Can a drone legally fly over people, and fly at night?

Authority

14 CFR Part 107, Subpart A — § 107.3, the definitions section for the whole part · 14 CFR Part 107, Subpart B — §§ 107.25, 107.29, 107.31, 107.33, 107.35, 107.37, 107.39 · 14 CFR Part 107, Subpart D — §§ 107.100 through 107.165 (quoted here: 107.100, 107.105, 107.110, 107.115, 107.120, 107.125, 107.130, 107.135, 107.140, 107.145, 107.150, 107.160) · 14 CFR Part 107, Subpart E — §§ 107.200, 107.205 · 14 CFR Part 89 — Remote Identification, §§ 89.110 and 89.115(a), reached through 14 CFR 107.115(b) · Rule text on this page verified against the source on 6 September 2026.

Sources

24 sources

14 CFR 107.3 — definitions for the whole part (eCFR) · 14 CFR 107.25 — operating from a moving vehicle or aircraft (eCFR) · 14 CFR 107.29 — night operations and anti-collision lighting (eCFR) · 14 CFR 107.31 — visual line of sight (eCFR) · 14 CFR 107.33 — visual observer (eCFR) · 14 CFR 107.35 — operation of multiple small unmanned aircraft (eCFR) · 14 CFR 107.37 — right of way (eCFR) · 14 CFR 107.39 — operation over human beings (eCFR) · 14 CFR 107.100 — what Subpart D covers (eCFR) · 14 CFR 107.105 — routing to the four categories (eCFR) · 14 CFR 107.110 — Category 1 (eCFR) · 14 CFR 107.115 — Category 2 operating requirements, and open-air assemblies (eCFR) · 14 CFR 107.120 — Category 2 aircraft eligibility (eCFR) · 14 CFR 107.125 — Category 3 operating requirements (eCFR) · 14 CFR 107.130 — Category 3 aircraft eligibility (eCFR) · 14 CFR 107.135 — a damaged, destroyed or missing label (eCFR) · 14 CFR 107.140 — Category 4 (eCFR) · 14 CFR 107.145 — over people inside a moving vehicle (eCFR) · 14 CFR 107.150 — aircraft eligible for more than one category (eCFR) · 14 CFR 107.155 — means of compliance (eCFR) · 14 CFR 107.160 — declaration of compliance, including rescission (eCFR) · 14 CFR 107.165 — record retention (eCFR) · 14 CFR 107.200 — waiver policy (eCFR) · 14 CFR 107.205 — the list of waivable sections (eCFR)

Verified

6 September 2026

Status

Current

Can a drone fly over people at all?

Yes, on one of three conditions written into 14 CFR 107.39: the person is directly participating in the operation of the aircraft, the person is under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling aircraft, or the flight meets one of the operational categories in Subpart D.Verbatim¶

The section opens flat and then names the exits. The opening line is the one to remember, because it sets the default for every job with people on the ground.Our reading¶

The third exit is the one that carries commercial work, and it is a door into a whole subpart rather than a single sentence.Our reading¶

This is a rule about position and time, not about the picture. What governs is where the aircraft sits, who is underneath it, and for how long. Framing the shot to keep faces out of the image leaves the rule exactly where it was.Our reading¶

14 CFR 107.100 draws the map for the subpart, and it is worth reading before the categories: Subpart D adds to the exits already in 107.39(a) and (b), and it covers moving vehicles as well as people on foot.Verbatim¶

There is a second road, and it comes near the end of this page: 107.39 is one of the sections a waiver can reach.Our reading¶

No person may operate a small unmanned aircraft over a human being unless— (a) That human being is directly participating in the operation of the small unmanned aircraft; (b) That human being is located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft; or (c) The operation meets the requirements of at least one of the operational categories specified in subpart D of this part.

This subpart prescribes the eligibility and operating requirements for civil small unmanned aircraft to operate over human beings or over moving vehicles in the United States, in addition to those operations permitted by § 107.39(a) and (b).

Which of the four categories does an aircraft enter through?

14 CFR 107.105 names all four doors: § 107.110 for Category 1, §§ 107.115 and 107.120 for Category 2, §§ 107.125 and 107.130 for Category 3, and § 107.140 for Category 4. Our reading of the sections behind those numbers is that Category 1 runs on weight, Categories 2 and 3 on impact energy plus an FAA-accepted declaration of compliance, and Category 4 on an airworthiness certificate issued under Part 21.Our reading¶

Read 107.105 as the index of the subpart. It is the paragraph to know by heart, because it lets you say in one sentence which road your equipment takes.Our reading¶

Category 1 runs on weight: 0.55 pounds, about 250 grams. The ceiling is measured at takeoff and throughout the operation, counting everything on board or otherwise attached, so a payload, a mount or an add-on moves an aircraft out of this category. The second condition is physical: exposed rotating parts that would lacerate human skin keep an aircraft out.Verbatim¶

Categories 2 and 3 are the same shape with different numbers. Category 2 requires an aircraft designed, produced, or modified so that it will not cause injury equivalent to or greater than the severity of injury caused by a transfer of 11 foot-pounds of kinetic energy upon impact from a rigid object; Category 3 sets that reference at 25 foot-pounds. Each of those sections carries two more conditions in the same sentence: no exposed rotating parts that would lacerate human skin, and no safety defects. The higher figure is the trade: Category 3 takes more energy and gives back a narrower set of places it can be flown.Verbatim¶

There is a finer difference buried at the end of each of those two sections. Our reading of 107.120 and 107.130 is that their closing paragraphs — the declaration applicant's duty to maintain a product support and notification process — measure Category 2 against a low probability of casualty and Category 3 against a low probability of fatality, the more permissive of the two. The heavier category is the one with the looser injury standard, and it earns that by being confined to controlled sites.Our reading¶

Category 4 is a manufacturer's road, not an operator's. It runs on an airworthiness certificate under Part 21 and an approved Flight Manual whose operating limitations must not prohibit operations over human beings. Our reading of the rest of 107.140 is that a maintenance and records regime sits behind it. Worth knowing by name so it can be set aside quickly in a meeting.Our reading¶

Except as provided in §§ 107.39(a) and (b) and 107.145, a remote pilot in command may conduct operations over human beings only in accordance with the following, as applicable: § 107.110 for Category 1 operations; §§ 107.115 and 107.120 for Category 2 operations; §§ 107.125 and 107.130 for Category 3 operations; or § 107.140 for Category 4 operations.

To conduct Category 1 operations— (a) A remote pilot in command must use a small unmanned aircraft that— (1) Weighs 0.55 pounds or less on takeoff and throughout the duration of each operation under Category 1, including everything that is on board or otherwise attached to the aircraft; and (2) Does not contain any exposed rotating parts that would lacerate human skin upon impact with a human being. (b) No remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies of human beings unless the operation meets the requirements of either § 89.110 or § 89.115(a) of this chapter.

(a) To be eligible for use in Category 2 operations, the small unmanned aircraft must be designed, produced, or modified such that it— (1) Will 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 rigid object; (2) Does not contain any exposed rotating parts that would lacerate human skin upon impact with a human being; and (3) Does not contain any safety defects.

(a) To be eligible for use in Category 3 operations, the small unmanned aircraft must be designed, produced, or modified such that it— (1) Will not cause injury to a human being that is equivalent to or greater than the severity of the injury caused by a transfer of 25 foot-pounds of kinetic energy upon impact from a rigid object; (2) Does not contain any exposed rotating parts that would lacerate human skin upon impact with a human being; and (3) Does not contain any safety defects.

(b) Small unmanned aircraft requirements for Category 4. To be eligible to operate over human beings under this section, the small unmanned aircraft must— (1) Have an airworthiness certificate issued under part 21 of this chapter. (2) Be operated in accordance with the operating limitations specified in the approved Flight Manual or as otherwise specified by the Administrator. The operating limitations must not prohibit operations over human beings. (3) Have maintenance, preventive maintenance, alterations, or inspections performed in accordance with paragraph (c)(1) of this section.

1. Weigh the aircraft as it will fly, with everything attached. At or under 0.55 pounds, with no exposed rotating parts that would lacerate human skin, Category 1 applies (107.110).
2. Above that ceiling, look for an FAA-accepted declaration of compliance that lists the aircraft for Category 2 or Category 3 (107.115(a)(2) and its Category 3 counterpart).
3. Read which figure the declaration meets: the 11 foot-pound injury reference for Category 2, the 25 foot-pound reference for Category 3 (107.120(a)(1), 107.130(a)(1)).
4. Look at the airframe. The label has to match the category being claimed (107.135).
5. Category 4 belongs to aircraft holding an airworthiness certificate under Part 21 and operated under an approved Flight Manual whose operating limitations must not prohibit operations over human beings (107.140(b)).

What does Category 2 require on the day of the flight?

Three things at once, per 14 CFR 107.115(a): the aircraft is eligible under 107.120(a), it is listed on an FAA-accepted declaration of compliance for Category 2 under 107.160, and it is labeled as eligible under 107.120(b)(1).Verbatim¶

The word to hold onto is "and". All three conditions run together. Two of them are live data rather than purchase-day facts: the declaration has to stand accepted on the day of the flight, and the label has to be on the airframe, not in a folder.Our reading¶

When the label goes, the duty moves to the pilot. 107.135 makes the remote pilot in command replace it before flying over human beings, and it sets the standard: in English, legible, prominent, and lasting for the duration of the operation.Verbatim¶

That English instruction is express federal rule text, and it holds for work in Puerto Rico the same as anywhere else. It is one of the few places where the language of a physical marking is written into the regulation itself.Our reading¶

To conduct Category 2 operations— (a) A remote pilot in command must use a small unmanned aircraft that— (1) Is eligible for Category 2 operations pursuant to § 107.120(a); (2) Is listed on an FAA-accepted declaration of compliance as eligible for Category 2 operations in accordance with § 107.160; and (3) Is labeled as eligible to conduct Category 2 operations in accordance with § 107.120(b)(1).

If a Category 2 or Category 3 label affixed to a small unmanned aircraft is damaged, destroyed, or missing, a remote pilot in command must label the aircraft in English such that the label is legible, prominent, and will remain on the small unmanned aircraft for the duration of the operation before conducting operations over human beings.

What is an open-air assembly, and which categories can fly over one?

An open-air assembly raises the bar on top of the category, and the categories split on it: 14 CFR 107.115(b) lets a Category 2 operation hold sustained flight over one only if the operation also meets § 89.110 or § 89.115(a) — Remote ID — while 107.125(b) keeps open-air assemblies outside Category 3 entirely.Verbatim¶

Read that as a condition rather than a wall. 107.115(b) stacks Remote ID on top of the category for sustained flight over an assembly; the rest of Part 107 keeps running underneath it.Our reading¶

Our reading of the subpart is that the same sentence appears word for word in 107.110(b) and 107.140(a)(2), so Categories 1, 2 and 4 all carry the identical condition. Category 3 is the one that goes the other way: it puts open-air assemblies outside the category outright, with no Remote ID condition attached.Our reading¶

That difference is where a work site and an event part ways. Category 3 describes a fenced job site with the people on it briefed, which is a good fit for construction. A reception on a lawn is the plain case of an open-air assembly, and Category 2 with Remote ID is the route that reaches it.Our reading¶

Here is the part that decides hard cases and that almost nobody plans for: the two phrases doing the work — "sustained flight" and "open-air assemblies" — carry the prohibition in the quoted text and appear there with no definition attached. The same holds for "closed- or restricted-access site" in 107.125(c) and "sparsely populated area" in 107.25(b).Our reading¶

§ 107.3 is the definitions section for the whole part, and it defines seven terms: control station, corrective lenses, declaration of compliance, small unmanned aircraft, small unmanned aircraft system, unmanned aircraft, and visual observer. None of the four phrases is among them. So the practical answer stands: write down the call you made and why, before takeoff, on the flight plan that goes in the file. A judgment recorded in advance reads very differently from a judgment explained afterward.Our reading¶

No remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies of human beings unless the operation meets the requirements of either § 89.110 or § 89.115(a) of this chapter.

To conduct Category 3 operations, a remote pilot in command— (a) Must use a small unmanned aircraft that— (1) Is eligible for Category 3 operations pursuant to § 107.130(a); (2) Is listed on an FAA-accepted declaration of compliance as eligible for Category 3 operations in accordance with § 107.160; and (3) Is labeled as eligible for Category 3 operations in accordance with § 107.130(b)(1); (b) Must not operate the small unmanned aircraft over open-air assemblies of human beings; and (c) May only operate the small unmanned aircraft above any human being if operation meets one of the following conditions: (1) The operation is within or over a closed- or restricted-access site and all human beings located within the closed- or restricted-access site must be on notice that a small unmanned aircraft may fly over them; or (2) The small unmanned aircraft does not maintain sustained flight over any human being unless that human being is— (i) Directly participating in the operation of the small unmanned aircraft; or (ii) Located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft.

Can a modification qualify an aircraft the factory did not?

Yes, and the authority is one word inside 14 CFR 107.120(a): an aircraft becomes eligible for Category 2 if it is "designed, produced, or modified" to hold under the 11 foot-pound injury reference, which puts modification on the same footing as manufacture.Verbatim¶

Without that third verb, an add-on from a third party could never qualify an airframe that misses the limit as it leaves the factory. With it, a recovery system that slows a falling aircraft is a route into a category, not an accessory. The same three verbs appear in 107.130(a) for Category 3.Our reading¶

The modification only counts through the other two conditions of 107.115(a). The modified combination has to appear on an FAA-accepted declaration of compliance, and it has to wear the label. The permission attaches to the combination of airframe and modification, so the part goes on the aircraft rather than in the case.Our reading¶

14 CFR 107.150 sets the condition on carrying more than one configuration: an aircraft may be eligible for one or more categories as long as the remote pilot in command cannot inadvertently switch between modes or configurations.Verbatim¶

Read the word "cannot" carefully. It is a design condition, not a discipline condition. An aircraft with the modification fitted and the same aircraft without it are two configurations, so a part that comes on and off easily raises a question to put to the manufacturer in writing before a date is promised.Our reading¶

(a) To be eligible for use in Category 2 operations, the small unmanned aircraft must be designed, produced, or modified such that it— (1) Will 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 rigid object; (2) Does not contain any exposed rotating parts that would lacerate human skin upon impact with a human being; and (3) Does not contain any safety defects.

A small unmanned aircraft system may be eligible for one or more categories of operation over human beings under this subpart, as long as a remote pilot in command cannot inadvertently switch between modes or configurations.

What can take the permission away after you already have it?

A rescission can, overnight: 14 CFR 107.160(d)(1) bars operating an aircraft identified on a declaration of compliance while the FAA has that declaration rescinded.Verbatim¶

The declaration belongs to the manufacturer. The prohibition lands on the operator. That asymmetry is the whole point of the paragraph, and it means a signed job can come apart because of a notice published that week by someone you have never spoken to.Our reading¶

So the FAA list is a pre-job check, once per job over people, with the date written down. Checking it on the day of purchase covers the day of purchase.Our reading¶

One more habit belongs here. A rescission notice names models. A headline about it names a product line. Those are different sets, and a family of accessories can hold declarations for several airframes where only one is withdrawn. Read the document text and match the model, then record what you read and when.Our reading¶

Subpart D also runs further than most summaries suggest. It does not stop at the moving-vehicle rule: 107.150, 107.155, 107.160 and 107.165 all sit past it, and 107.160(d)(1) — the one that can ground you from one day to the next — is in that tail. 107.155 is the means-of-compliance section and 107.165 the record-retention section; both bind the party who submits a means of compliance or a declaration of compliance, not the pilot flying under it.Our reading¶

No person may operate a small unmanned aircraft identified on a declaration of compliance that the FAA has rescinded pursuant to this subpart while that declaration of compliance is rescinded.

1. Open the FAA list of accepted declarations of compliance before each job that will put the aircraft over people.
2. Match three things: the model of the airframe, the modification fitted to it, and the category claimed.
3. Open any rescission notice by its document text and check which models it names.
4. Write the date of the check and the result into the flight file for that job.

Is there a second road besides Subpart D?

Yes: 14 CFR 107.205 lists the sections a certificate of waiver can reach, and 107.39 — operation over people — is on that list at paragraph (g), which makes a waiver a second road to flying over people alongside the categories.Verbatim¶

Most of the industry conversation runs into the categories and stops there. The waiver road stays open for an operation that a category cannot carry, and it is worth naming out loud in a planning meeting.Our reading¶

14 CFR 107.200 sets the terms. The word is "may": the Administrator issues the certificate on a finding that the proposed operation can safely be conducted under the terms of that certificate. Paragraph (b) says what the request has to contain — a complete description of the proposed operation and a justification that establishes it can safely be conducted under those terms. That is a desk exercise with a safety case behind it, and it is discretionary.Verbatim¶

The list itself is closed, and knowing it backwards is more useful than knowing it forwards. 14 CFR 107.205 reaches ten sections: 107.25, 107.29(a)(2) and (b), 107.31, 107.33, 107.35, 107.37(a), 107.39, 107.41, 107.51 and 107.145. Read that last one twice: 107.145 sits inside Subpart D, so one Subpart D section is reachable, at 107.205(j).Verbatim¶

Everything absent from those ten paragraphs stands as written. That is where the four category sections and the declaration-of-compliance machinery sit, along with 107.36, 107.43, 107.45 and 107.49.Our reading¶

Two of the waivable sections carry a ceiling written into the list itself. 107.205(c) says a waiver of the visual line of sight rule will not be issued to allow the carriage of property of another by aircraft for compensation or hire, and 107.205(a) carries the identical sentence for the moving-vehicle rule. That answers the delivery question with a citation instead of an opinion.Verbatim¶

(a) The Administrator may issue a certificate of waiver authorizing a deviation from any regulation specified in § 107.205 if the Administrator finds that a proposed small UAS operation can safely be conducted under the terms of that certificate of waiver.

(b) A request for a certificate of waiver must contain a complete description of the proposed operation and justification that establishes that the operation can safely be conducted under the terms of a certificate of waiver.

A certificate of waiver issued pursuant to § 107.200 may authorize a deviation from the following regulations of this part: (a) Section 107.25—Operation from a moving vehicle or aircraft. However, no waiver of this provision will be issued to allow the carriage of property of another by aircraft for compensation or hire. (b) Section 107.29(a)(2) and (b)—Anti-collision light required for operations at night and during periods of civil twilight. (c) Section 107.31—Visual line of sight aircraft operation. However, no waiver of this provision will be issued to allow the carriage of property of another by aircraft for compensation or hire. (d) Section 107.33—Visual observer. (e) Section 107.35—Operation of multiple small unmanned aircraft systems. (f) Section 107.37(a)—Yielding the right of way. (g) Section 107.39—Operation over people. (h) Section 107.41—Operation in certain airspace. (i) Section 107.51—Operating limitations for small unmanned aircraft. (j) Section 107.145—Operations over moving vehicles.

What does a night flight require?

Two things at once under 14 CFR 107.29(a): the remote pilot in command has completed an initial knowledge test or training under § 107.65 after April 6, 2021, and the aircraft has lighted anti-collision lighting visible for at least 3 statute miles with a flash rate sufficient to avoid a collision.Verbatim¶

The hinge is the date in the rule, not the date on the card. A pilot whose knowledge test predates April 6, 2021 meets paragraph (a)(1) by completing the training after that date.Our reading¶

The lighting is a purchase and a preflight item. The rule states the performance: visible for at least 3 statute miles, at a flash rate sufficient to avoid a collision. Our reading is that the requirement also reaches the civil twilight windows under 107.29(b), which 107.29(c) defines outside Alaska as the 30 minutes before official sunrise and the 30 minutes after official sunset — where the light is required even though the period is not night.Our reading¶

The rule writes in one allowance, and it writes the limit on it in the same breath: the remote pilot in command may reduce the intensity of the anti-collision lighting, but may not extinguish it, on a determination that operating conditions make that in the interest of safety. The sentence appears twice, once for night and once for civil twilight.Verbatim¶

Now the part that catches people who assume a waiver smooths this over. The waiver list reaches 107.29 by paragraph, at 107.205(b), and what it reaches is the anti-collision lighting at (a)(2) and (b). The training requirement at (a)(1) is not on that list and stands on its own.Our reading¶

Night work and work over people stack. A reception after dark is both at once: the category and Remote ID chain for the people, the training and the lighting for the hour.Our reading¶

(a) Except as provided in paragraph (d) of this section, no person may operate a small unmanned aircraft system at night unless— (1) The remote pilot in command of the small unmanned aircraft has completed an initial knowledge test or training, as applicable, under § 107.65 after April 6, 2021; and (2) The small unmanned aircraft has lighted anti-collision lighting visible for at least 3 statute miles that has a flash rate sufficient to avoid a collision. The remote pilot in command may reduce the intensity of, but may not extinguish, the anti-collision lighting if he or she determines that, because of operating conditions, it would be in the interest of safety to do so.

(b) No person may operate a small unmanned aircraft system during periods of civil twilight unless the small unmanned aircraft has lighted anti-collision lighting visible for at least 3 statute miles that has a flash rate sufficient to avoid a collision. The remote pilot in command may reduce the intensity of, but may not extinguish, the anti-collision lighting if he or she determines that, because of operating conditions, it would be in the interest of safety to do so. (c) For purposes of paragraph (b) of this section, civil twilight refers to the following: (1) Except for Alaska, a period of time that begins 30 minutes before official sunrise and ends at official sunrise; (2) Except for Alaska, a period of time that begins at official sunset and ends 30 minutes after official sunset; and (3) In Alaska, the period of civil twilight as defined in the Air Almanac.

What else has to be true while the aircraft is over people?

Subpart B runs the entire time, and five of its sections shape any flight over people: 107.31 keeps the aircraft in unaided sight, 107.33 governs a visual observer, 107.35 holds one person to one aircraft, 107.37 gives way to everything else in the air, and 107.25 governs operating from a moving vehicle. One Subpart D section belongs alongside them: 107.145, for people inside moving vehicles.Our reading¶

107.31 sets the whole test in one clause: vision unaided by any device other than corrective lenses. The camera feed, an FPV headset, binoculars and zoom all sit outside that clause. Where the terrain rises or the vegetation is tall, this rule limits range before the battery does.Verbatim¶

107.33 makes the visual observer optional and then binds the crew to its terms once one is used: effective communication at all times, the remote pilot in command ensuring the observer can see the aircraft in the manner § 107.31 specifies, and the crew coordinating to scan the airspace and to keep track of where the aircraft is. "Effective communication with each other at all times" is the operative phrase, and in the field it means radios. The section that lets a second person carry that duty is 107.31(b), which allows the ability described in 107.31(a) to be exercised by a visual observer.Verbatim¶

107.35 is one person, one aircraft, in every seat: flight controls, remote pilot in command, and visual observer. Capacity per day scales with people rather than with airframes. The waiver list reaches this section at 107.205(e), which is the road to operating more than one aircraft at a time.Our reading¶

107.37(a) is a decision made in the moment. Yield to all aircraft, airborne vehicles, and launch and reentry vehicles, and yielding means giving way rather than holding a line. Only paragraph (a) appears on the waiver list, at 107.205(f); the collision-hazard paragraph stands.Our reading¶

107.145 handles people inside moving vehicles as its own case, with two conditions stacked. Paragraph (a) requires a category. Paragraph (b) adds a second condition for Categories 1 through 3: throughout the operation the aircraft must remain within or over a closed- or restricted-access site with the people inside the vehicles there on notice, or must not maintain sustained flight over moving vehicles. This is the rule that governs documenting an active haul road with trucks running.Verbatim¶

107.25 governs the platform you launch from. From a moving aircraft, the prohibition is flat. From a moving land or water-borne vehicle, the flight is available over a sparsely populated area with no carriage of another person's property for compensation or hire. "Sparsely populated area" is one more phrase that carries a prohibition in the quoted text without a definition beside it, so it is another call to record before takeoff.Verbatim¶

(a) With vision that is unaided by any device other than corrective lenses, the remote pilot in command, the visual observer (if one is used), and the person manipulating the flight control of the small unmanned aircraft system must be able to see the unmanned aircraft throughout the entire flight in order to: (1) Know the unmanned aircraft's location; (2) Determine the unmanned aircraft's attitude, altitude, and direction of flight; (3) Observe the airspace for other air traffic or hazards; and (4) Determine that the unmanned aircraft does not endanger the life or property of another.

(b) Throughout the entire flight of the small unmanned aircraft, the ability described in paragraph (a) of this section must be exercised by either: (1) The remote pilot in command and the person manipulating the flight controls of the small unmanned aircraft system; or (2) A visual observer.

If a visual observer is used during the aircraft operation, all of the following requirements must be met: (a) The remote pilot in command, the person manipulating the flight controls of the small unmanned aircraft system, and the visual observer must maintain effective communication with each other at all times. (b) The remote pilot in command must ensure that the visual observer is able to see the unmanned aircraft in the manner specified in § 107.31. (c) The remote pilot in command, the person manipulating the flight controls of the small unmanned aircraft system, and the visual observer must coordinate to do the following: (1) Scan the airspace where the small unmanned aircraft is operating for any potential collision hazard; and (2) Maintain awareness of the position of the small unmanned aircraft through direct visual observation.

A person may not manipulate flight controls or act as a remote pilot in command or visual observer in the operation of more than one unmanned aircraft at the same time.

(a) Each small unmanned aircraft must yield the right of way to all aircraft, airborne vehicles, and launch and reentry vehicles. Yielding the right of way means that the small unmanned aircraft must give way to the aircraft or vehicle and may not pass over, under, or ahead of it unless well clear.

No person may operate a small unmanned aircraft over a human being located inside a moving vehicle unless the following conditions are met: (a) The operation occurs in accordance with § 107.110 for Category 1 operations; § 107.115 for Category 2 operations; § 107.125 for Category 3 operations; or § 107.140 for Category 4 operations. (b) For an operation under Category 1, Category 2, or Category 3, the small unmanned aircraft, throughout the operation— (1) Must remain within or over a closed- or restricted-access site, and all human beings located inside a moving vehicle within the closed- or restricted-access site must be on notice that a small unmanned aircraft may fly over them; or (2) Must not maintain sustained flight over moving vehicles.

No person may operate a small unmanned aircraft system— (a) From a moving aircraft; or (b) From a moving land or water-borne vehicle unless the small unmanned aircraft is flown over a sparsely populated area and is not transporting another person's property for compensation or hire.

What most people have wrong

Each of these is a thing said confidently in public that the rule does not support. The section number settles it.

1. Subpart D ends at the moving-vehicle rule, 107.145.It runs from 107.100 to 107.165. Four sections sit past 107.145, and one of them is the declaration of compliance at 107.160, which can ground an aircraft from one day to the next.14 CFR 107.100 through 107.165, and 107.160(d)(1)
2. The categories are the only way to fly over people.107.39 sits on the list of sections a certificate of waiver can reach, at paragraph (g). The waiver is a second road, and it exists precisely for operations no category carries.14 CFR 107.205(g), 107.200
3. Nearly everything in Part 107 can be waived if the safety case is good.The list at 107.205 is closed and names ten sections. One of them, 107.145 on operations over moving vehicles, sits inside Subpart D and is reachable at 107.205(j); the four category sections are not on the list and stand as written, and so do the preflight rule and the rules on hazardous material, airports and prohibited or restricted areas.14 CFR 107.205, 107.205(j)
4. A night waiver covers the night training too.The waiver list reaches 107.29 by paragraph: 107.205(b) names 107.29(a)(2) and (b), which is the anti-collision lighting. The knowledge test or training under 107.65 completed after April 6, 2021 sits outside the list.14 CFR 107.205(b), 107.29(a)(1)
5. Category 3 is the stricter category because it is the higher number.Category 3 carries the higher injury reference — 25 foot-pounds against Category 2's 11 — and pays for it with narrower places to fly. Our reading of the closing paragraphs of both sections, which set the declaration applicant's duty to maintain a product support and notification process, is that they measure Category 2 against a low probability of casualty and Category 3 against a low probability of fatality, the more permissive of the two standards.14 CFR 107.120(a)(1), 107.130(a)(1)
6. An aircraft either qualifies from the factory or it never will.107.120(a) reads "designed, produced, or modified". Modification is a listed route to Category 2 eligibility, which is what makes a third-party add-on capable of qualifying an airframe that misses the limit as it ships. The same three verbs appear in 107.130(a).14 CFR 107.120(a)
7. The declaration of compliance is settled at purchase.107.160(d)(1) puts the prohibition on the operator for as long as a declaration stands rescinded, and the declaration belongs to the manufacturer. That makes the FAA list a check to run before every job over people, with the date recorded.14 CFR 107.160(d)(1)
8. A rescission headline about a product line settles the question for every aircraft in that line.A rescission notice names models. Read the document text and match the model and configuration in front of you; a family of declarations can lose one airframe and keep the others. Our reading of 107.160(d)(1) is that the prohibition follows the aircraft identified on the rescinded declaration, not the brand.14 CFR 107.160(d)(1)
9. Category 1 is a size class you can reach by taking gear off before the flight.The 0.55-pound ceiling applies on takeoff and throughout the duration of each operation, counting everything that is on board or otherwise attached. A mount, a payload or an add-on counts toward it for the whole flight.14 CFR 107.110(a)(1)
10. The category label is paperwork, and paperwork can be produced later.107.115(a)(3) makes the label one of three conditions that run together, and 107.135 puts the duty to replace a damaged, destroyed or missing label on the remote pilot in command — in English, legible, prominent, and lasting for the duration of the operation — before conducting operations over human beings.14 CFR 107.115(a)(3), 107.135
11. "Sustained flight" and "open-air assembly" have numbers behind them somewhere.Both phrases carry prohibitions in the rule text and appear there with no definition attached — § 107.3, the definitions section for the whole part, does not define any of them — and so do "closed- or restricted-access site" in 107.125(c) and "sparsely populated area" in 107.25(b). The four phrases that decide the hard cases are the four the rule leaves open, which makes the written call in the flight plan the record that matters.14 CFR 107.115(b), 107.125(c), 107.25(b), 107.3

Where this goes next

• Do I need FAA permission to fly over my Puerto Rico job site?Permission to fly over people rides on top of permission to be in that airspace at all. The grid value, the LAANC clock and the surface areas around the island's airports decide whether the flight happens before any of this page applies.
• What makes an aerial photo hold up when someone challenges it?Every check on this page produces a record, and the federal rule on documents kept, made, or used to show compliance reaches an omission as well as an alteration.
• Can I legally fly a drone over my job site in Puerto Rico?Federal permission to fly over a person is one half of the question. Recording people and private property in Puerto Rico is governed separately, by local law, with its own criminal and civil exposure.
• Can I fly a drone over protected land in Puerto Rico?An event or a work site near protected land brings a second rulebook alongside this one, written around how the animal reacts rather than around an altitude on the telemetry.

Written by a FAA Part 107 Certified Remote Pilot in western Puerto Rico, and verified on 6 September 2026. Something out of date or wrong on this page? Write and say so — corrections are read and dated.