Section 107.39 says no one may operate a small drone over a human being unless one of three things is true. The person is directly participating in the flight. The person is under a covered structure or inside a stationary vehicle that gives reasonable protection. Or the operation meets one of the operational categories in subpart D.
The three exceptions in 107.39
First, people who are directly participating in the flight, such as the crew. Second, people under a covered structure or in a stationary vehicle that offers reasonable protection against a falling drone. Third, an operation that meets the requirements of one of the categories in subpart D of Part 107.
The rule was amended by Amendment 107-8, effective January 15, 2021, which is where the category structure comes from.
Moving vehicles are a separate case
Flying over people inside a moving vehicle is handled by 107.145. All operations must follow the rules for their category, which are in sections 107.110 (Category 1), 107.115 (Category 2), 107.125 (Category 3) or 107.140 (Category 4).
For Categories 1 to 3, the aircraft must, throughout the operation, either:
- stay within or over a closed or restricted access site, with everyone in moving vehicles inside that site notified that the aircraft may fly over them, or
- avoid sustained flight over moving vehicles.
For Category 4, the aircraft must hold an airworthiness certificate issued under Part 21, and it must operate within the limits in its approved flight manual or other limits set by the Administrator. Those limits must not prohibit operations over people inside moving vehicles.
What this means on a real job
A film shoot on a closed set can often satisfy the notification route, because the site is closed or restricted and everyone is told. A road inspection beside live traffic cannot. There, the usual plan is to keep the aircraft off the roadway and cross only when needed, because sustained flight over moving vehicles is the thing the rule avoids.
The categories are not interchangeable. This post does not cover what each category demands of the aircraft, so read 107.110 to 107.140 before assuming your drone qualifies.
A planning checklist
- Map the site and mark where people and vehicles will be.
- Decide whether the site is closed or restricted, and who controls access.
- Brief everyone who may be under the flight path, including drivers in a closed site.
- Choose a route that avoids sustained overflight of vehicles.
- Confirm which Part 107 category your aircraft and operation meet, with paperwork.
- Add a hold point if a person or vehicle enters the area.
Waivers
Both 107.39 and 107.145 appear on the list in 107.205 of sections that a certificate of waiver may authorize deviation from. A waiver is a formal approval, so apply before the job, not after.
Quick check
Is a stationary car a covered location?
A person inside a stationary vehicle that offers reasonable protection against a falling drone fits one of the exceptions in 107.39. The protection test is part of the rule, so a convertible with the top down is a poor example.
Do the moving vehicle rules change by category?
Yes. Categories 1 to 3 use the closed site or no sustained flight conditions. Category 4 needs a Part 21 airworthiness certificate and operation within approved limits.
Sources
- 14 CFR 107.39, eCFR: operation over human beings.
- 14 CFR 107.145, eCFR: operations over moving vehicles.
- 14 CFR 107.205, eCFR: waivable sections.
Last reviewed: 19 October 2026.
