MmowW's Vice Director Pippo here. Before April 2021, flying a drone directly over any uninvolved person was flatly prohibited under Part 107. The Operations Over People (OOP) rule changed that by creating four categories — each with progressively stricter requirements for progressively riskier operations. Choosing the right category determines what equipment you need, what documentation you file, and where you can legally fly. Let me break down every detail.

Quick Takeaways
  • Operations over people are governed by 14 CFR Part 107 Subpart D (§§107.100–107.150).
  • Category 1: Drones ≤0.55 lb with no exposed rotating parts that could lacerate skin.
  • Category 2: Any weight, FAA-accepted Declaration of Compliance (DOC), injury severity limits.
  • Category 3: Any weight, DOC, but requires closed or restricted-access areas for uninvolved persons.
  • Category 4: Any weight, requires an FAA airworthiness certificate and operating limitations.
  • Categories 1–3 also allow operations over moving vehicles under specific conditions.

Table of Contents

  1. The OOP Framework: Why Four Categories
  2. Category 1: Small and Safe
  3. Category 2: Any Weight, Controlled Risk
  4. Category 3: Restricted Access Required
  5. Category 4: Airworthiness Certified
  6. Operations Over Moving Vehicles
  7. The Declaration of Compliance Process
  8. Decision Flowchart: Choosing Your Category
  9. Frequently Asked Questions
  10. Summary

The OOP Framework: Why Four Categories

Part 107 Subpart D (§§107.100–107.150) establishes a risk-based framework. Lower-risk operations face fewer requirements. Higher-risk operations require more documentation, equipment certification, and operational restrictions. The fundamental question is: what happens if the drone falls on someone? Each category addresses this question with increasing rigor.

Category Weight Limit Documentation Restriction
1 ≤0.55 lb (250 g) None No exposed laceration-risk parts
2 Any weight FAA-accepted DOC Must meet injury severity limits
3 Any weight FAA-accepted DOC Closed/restricted access site required
4 Any weight FAA airworthiness certificate Per operating limitations

Category 1: Small and Safe (§107.110)

Category 1 is the simplest path. If your drone is small enough and designed safely, you need no additional documentation beyond your Part 107 Remote Pilot Certificate.

Requirements

  • Maximum weight: 0.55 lb (250 g) including everything attached at the time of flight — payload, battery, propeller guards, accessories.
  • No exposed rotating parts that would lacerate human skin upon impact.
  • No DOC or airworthiness certificate required.
  • Standard Part 107 rules apply (400 ft AGL ceiling, VLOS, yield to manned aircraft).

What "no exposed rotating parts that could lacerate skin" means in practice: Propeller guards or ducted fans satisfy this requirement. A bare propeller on a sub-250g drone does NOT qualify for Category 1 unless the FAA determines that the specific propeller, at operational RPM, cannot lacerate skin. Most manufacturers of sub-250g drones now include prop guards or ducted designs specifically for Category 1 eligibility.

Practical Applications

Category 1 covers lightweight drones used for:

  • Real estate photography with micro-drones.
  • Indoor inspections with sub-250g aircraft.
  • Event coverage where the drone passes briefly over attendees.

Category 2: Any Weight, Controlled Risk (§§107.115/107.120)

Category 2 removes the weight limitation. Any drone can qualify, but the manufacturer or operator must demonstrate through testing that the aircraft meets specific injury severity thresholds.

Requirements

  • Any weight — no upper limit.
  • The drone must have an FAA-accepted Declaration of Compliance (DOC).
  • The DOC must be based on testing that shows the aircraft will not cause injury severity exceeding defined thresholds upon impact with a person.
  • No exposed rotating parts that could lacerate skin upon impact, OR the DOC accounts for laceration risk in its injury model.

Injury Severity Limits

The FAA uses an injury severity model based on impact energy transfer. The specific thresholds are defined in the means of compliance documents published by the FAA. The key principle: if the drone hits someone, the resulting injury must fall below the defined severity level.

The DOC is not optional for Category 2. Without a DOC accepted by the FAA, a drone heavier than 0.55 lb cannot operate over people under Category 2 — regardless of how "safe" the operator believes the aircraft to be. The DOC process involves formal testing and FAA review.

Operations Over Moving Vehicles

Category 2 permits operations over moving vehicles if the operation is not sustained — meaning the drone does not hover over or follow a moving vehicle for an extended period. Transiting across a roadway is permitted; tracking a car down a highway is not.

Category 3: Restricted Access Required (§§107.125/107.130)

Category 3 allows heavier drones with higher potential impact energy, but adds a critical restriction: uninvolved persons must be in a closed or restricted-access area.

Requirements

  • Any weight — no upper limit.
  • FAA-accepted DOC required.
  • The DOC may be based on a higher injury severity threshold than Category 2 (allowing heavier/faster aircraft).
  • No exposed rotating parts that could lacerate skin, OR the DOC accounts for laceration risk.
  • All persons in the operational area must be:
  • Directly participating in the operation, OR
  • Under a covered structure or inside a stationary vehicle, OR
  • Located within a closed or restricted-access site where all persons have been notified of the operation.

"Closed or restricted-access site" means: A location where entry is controlled. Examples include construction sites with perimeter fencing, film sets with controlled access, industrial facilities with entry gates. A public park is NOT a closed site. A city sidewalk is NOT a restricted-access area.

Operations Over Moving Vehicles

Category 3 permits operations over moving vehicles only within closed or restricted-access sites. This covers controlled environments like movie sets or testing facilities, not public roadways.

Category 4: Airworthiness Certified (§107.140)

Category 4 is the most rigorous path. It requires an FAA-issued airworthiness certificate — the same type of certification process that manned aircraft undergo, adapted for UAS.

Requirements

  • Any weight — no upper limit.
  • FAA airworthiness certificate required (not a DOC).
  • The drone must be operated within the operating limitations specified in the flight manual or approved documentation.
  • No DOC needed (the airworthiness certificate supersedes it).
  • May operate over open assemblies of people if the operating limitations permit it.

When Category 4 Applies

Category 4 is primarily relevant for:

  • Large commercial UAS (delivery drones, heavy-lift platforms).
  • Operations over dense crowds or open-air assemblies.
  • Aircraft that exceed the injury thresholds covered by Categories 2 and 3.

The airworthiness certification process is extensive. It involves design review, production quality assurance, flight testing, and ongoing airworthiness directives. This is not a path for hobbyists or small operators using commercial off-the-shelf drones. It is designed for manufacturers and operators of purpose-built commercial UAS platforms.

Operations Over Moving Vehicles

Each category handles moving vehicles differently:

Category Over Moving Vehicles? Conditions
1 Yes Not sustained flight over the vehicle
2 Yes Not sustained flight over the vehicle
3 Only in closed sites Closed or restricted-access site required
4 Per operating limitations As specified in airworthiness documentation

"Not sustained" is a judgment call. The FAA has not published a specific duration threshold. The intent is clear: briefly transiting over a roadway is acceptable; deliberately hovering over or following a moving vehicle is not. If your operation requires extended flight over moving vehicles on public roads, you need Category 4 or a waiver.

The Declaration of Compliance Process

The DOC is central to Categories 2 and 3. Here is how it works:

Step 1 — Testing. The applicant (typically the drone manufacturer) conducts impact testing according to FAA-accepted means of compliance. Testing measures injury severity metrics upon impact with a human surrogate or model. Step 2 — Documentation. The applicant prepares a Declaration of Compliance documenting the test results, aircraft configuration, and operational conditions under which the DOC is valid. Step 3 — Submission. The DOC is submitted to the FAA through the designated process. Step 4 — FAA Review. The FAA reviews the DOC and either accepts or rejects it. Acceptance means the drone can operate under the applicable category. Step 5 — Labeling. Accepted drones must display a label indicating which category they are eligible for. Operators must verify the label before conducting operations over people.
DOC Acceptance Flow

Manufacturer conducts impact testing → Documents results in DOC → Submits to FAA → FAA reviews and accepts/rejects → Accepted: Category label applied to aircraft → Operator verifies label before OOP flight

Decision Flowchart: Choosing Your Category

Which Category Do You Need? Q1: Does your drone weigh 0.55 lb (250 g) or less AND have no exposed rotating parts that could lacerate skin?

→ Yes: Category 1. No DOC needed. Fly over people under standard Part 107 rules. → No: Continue to Q2.

Q2: Does your drone have an FAA-accepted DOC for Category 2 injury thresholds?

→ Yes: Category 2. Fly over people in open areas. Moving vehicles OK if not sustained. → No: Continue to Q3.

Q3: Does your drone have an FAA-accepted DOC for Category 3 injury thresholds, AND will you operate only in closed/restricted-access sites?

→ Yes: Category 3. Fly over people in controlled areas only. → No: Continue to Q4.

Q4: Does your drone have an FAA airworthiness certificate?

→ Yes: Category 4. Operate per the certificate's operating limitations. → No: You cannot operate over people. Consider a §107.200 waiver or restructure your operation to avoid overflying uninvolved persons.

Frequently Asked Questions

Does my DJI Mini qualify for Category 1?

If it weighs 250 g or less with everything attached and has propeller guards that prevent skin laceration, it is eligible for Category 1. Without prop guards, the exposed propellers may disqualify it. Check the manufacturer's OOP documentation.

Can I fly over a crowd at a concert under Category 2?

Only if your drone has an FAA-accepted DOC for Category 2 AND you are not sustaining flight over the crowd. For sustained operations over open assemblies, Category 4 with an airworthiness certificate is required.

Who is responsible for the DOC — the pilot or the manufacturer?

The manufacturer typically obtains the DOC. The pilot's responsibility is to verify that the aircraft has a valid DOC label and that the operation falls within the DOC's conditions.

What if my drone has a DOC but I modify it?

Modifications that change the weight, structure, or rotating parts may invalidate the DOC. Any modification that could affect impact characteristics requires a new DOC assessment.

Do Categories 1–4 replace the old waiver process?

For operations over people, yes — the four categories provide a structured path that replaces the need for case-by-case waivers under §107.39 (the former prohibition). However, waivers under §107.200 remain available for operations that do not fit any category.

Summary

The four-category framework under Part 107 Subpart D gives drone operators clear paths to legal operations over people. Category 1 is simple — stay under 0.55 lb with no laceration risk. Categories 2 and 3 open the door to heavier aircraft through the DOC process, with Category 3 adding a closed-site restriction for higher-risk drones. Category 4 provides the most capability through full airworthiness certification. The right category depends on your aircraft weight, available documentation, and operational environment. Choose the lowest category that meets your needs — it will have the fewest requirements and fastest path to compliance.

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This article is provided for informational purposes only by MmowW / Sawai Gyoseishoshi Office. It does not constitute legal advice. Drone regulations change frequently. Always verify current requirements with the FAA directly. MmowW is not a certification body, auditor, or government authority.

References

  1. 14 CFR Part 107 Subpart D — Operations Over Human Beings: ecfr.gov
  2. 14 CFR §107.110 — Category 1 Operations: ecfr.gov
  3. 14 CFR §§107.115/107.120 — Category 2 Operations: ecfr.gov
  4. 14 CFR §§107.125/107.130 — Category 3 Operations: ecfr.gov
  5. 14 CFR §107.140 — Category 4 Operations: ecfr.gov
  6. FAA Operations Over People Overview: faa.gov/uas/commercial_operators/operations_over_people