The Core Prohibition: Part 107.39
FAA Part 107 Section 107.39 is the baseline rule: no person may operate a small unmanned aircraft over a human being unless that person is directly participating in the operation, or is under a covered structure or inside a stationary vehicle that provides reasonable protection from a falling drone.
"Directly participating" means the remote pilot in command (PIC), a visual observer, or a backup PIC. It does not include bystanders who give verbal consent. A spectator who says "I don't mind" does not qualify.
The Four Categories for Operations Over People
The FAA's Operations Over People Final Rule (effective April 21, 2021) created four risk-based categories as structured pathways to fly over people instead of requiring individual waivers:
| Category | Max Weight | Key Requirements | Open-Air Assemblies |
|---|---|---|---|
| Category 1 | Under 0.55 lbs (249g) | No exposed rotating parts that lacerate skin; Remote ID for sustained flight over assemblies | Allowed with Remote ID |
| Category 2 | Over 0.55 lbs | FAA-accepted Means of Compliance (MOC); Declaration of Compliance (DOC); max 11 ft-lbs impact energy | Allowed with Remote ID |
| Category 3 | Over 0.55 lbs | MOC and DOC required; max 25 ft-lbs impact energy; restricted-access sites only | Prohibited entirely |
| Category 4 | Any | FAA airworthiness certificate under 14 CFR Part 21; operates per Flight Manual | Allowed with Remote ID |
What "Over" Means in FAA Regulations
The FAA defines "over" using a crash-trajectory analysis, not just vertical position. A drone is considered to be operating "over" a person if the drone is directly above them at any point, or if a reasonable crash trajectory (accounting for speed, altitude, and direction) would result in the drone landing on a person rather than in a safe buffer zone. This means a drone flying alongside a crowd at low altitude can still be "over" people if it is close enough that a loss of control would cause it to land on spectators.
What This Means for Recreational Pilots
Recreational pilots face stricter rules than commercial Part 107 holders. The FAA Reauthorization Act of 2018 prohibits recreational flight over groups of people or public events with no Category 1-4 pathway available. Recreational pilots flying over crowds are prohibited regardless of drone weight, with no waiver option. Part 107 pilots have the Category 1 sub-249g route; recreational pilots do not.
State Laws That Go Beyond FAA Rules
FAA rules set the federal floor, but states can add restrictions that apply regardless of your Part 107 status or drone weight. Three states have laws directly relevant to flights over crowds:
- Florida (SB 44, 2023): Prohibits using drones to monitor or photograph law enforcement activity and public gatherings for the purpose of facilitating criminal activity. Criminal penalties stack on top of FAA civil fines.
- Texas (Government Code 423): Restricts drone surveillance over sports venues, correctional facilities, and mass gatherings. The mass gathering definition overlaps with many situations where stadium TFRs also apply.
- California (CIPA and AB 856): California wiretapping law applies to audio recording. AB 856 created a drone-specific privacy tort for low-altitude flights over private property. Filming a crowd where individuals have a reasonable privacy expectation can expose a pilot to civil liability even if the flight is FAA-legal.
State law does not override federal airspace authority. The FAA preempts state regulation of flight altitude and routes. But state laws governing drone footage, hovering location, and photography operate in parallel with FAA rules and carry their own penalties.
