What is Section 107.39 (operations over people)?
14 CFR § 107.39 prohibits flying drones over uninvolved people or moving vehicles unless the operation falls into one of four FAA categories. The 2021 update created a path for routine over-people flight with categorized drones.
Pre-2021, flying over uninvolved people required a § 107.39 waiver. The 2021 update created four categories of drone:
• Category 1: Drones under 0.55 lb (250 g) with no exposed rotating parts — can operate over people without restriction. • Category 2: Drones that don't cause injury equivalent to 11 ft-lb of kinetic energy on impact, no exposed rotating parts — manufacturer must declare. Can operate over people. • Category 3: Drones that don't cause injury equivalent to 25 ft-lb of kinetic energy — same declaration. Can operate over people in defined operational areas only. • Category 4: Drones with airworthiness certificates — can operate over people per certificate terms.
Drones not in an approved category may not operate over uninvolved people unless covered by a waiver. 'Uninvolved' means people not directly participating in the drone operation.
What this means for pilots
Sub-250g drones (DJI Mini line, HoverAir X1) are typically Category 1 — over-people operation is permitted. Larger drones (Mavic, Air, Phantom) may be Category 2 or 3 with manufacturer declaration. Verify your drone's category before any flight where uninvolved people may be present.
FAQ
Is the DJI Mini 4 Pro Category 1?
It meets Category 1 criteria (sub-250g, no exposed rotating parts) but the manufacturer declaration matters. Verify with DJI's documentation for your model and firmware.
Can I fly over a wedding under § 107.39?
Only if your drone meets a category and the wedding guests are 'uninvolved' (most are). Over a private event you've been hired for, guests may be considered involved. Get explicit consent.
What about the Section 107.145 over-moving-vehicles rule?
Same categories apply for moving vehicles. Most drone pilots avoid moving vehicles entirely unless operating in a closed environment.
Related terms
FAA regulations change. Verify current rules at faa.gov/uas before relying on this article for flight planning. Altoa is not the FAA.