UA.I.E.K2: Operations over people at night.

ACS Area I — Regulations Task E: Operations Over People References: 14 CFRCode of Federal RegulationsCloseThe federal rulebook where Part 107, Part 89, Part 48, and other aviation rules live. parts 89 and 107; ACAdvisory CircularCloseFAA guidance that explains acceptable ways to comply with rules or understand FAA procedures. 107-2; FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes.-H-8083-25; FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes.-G-8082-22

Key Concepts

Night Operations Over People: The Regulatory Framework

• Core rule: §107.39 prohibits flight over a person not under safe cover unless the operation complies with one of four categories in part 107 subpart D. Direct participants (remote PICRemote Pilot in CommandCloseThe certificated remote pilot responsible for the Part 107 operation., person manipulating the controls, visual observer, and necessary crewmembers) may be flown over.^[3] At night, the categories and their restrictions do not change—the same over-people framework applies. A remote pilot may operate at night over human beings when both §§ 107.29 and 107.39 are met.^[5]
• Category 1 aircraft are limited to 0.55 pounds (250 grams) or less on takeoff and throughout the operation.^[2] They also must not have exposed rotating parts that would lacerate human skin.^[3] Because weight must remain at or below 0.55 pounds “throughout,” any attachments used at night count toward that limit. For Category 2 or 3 eligibility, manufacturers may need to account for the mass of an anti-collision light when declaring compliance with §§ 107.120(a) or 107.130(a).^[5]

Open-Air Assemblies, Closed/Restricted-Access Sites, and Night

• Open-air assemblies:
  • Category 1 and 2 operations are prohibited from sustained flight over open-air assemblies unless the operation meets § 89.110 or § 89.115(a); this prohibition is subject to waiver.^[1]
  • Category 3 aircraft must not operate over open-air assemblies of human beings.^[1]
  • Category 4 aircraft may conduct operations over human beings if not prohibited by their FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes.-approved Flight Manual or as otherwise specified; however, sustained flight over open-air assemblies is prohibited unless the operation meets § 89.110 or § 89.115(a); this prohibition is subject to waiver.^[1]
• Closed/restricted-access site vs. not: The tables distinguish operations “over or within a closed/restricted access site” from those that are not. Within a closed/restricted access site, persons not directly participating must be “on notice” for Categories 1–3.^[1] Outside such a site, Category 3 operations over people who are not directly participating are limited to “Transit Only, No Sustained Flight.”^[1]
• Night takeaway: These open-air assembly and site-access distinctions remain fully in effect at night; the risk mitigations and category-specific limitations are time-of-day neutral.^[5]

Moving Vehicles at Night

• If the operation is not within or over a closed- or restricted-access site, the small unmanned aircraft must not maintain sustained flight over any moving vehicle.^[2] At night, this limitation still applies.^[5]
• Over or within a closed/restricted-access site:
  • Categories 1–3: Allowed over moving vehicles when directly participating; for persons not directly participating, they must be “on notice.”^[2]
  • Category 4: May conduct operations over human beings and moving vehicles if not prohibited by the FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes.-approved Flight Manual or as otherwise prescribed by the Administrator.^[2]
• Not over/within a closed site:
  • Categories 1–3: Only “Transit Only, No Sustained Flight” over moving vehicles.^[2]
  • Category 4: Subject to operating limitations in the FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes.-approved Flight Manual or as otherwise prescribed.^[2]

Preflight, Documentation, and Operating Instructions

• Remote pilot responsibilities for over-people operations include: determining the correct category for the intended operation and verifying the aircraft is properly labeled and listed on an FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes.-accepted Declaration of Compliance (DOCDeclaration of ComplianceCloseManufacturer compliance document that matters for some Operations Over People categories.). Conduct all recommended preflight actions.^[5]
• Remote pilot operating instructions must be current and clear; they should explain how to configure the aircraft for over-people compliance. Ultimately, the remote PICRemote Pilot in CommandCloseThe certificated remote pilot responsible for the Part 107 operation. is responsible for determining safe operational parameters.^[4]
• Preflight planning should be more robust for over-people operations: consider the location of people over whom the aircraft may fly and weather and other risk factors.^[8] A practical checklist includes reviewing local weather, local airspace and any flight restrictions, identifying locations of persons and property on the surface, and thorough crew briefings on hazards and procedures.^[6]
• Payload/attachments discipline matters for eligibility: for aircraft declared eligible for Category 2 or 3, only listed payloads may be used and they must be securely attached; otherwise, the aircraft becomes ineligible for over-people operations in those categories.^[8]