UA.I.E.K4: Selecting an operational area.

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

Define “People,” Categories, and When Overflight Is Permitted

• Core rule: § 107.39 prohibits flight over a person who is not under safe cover (protective structure or stationary vehicle) unless the operation qualifies under Categories 1–4 in Subpart D. Direct participants (remote PICRemote Pilot in CommandCloseThe certificated remote pilot responsible for the Part 107 operation., person manipulating controls, VOVisual ObserverCloseA person who helps the remote PIC see and avoid hazards during a drone operation., required crewmembers) may be overflown^[3].
• Categories matter when selecting an area:
  • Category 1: Small unmanned aircraft weighing 0.55 pounds (250 grams) or less at takeoff and throughout the operation, with no exposed rotating parts that would lacerate human skin^[3].
  • Categories 2–3: Allowed only with aircraft that meet performance-based injury limitation requirements (manufacturer compliance and labeling drive where you can fly)^[3].
  • Category 4: Requires an airworthiness certificate under part 21 and operations per the FAAFederal Aviation AdministrationCloseThe U.S. aviation regulator responsible for Part 107 rules, airspace, and pilot certification processes.-approved Flight Manual or as otherwise specified by the Administrator^[3].
• Open-air assemblies have special limits: Category 3 aircraft must not operate over open-air assemblies. Categories 1, 2, and 4 are prohibited from sustained flight over open-air assemblies unless the operation meets § 89.110 or § 89.115(a); these prohibitions are subject to waiver^[1].

Practical takeaway: Before you pick a launch site or route, know your aircraft’s eligible category and whether your people are direct participants, protected by safe cover, within a closed site, or part of an open-air assembly. That choice determines what is legal.

Closed/Restricted Sites vs. Public Areas, and “Sustained Flight”

• Within a closed/restricted-access site:
  • Over people not directly participating is permitted in Categories 1–3 if those persons are on notice; Category 4 must follow its operating limitations^[1].
• Not within a closed/restricted-access site:
  • Over people not directly participating: Category 1 and 2 are allowed; Category 3 is “transit only, no sustained flight”; Category 4 follows its operating limitations^[1].
• Over moving vehicles:
  • Inside closed/restricted sites, operations are allowed over directly participating persons and permitted over nonparticipants if they are on notice (Categories 1–3); Category 4 must follow operating limitations^[2].
  • Outside closed/restricted sites, Categories 1–3 may only transit; no sustained flight over moving vehicles. Category 4 may operate if not prohibited by its limitations^[2].
  • If not within or over a closed/restricted-access site, you must not maintain sustained flight over any moving vehicle^[2].

Practical takeaway: If you need to overfly nonparticipants or vehicles for more than brief transit, select a truly closed/restricted site where you can control access and place people “on notice,” or use a Category 4 aircraft permitted by its limitations.

Configuration, Documentation, and Preflight for Over-People Operations

• Remote pilot responsibilities escalate when planning to fly over people:
  • Verify the aircraft is in the correct category for the intended operation and properly labeled/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.)^[5].
  • Use and follow remote pilot operating instructions to configure the aircraft for Category 2 or 3; they must be current and clear for the intended operation^[4].
  • Payload/configuration discipline: For Category 2 or 3, only use payloads and components listed in the remote pilot operating instructions; any allowed payload must be securely attached. Unlisted modifications or payloads can invalidate eligibility to operate over people^[8].
• Night operations: Category permissions do not change at night; operations must comply with §§ 107.29 and 107.39. For Categories 2–3, 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].

Practical takeaway: Your operational area is only as good as your compliance package—category eligibility, labeling/DOCDeclaration of ComplianceCloseManufacturer compliance document that matters for some Operations Over People categories., correct configuration, and adherence to instructions determine whether your chosen area is legal.

Site Assessment Checklist Focused on People and Hazards

When selecting an operational area for over-people operations, build these into your preflight assessment:

• Identify the location of persons and property on the surface, local airspace and any flight restrictions, and other ground hazards^[6].
• Conduct crew briefings on operating conditions, hazards, emergency/contingency procedures, and roles (including VOVisual ObserverCloseA person who helps the remote PIC see and avoid hazards during a drone operation. if used)^[6].
• Verify all manufacturer-required components are present/operational, review remote pilot operating instructions, and ensure required documentation is available for inspection^[6].
• For over-people missions, make the preflight assessment more complex: consider exactly where people are located relative to the intended flight path and how weather or other factors could increase risk^[8].

Practical takeaway: Choose areas where you can control or predict crowd movement, establish closed/restricted access when needed, brief participants, and plan routes that minimize time over nonparticipants or moving vehicles.