Before April 2021, Part 107 prohibited flying over people who were not directly participating in the operation. The rule was straightforward but limiting -- it effectively grounded many real estate, event, and urban operations.
The FAA replaced the blanket prohibition with a category system (14 CFR 107.110-107.145) that allows operations over people when the aircraft meets specific safety standards. Understanding the categories is essential for any pilot doing commercial work in populated areas.
The Category Framework
The category system classifies drone operations over people based on the kinetic energy the drone would transfer in a crash -- a proxy for injury potential. Lower kinetic energy means a less severe crash and a lower category requirement.
Four categories exist. Category 1 has the lowest requirements. Category 4 has the most stringent. Each category defines the operations permitted and the aircraft requirements that must be met.
Critical point: the categories apply to the aircraft, not just the operation. You cannot choose a category for a given aircraft based on how you want to fly -- the aircraft either meets the category's requirements or it does not.
Category 1: Under 0.55 Pounds
Aircraft requirement. The drone must weigh 0.55 lbs (250g) or less, including everything on board. No exposed rotating parts that could lacerate human skin.
Operations permitted. Operations over people are allowed. Operations over moving vehicles are allowed in controlled or restricted-access sites.
FAA listing required. No. Any aircraft meeting the weight and design requirements qualifies automatically.
Practical examples. DJI Mini 4 Pro (249g), DJI Mini 3 Pro (249g), and most sub-250g drones qualify. This is the most permissive category and covers a significant portion of consumer and prosumer aircraft.
The catch. Operations over moving vehicles are permitted only in areas where access is restricted or the public has been warned. You cannot fly a Mini 4 Pro over active highway traffic under Category 1.
Category 2: FAA-Declared List, 11 ft-lbf Limit
Aircraft requirement. The drone must appear on the FAA's Category 2 declared list. The declared list is maintained by the FAA and includes aircraft that the manufacturer has self-declared as meeting the Category 2 kinetic energy standard (maximum 11 ft-lbf on impact) and design requirements (no exposed rotating parts that could lacerate).
Operations permitted. Sustained operations over people are allowed. Operations over moving vehicles are not permitted.
FAA listing required. Yes. The aircraft must be on the Category 2 declared list. Check the FAA's UAS facility maps page for the current list.
Practical examples. Several DJI and Skydio aircraft appear on the Category 2 list. Check the current FAA list -- it is updated as manufacturers add aircraft.
Category 3: FAA-Declared List, 25 ft-lbf Limit
Aircraft requirement. Must appear on the FAA's Category 3 declared list. Higher kinetic energy threshold (25 ft-lbf) than Category 2 -- this allows heavier aircraft that still meet certain design standards.
Operations permitted. Operations over people in areas where access is restricted or controlled, or where the public has been notified and has been given the opportunity to move out of the area. Operations over open-air assemblies of people are explicitly prohibited under Category 3.
Operations over moving vehicles are not permitted.
FAA listing required. Yes. Current Category 3 declarations include more aircraft than Category 2, including some heavier commercial platforms.
Category 4: FAA Airworthiness Certificate
Aircraft requirement. Must hold an FAA airworthiness certificate -- the same certification framework used for manned aircraft. This is the most stringent requirement and currently applies to a very limited number of drone platforms.
Operations permitted. Operations over people and moving vehicles as specified in the aircraft's operating limitations.
Practical note. Category 4 is largely theoretical for most commercial operators at this stage. Very few drone platforms hold FAA airworthiness certificates.
Operations Over Moving Vehicles
Operations over moving vehicles are more restricted than operations over stationary people.
Under Category 1, operations over moving vehicles are permitted only in restricted or controlled-access sites -- closed tracks, private property, access-controlled roads. Not on public roadways with normal traffic.
Categories 2 and 3 do not permit operations over moving vehicles at all.
The practical result: flying over an active road with normal traffic is not permitted under any standard category for aircraft over 250g. Operations over vehicles require either Category 1 in a controlled environment or a waiver under 107.39.
What "Over" Means
The regulation does not define a specific altitude threshold for "over people." FAA guidance and common operational interpretation treat "over" as the area directly beneath the flight path where a crashing drone would likely land.
The intent is to avoid creating a situation where a drone malfunction results in the aircraft falling on a person. Passing at sufficient lateral distance from a crowd to avoid this scenario is generally not considered "operating over" that crowd. But there is no bright-line altitude rule -- the pilot in command must make a reasonable judgment.
Open-Air Assemblies: The Hard Prohibition
Regardless of category, no standard Part 107 operations are permitted over open-air assemblies of people. 14 CFR 107.145 defines an open-air assembly as a gathering of persons outdoors.
Stadiums, concerts, outdoor markets, parades, beach crowds, and similar gatherings are explicitly off-limits. This prohibition applies even for Category 1 aircraft.
Operations over these events require a waiver under 107.39 with a demonstrated safety case. These waivers are rarely approved for standard aerial photography applications.
Checking Category Status Before Flying
The FAA's declared list is updated as manufacturers submit aircraft for declaration. Before planning operations over people with any aircraft:
- Confirm the aircraft appears on the current FAA Category 2 or Category 3 declared list (check faa.gov, not manufacturer marketing materials)
- Confirm you understand which operations are permitted under that category
- Verify the operational environment meets the category requirements
For aircraft under 250g, verify the exact weight including any accessories (ND filters, landing pads, additional sensors) -- 249g with accessories may exceed 250g.
Check airspace and restricted zone status before any commercial operation at uas-skycheck.app. Stadium TFRs, event airspace, and restricted zones are flagged automatically in the preflight check.