1.3 Operations over People

There is a common misconception is related to flight operations over people that must be addressed. Far too many people are passing along incorrect information.

The FAA prohibits flight operations over people - single persons, moving vehicles and open-air assemblies of people - except in very specific circumstances.

1.3.1 Operations Over People

FAA regulation 14 CFR 107.39 prohibits operations over people with three (3) exceptions:

  1. The pilot
  2. Persons in a covered structure or stationary vehicle
  3. In accordance to Subpart D (introduced April 2021)

Additionally, FAA regulation 14 CFR 107.19(c) requires the pilot to ensure the drone poses no undue hazard to other people or property in the event of a loss of control. No exceptions.

1.3.2 Subpart D

Introduced in April 2021, 14 CFR 107 Subpart D provides a pathway for flight operations over people. A summary of those rules is described here: https://www.faa.gov/uas/commercial_operators/operations_over_people

Subpart D introduces four (4) categories of drones that are allowed to operate over people.

  1. Category 1 - Drones under 250 grams with propeller guards
  2. Category 2 - Drones certified by the FAA to not cause injury to a human being that is equivalent to or greater than the severity of injury caused by a transfer of 11 foot-pounds of kinetic energy upon impact from a rigit object.
  3. Category 3 - Drones certified by the FAA to not cause injury to a human being that is equivalent to or greater than the severity of injury caused by a transfer of 25 foot-pounds of kinetic energy upon impact from a rigit object.
  4. Category 4 - Drones certified by the FAA under a Special Airworthiness Certificate

Any Drone That Does Not Qualify Under One of These Four Categories Is Not Eligible For Any Operations Over People

The full list of FAA-certified drones can be found here: https://uasdoc.faa.gov/listDocs, filter by OOP - The sole entry is the AgEagle eBee X.

1.3.3 Open-Air Assembly vs Brief, One-Time Transiting

The note regarding the difference between ‘sustained flight over an open-air assembly’ vs. ‘a brief, one-time transiting’ is in regards to compliance with Remote Identification regulations. Remote ID compliance is required for sustained flight over an open-air assembly, otherwise without Remote ID, operations over people are restricted to only ‘brief, one-time transiting’ over persons.