Flying Drones Over People: 2021 New FAA Rule Changes

If flying your drone directly overhead of people has been a sore spot for you, then friend you’re in luck. 

The FAA has recently updated the specifics around commercially operating drones under the Part 107 rules for flights over people, and while it is now legal to fly drones over people (and vehicles too) there are a few caveats (not to mention some math involved) you must be aware of in order to do so legally.

In this article we will [attempt to] answer the question, “Can you fly drones over people?”, as well as provide some insight into navigating the specifics around the various answers to that question. In short...

Yes, you can fly drones over people—as long as you remain in compliance and are broadcasting your Remote ID throughout the entire operation.

Despite that answer ultimately being yes, the FAA has a few stipulations that one must be aware of in order to remain compliant during any operation.

In an effort to accommodate a wide range of aircraft for different use cases, the FAA created various operational categories based on aircraft weight and/or force caused upon impact, keeping operational limitations at a minimum for RPIC’s of most micro and smaller consumer drones. We’ll discuss each of these categories in detail below.

If you’re looking for information on the other new FAA Drone Rules, check out our article: “2021 New FAA Drone Regulations: Summary and Overview”.

CATEGORIES OF FLIGHTS OVER PEOPLE

The following four categories of flights over people classify each in a manner based on either weight, force of impact, airworthiness, or some combination thereof. Let’s look at each flight category in detail.

Category 1 sUAS Operations

For a pilot to comply and fly under the Category 1 rating, the UAV or drone can not weigh more than .55 pounds (249.4758 grams) at the time of takeoff and for the duration of the flight, and this includes any equipment attached to the aircraft such as lights, prop-guards, memory card, etc.). Additionally, the aircraft must not have any exposed rotating parts that could lacerate human skin upon impact and must display the category of operation on the aircraft along with other registration information.

It’s worth noting that the FAA has already announced they will conduct a retrospective on whether to increase the weight limit or do away with the skin-laceration requirement under Category 1, but not categories two or three.

Category 2 sUAS Operations

For Category 2 flights over people, the FAA states that the UAV must be designed and fall within the weight limit requirements so as not to cause greater than 11 foot-pounds of kinetic energy upon impact from a rigid object. As with Category 1, the aircraft must not have any exposed rotating parts that could lacerate human skin upon impact and must display the category of operation on the aircraft with other registration information.

Category 3 sUAS Operations

In the third category, the FAA has considered larger UAVs and states a UAV operating under Category 3 can not produce greater than 25 foot-pounds of kinetic energy upon impact from a rigid object. The aircraft must not have any exposed rotating parts that could lacerate human skin upon impact and must display the category of operation on the aircraft with other registration information, same as the first and second categories.

Additionally, with Category 3, pilots may not operate a UAV over open-air assemblies of people, and must fall into one of two operational scenarios. The first being that the operation is being conducted in a closed or restricted-access site with all individuals at the location on notice and aware of the UAS operation. The second prohibits sustained flight over people unless those people are directly participating in the operation or have sufficient protection from a structure or non-moving vehicle.

Category 4 sUAS Operations

In order to comply with Category 4 operations, a pilot must maintain an “Airworthiness Certificate” for their aircraft from the FAA under Part 21. The rule also states that the UAV be “operated in accordance with the operating limitations specified in the approved Flight Manual or as otherwise specified by the Administrator”, and are subject to additional maintenance requirements.

UNPACKING THE FLIGHT CATEGORIES

Category 1 Considerations

Category 1 flights over people are clearly meant for micro-drones as the weight requirements eliminate most prosumer and consumer level drones on the market today. It’s worth mentioning the DJI Mini or Mini 2 UAVs, as they both fall within the weight limits for this category out of the box. However, upon closer inspection, the addition of lights, prop-guards, and your SD-card comes awfully close to eclipsing the 249.4758-gram threshold.

Image Credit: @moisamihai092

Category 1 flights over people can be performed starting 60-days after the Federal Register publication as long as the UAV has no exposed rotating parts to lacerate skin or the operator has installed devices like propeller guards.

Category 2 & 3 Considerations

The FAA’s increased aircraft weights for categories 1 and 2 will ultimately allow pilots to operate more commercially available aircraft in these scenarios. They have also mandated rules outlining how aircraft manufacturers will need to comply with the kinetic energy upon impact requirements, so pilots can be certain what category to operate under, which will go into effect 9–12 months after the effective date.

Category 4 Considerations

These certificates will not be available for 6–12 months after these rules have taken effect, and we’ll be sure to update this article as the FAA releases more information around cat-4 flights over people.

DEFINITIONS

• FAA: Federal Aviation Administration

• UAV: Unmanned Aerial Vehicle (considered the aircraft only, and not the control unit)

• DJI: Da-Jiang Innovations (Prominent manufacturer of consumer drones)

• UAS/sUAS: Small Unmanned Aircraft System (Aircraft and control unit)

• SD: Secure Digital (Small storage device for images and data used in UAVs)

• RPIC: Remote Pilot In Command

ProAerial Media provides aerial drone services for a multitude of industries and special events like weddings. Subscribe to our YouTube Channel to see our video work, and our Instagram feed to view our photography (@proaerialmedia). If you’re ready to fly, you can always book a flight from the ProAerial Media Website.

Thanks for reading. Take Flight. Take Pics. Get Clicks.

Flying A Drone At Night: 2021 New FAA Rule Overview

So you want to know if you can [legally] fly your drone at night. In the past, without the proper operational waiver (read our article on obtaining a 107.29 waiver here) and risk mitigation strategies the answer was—no. But things have changed as of April 21, 2021 when the FAA’s new drone operation rules went into effect.

There are multiple rules changes that became effective that day, and we prepared a summary of the most significant changes that you can read here: 2021 New FAA Drone Regulations: Summary and Overview.

In this article, we’ll be focusing on the revised rules for operating a UAV at night, and point out some additional safety considerations and risk mitigation strategies for doing so.

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Q: Can you fly a drone at night?

A: Yes, both commercial and recreational pilots may operate UAVs at night, though the rules are different for each.

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Flying over the “Big Bovine of the Desert” during Civil Twilight.

HOW TO LEGALLY FLY DRONES AT NIGHT

Required Training & Testing

In order to take advantage of this new rule change and fly post and pre-civil twilight, all operators must comply with the FAA’s training and testing requirements.

Current Part 107 Certificate holders must complete the new recurrent training and exam via the FAAST website. Pilots without a current Part 107 Certificate are required to complete their initial aeronautical knowledge exam at an FAA-designated Airman Testing Facility first, and then to complete the new night flying training modules from the renewal exam.

Note: the above process is temporary until the FAA updates the primary certification exam to include subject matter related to night operations. Additionally, the real benefit here is for established pilots as the FAA did away with the recurring testing requirement and replaced it with a recurring training requirement.

Anit-Collision Lighting

All night operations will require the aircraft to be equipped with functioning anti-collision lighting visible for at least 3 statute miles. Additionally, the light must have a flash rate sufficient enough to provide collision avoidance and be mounted on the top side of the aircraft so as to be seen from above when in flight. We recommend the Stobe Anti-Collision Drone Light from Lumecube, which you should be able to find for about $40.

Drone Anti-collision Strobe attached to a DJI Mavic Air 2.

Airspace Considerations

Even though it is legal to operate a small unmanned aircraft at night, a Remote Pilot In Command (RPIC) is still required to obtain airspace authorization in controlled airspace.

At the time this article was written, LAANC (Low Altitude Authorization and Notification Capability) only allows for daytime authorizations. This system is expected to be updated to include night operations in the fall of 2021, until then pilots will be required to obtain two separate authorizations to conduct their operation.

1. A Daytime Authorization for the desired airspace

2. A National Authorization, which extends a daytime LAANC authorization to allow nighttime operations for the same date indicated on the daytime LAANC authorization.

Note: If the operation requires you to fly above the ceiling designated in the UAS Facility Maps, you must use the FAA DroneZone for your authorization request.

ADDITIONAL CONSIDERATIONS

Below is a quick checklist of some additional things to consider when operating at night.

1. Plan ahead; survey your flight area during daylight hours for a better understanding of obstacles and potential interference.

2. Limit your operating area; limit your ceiling and area footprint to only what is necessary and safe.

3. Always use at least one VO (visual observer) to assist in maintaining VLOS (visual line of sight).

4. Bring additional lighting (flashlight, etc.).

5. Be aware of the limitations of yourself and your equipment (ND filter off, lights charged, eyesight adjusted, etc.).

Adhering to these new rules will allow remote pilots to provide an additional level of service to their clients by being able to provide low-light/night photography and videography services at a much more economical cost point, by alleviating many of the requirements necessary to fly under the previous 107.29 Waiver. Contact us today for a free quote or to learn more about capturing photographs of your home or Airbnb or VRBO property today.

ProAerial Media provides aerial drone services for a wide array of industries as well as special events like weddings. Subscribe to our YouTube Channel to see our video work, and our Instagram feed to view our photography (@proaerialmedia). If you’re ready to fly, you can always book a flight from the ProAerial Media Website.

Thanks for reading. Take Flight. Take Pics. Get Clicks.