliant drone | YES | YES |
| Category 3 | FAA-listed compliant drone | YES, in restricted access areas only | YES, in restricted access areas only |
| Category 4 | FAA airworthiness certificate | YES | YES |
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Category 1 is the simplest compliance pathway for operations over people.
| Requirement | Details | Regulation |
|---|---|---|
| Weight | โค 0.55 lbs (250g) | ยง 107.110(a)(1) |
| Exposed rotating parts | May not have exposed rotating parts that could lacerate human skin upon contact | ยง 107.110(a)(2) |
| No Part 107 waiver | Cannot be operated under a waiver for over-people operations | ยง 107.110(a)(3) |
Most mini drones weighing under 250g (DJI Mini 3, etc.) can fly over people under Category 1, provided their propellers won't lacerate skin on contact. Ducted propellers or propeller guards generally satisfy the "no exposed rotating parts" requirement.
Weight is total flying weight. If your sub-250g drone has a payload, add the payload weight. If the total exceeds 0.55 lbs, Category 1 does not apply. Source: 14 CFR ยง 107.110(a)(1)
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Category 2 allows drones heavier than 250g to fly over people, provided the drone is on the FAA's list of compliant aircraft.
| Requirement | Details | Regulation |
|---|---|---|
| FAA Declaration of Compliance | Drone manufacturer has submitted a DoC accepted by FAA | ยง 107.120 |
| Injury threshold | Drone must not cause injury exceeding the threshold (based on kinetic energy transfer) | ยง 107.120(a)(1) |
| No exposed rotating parts | Same as Category 1 | ยง 107.120(a)(2) |
| No waiver operations | Not operating under a waiver | ยง 107.120(a)(3) |
The FAA maintains a list of drones that have submitted Declarations of Compliance and been accepted:
faa.gov/uas/commercial_operators/operations_over_people
Check this list before assuming your drone can conduct Category 2 operations.
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Category 3 allows operations over people in more controlled environments where access to the area below the flight path is restricted.
| Requirement | Details | Regulation |
|---|---|---|
| FAA Declaration of Compliance | Drone manufacturer has submitted accepted DoC | ยง 107.125 |
| Injury threshold | Different (higher) threshold than Category 2 | ยง 107.125(a)(1) |
| No exposed rotating parts | Same as above | ยง 107.125(a)(2) |
| Restricted access | Operations only over people who are under a structure or stationary vehicle, OR in a transient location with access control | ยง 107.130 |
| No sustained flight over people in open areas | Cannot maintain sustained flight over crowds in open areas | ยง 107.130(b) |
Category 3 operations over open, moving crowds are generally NOT permitted. The "restricted access" requirement means:
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Category 4 is the highest-compliance pathway, required for operations that don't fit the other categories.
| Requirement | Details | Regulation |
|---|---|---|
| FAA airworthiness certificate | Aircraft must hold an FAA airworthiness certificate | ยง 107.140(a) |
| Operating limitations | Operated in accordance with FAA-approved operating limitations | ยง 107.140(b) |
| Airworthiness directives | All applicable ADs must be complied with | ยง 107.140(c) |
Category 4 is primarily relevant for larger commercial UAS platforms pursuing airworthiness certification โ not the typical consumer or prosumer drone. Most small commercial drones pursue Category 1, 2, or 3 pathways.
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Part 107 generally prohibits operations over moving vehicles (ยง 107.38). However, Category 1โ4 compliant operations may fly over moving vehicles when:
Public roads are generally NOT restricted-access sites. Operating over vehicles on a public highway requires either a closed road (traffic control) or a waiver. Source: 14 CFR ยง 107.38
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Step 1: Check your drone's total flying weight (including payload) โ โค 0.55 lbs AND no exposed rotating parts? โ Category 1 eligible โ > 0.55 lbs? โ Check FAA OOP Compliance list at faa.gov โ Drone on Category 2 list? โ Category 2 eligible โ Drone on Category 3 list? โ Category 3 eligible (restricted access only) โ Not on list? โ Cannot conduct OOP without individual waiver โ Contact manufacturer about DoC submission
FAA OOP List: faa.gov/uas/commercial_operators/operations_over_people
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| Scenario | Applicable Category | Notes |
|---|---|---|
| Real estate photography โ flew over one pedestrian briefly | Category 1 if โค 250g; Category 2/3 if heavier | Unintentional brief pass may still require compliance |
| Filming a public outdoor concert | Category 2 or 3 depending on drone and access control | Large crowds = highest safety attention |
| Sports event at a stadium | Category 2 if fans in open seats; Category 3 if under roof structure | Also: stadium TFR applies during events |
| Construction site with workers | Category 2 or 3 depending on environment and access control | Restricted access may be achievable |
| Aerial photography at a wedding | Category 1 or 2 depending on drone; guests' consent recommended | Civil liability remains regardless of FAA compliance |
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Yes. For operations specifically covered by the Category framework, you do NOT need an individual ยง 107.39 waiver. The Category 1โ4 framework replaced the waiver requirement for most OOP situations. However, some edge cases may still require waivers. Source: 14 CFR ยงยง 107.110โ107.140
Check the FAA OOP Compliance list. If DJI has submitted a Declaration of Compliance for the Mavic 3 and it's been accepted, you may fly over people under Category 2 or 3 depending on the specific listing. If not listed, you cannot fly over people without an individual waiver. Always verify against the current FAA list. Source: FAA OOP List
FAA OOP compliance focuses on technical safety requirements, not consent. However, consent from individuals below may be relevant for state privacy laws and civil liability. Best practice for commercial operations: both comply with OOP categories AND obtain consent where practical. Source: FAA OOP framework
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Operations Over People under Part 107:
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This information is provided for guidance only and does not constitute legal advice. For official FAA regulations, please consult faa.gov/uas. MmowW acts as a compliance assistance platform โ operators remain fully responsible for their compliance with applicable regulations.
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This article is for informational purposes only and does not constitute legal, financial, or regulatory advice. Regulations change frequently โ always verify with the relevant aviation authority (CAA) for the most current requirements. MmowW automates compliance tracking but does not replace professional consultation where required by law.
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