For years, flying a drone over people was banned under Part 107. That changed in 2021 when the FAA created four categories that allow it under specific conditions. But the rules are strict, and breaking them can cost you thousands.
Here is how the four categories work, which drones qualify, and what you still cannot do.
The Four Categories
| Category | Max Weight | Requirements | Can Fly Over Crowds? |
|---|---|---|---|
| Category 1 | 0.55 lbs (250g) | No exposed rotating parts that could cut skin | No (only over individuals, not open-air assemblies) |
| Category 2 | Varies by drone | FAA-accepted Declaration of Compliance (DOC) | No |
| Category 3 | Varies by drone | FAA-accepted DOC + restricted area requirements | No |
| Category 4 | Up to 55 lbs | FAA airworthiness certificate + Part 21 compliance | Yes |
Category 1: Small Drones Under 250 Grams
If your drone weighs 0.55 pounds (250 grams) or less at takeoff (including everything attached to it), it falls into Category 1. You can fly it over people as long as it does not have any exposed rotating parts that could cut skin on contact.
Most sub-250g drones with prop guards meet this requirement. The DJI Mini 4 Pro and Mini 3 series are popular options. Just add the prop guards and you are good.
Category 1 does not allow flight over open-air assemblies of people. A park with scattered individuals is fine. A concert, sporting event, or protest is not.
Categories 2 and 3: Manufacturer Compliance
Categories 2 and 3 require the drone manufacturer to submit a Declaration of Compliance to the FAA. This document proves the drone meets specific impact energy limits. As of 2026, very few manufacturers have submitted DOCs.
Category 3 adds extra restrictions: you cannot fly over open-air assemblies, and everyone under the drone must be inside a covered structure or vehicle (or must be part of the operation).
Category 4: Full Airworthiness
Category 4 is the only category that allows sustained flight over crowds and open-air assemblies. But it requires a full FAA airworthiness certificate under Part 21. This is the same type of certification manned aircraft need. Very few drone operators pursue this.
What You Still Cannot Do
- Fly over people who are not aware a drone is operating above them (best practice: inform them)
- Hover over a large crowd with a Category 1, 2, or 3 drone
- Fly over people from a moving vehicle without the proper waiver
- Drop anything from the drone onto people below
How This Applies to Real Jobs
Real estate photography near a sidewalk, construction site surveys while workers are below, event coverage from the side of a crowd — these are everyday scenarios where the over-people rules matter.
For most commercial pilots, Category 1 (sub-250g drone with prop guards) is the easiest path. It covers the majority of jobs where you might briefly pass over someone.
DroneLog107 logs each flight with the equipment and category used so you have a compliance record for every job. Start tracking free.
The Bottom Line
Flying over people is allowed under Part 107, but only if your drone meets the right category. Category 1 (under 250 grams) is the easiest for most pilots. Categories 2 and 3 need manufacturer compliance. Category 4 is rare. Know your category before every flight and keep proof in your logs.
For the full list of Part 107 rules, see our Part 107 rules guide. Flying at night over people? Read our night flying rules guide first.