Key Considerations for Flying Over People

Fieldwork Foundations

When flying a small unmanned aircraft system (sUAS), you must understand the FAA’s rules for operating around bystanders, large gatherings, and transit vs. hovering flight types. This lesson breaks down the differences by scenario, drone category, and permission level.

We’ll focus on:

• Flight Over Bystanders
• Flight Over Open-Air Assemblies
• Transit vs. Sustained Flight Over People

Revisiting Definitinos

Key Terms

Defining Bystanders

• Bystanders are people not directly participating in the drone operation and who are not protected (i.e., not under cover or inside a vehicle).
• An example of this is people in a public park or sidewalk during a drone flight.

Defining Open-Air Assemblies

• An Open-Air Assembly is an outdoor gathering of people not covered by structures—like a festival, concert, or sporting event.
• These are high-risk zones for sUAS operations and subject to strict limitations due to potential harm in the event of malfunction.

Transit vs. Sustained Flight

• Transit Flight = The drone flies over people as it moves from point A to point B. The sUAS is actively navigating between points.
• Sustained Flight = The drone hovers or loiters above people in one place. The sUAS remains stationary.

The FAA makes a distinction here because sustained flight increases risk and requires higher safety thresholds.

Below is a breakdown of what’s permitted for each sUAS Category when flying over bystanders and open-air assemblies.

Category 1: Low-Risk, Lightweight (<0.55 lbs)

Self-Certified

✅ Flight Over Bystanders

• Transit: Allowed
• Sustained: Allowed

✅ Flight Over Open-Air Assembly

• Transit & Sustained:
• Allowed
• Requirements: Must be Remote ID compliant

Example: DJI Mini 4 Pro (weighs under 0.55 lbs)

Category 2: Medium Weight (0.55 – 55 lbs)

MOC & DOC Certified

✅ Flight Over Bystanders

• Transit: Allowed
• Sustained: Allowed

✅ Flight Over Open-Air Assembly

• Transit & Sustained:
• Allowed
• Requirements:
• Remote ID
• Declaration of Compliance (DOC)
• Means of Compliance (MOC)

📌 Example: Mid-range mapping or agricultural drone

Category 3: Controlled-Access, Higher-Risk Operations

MOC & DOC Certified

🚫 Flight Over Open-Air Assembly

• Not permitted—even for transit flight—without an FAA waiver.
• These events pose significant risk due to high density crowds and the potential for serious injury in the event of a malfunction.

🚫 Flight Over Bystanders

• The area is restricted-access with clear barriers and signs.
• All participants are either
• Directly involved in the operation
• Under protected surfaces
• Inside a stationary (non-moving) vehicle

Restricted areas must include clear visual signage or physical barriers to prevent unaware bystanders from entering the flight zone.

Category 4: Large-Scale, Certified Under Part 21

DOC & MOC Required

• Operations over people are only allowed if the drone is FAA Type Certified under Part 21 (just like crewed aircraft) and operated in accordance with its Flight Manual limitations.
• Flight Over People: Case-by-case basis with strict manufacturer guidance

Example: Long-range commercial transport drone

Let’s take a look at different flight over people scenarios, and what is allowed and required based on the type of sUAS

Category 1: Low-Risk sUAS

Category 2: Midweight sUAS (0.55 – 55 lbs)

Category 3: Higher-Risk Operations