Can you fly a drone over people under Part 107?
The basic rule is 14 CFR 107.39. You may not fly over a human being unless the person is directly participating in the operation, is located under a covered structure or inside a stationary vehicle that can provide reasonable protection, or the operation meets one of four categories.
The categories are in 14 CFR part 107 subpart D. They describe what the drone must be like, not how skilled the pilot is.
What are the four categories of operations over people?
Each category has its own requirements:
| Category | Main requirement | Declaration of compliance and label |
|---|---|---|
| Category 1 (107.110) | 0.55 pounds or less on takeoff and throughout the flight, including everything on board or attached; no exposed rotating parts that would lacerate human skin | Not needed |
| Category 2 (107.115, 107.120) | Cannot cause injury equal to or greater than the transfer of 11 foot-pounds of kinetic energy from a rigid object; no exposed lacerating parts; no safety defects | FAA-accepted declaration for Category 2 and a Category 2 label |
| Category 3 (107.125, 107.130) | Same structure with a limit of 25 foot-pounds; extra limits on where it may fly over people | FAA-accepted declaration for Category 3 and a Category 3 label |
| Category 4 (107.140) | Airworthiness certificate issued under 14 CFR part 21, operated within its operating limitations | Not applicable |
What does Category 1 require?
Category 1 is the simplest. The drone must weigh 0.55 pounds or less on takeoff and throughout the flight, including everything on board or attached, and must have no exposed rotating parts that would lacerate human skin. No declaration of compliance and no label are needed.
Note that the weight limit includes everything attached. Adding an accessory can push a drone over the limit and out of Category 1.
What are the extra limits for Category 3?
A Category 3 drone must never be flown over open-air assemblies of people. It may fly over people only within or over a closed- or restricted-access site where everyone is on notice that a drone may fly over them, or if it does not maintain sustained flight over anyone who is not directly participating or protected by a covered structure or stationary vehicle.
For the other categories, sustained flight over open-air assemblies of people under Categories 1, 2 and 4 is allowed only if the drone meets the Remote ID requirements. Our Remote ID guide explains how to comply.
What is a declaration of compliance for drones?
Under 14 CFR 107.160, the manufacturer, called the applicant, declares to the FAA that the aircraft meets the Category 2 or Category 3 requirements using an FAA-accepted means of compliance under 107.155. The FAA publishes the accepted declarations.
The remote pilot still has a job here: you must make sure the aircraft is listed and labeled for the category you are operating under. A marketing claim alone is not enough.
Operations over moving vehicles have their own rules in 14 CFR 107.145, separate from the categories described here.
Why is operations over people tricky on the Part 107 test?
The FAA publishes quarterly reports of frequently missed ACS codes. In the FAA's Frequently Missed Knowledge Test ACS Codes reports, the UAG code UA.I.E.K13, Declaration of Compliance (DoC), shows a percent missed of 75.87% for July 1, 2023 to June 30, 2024 and 77.25% for April 1, 2024 to March 31, 2025. These are historical FAA report figures, not a prediction about your test or your personal odds.
You can read the full ACS wording for this code in our ACS code lookup. Learning which category needs a declaration and a label, and which does not, is more useful than memorizing single answers.
What if something goes wrong during a flight over people?
14 CFR 107.9 has been titled Safety event reporting, formerly Accident reporting, since December 2022. You must report to the FAA within 10 calendar days if an operation causes serious injury, loss of consciousness, or damage to property other than the drone, unless the repair cost or, in a total loss, the fair market value does not exceed $500.