Part 107, explained · Last reviewed October 25, 2026 against the eCFR and faa.gov. UAV Campus is not affiliated with the FAA.
Who has the right of way, a drone or a manned aircraft?
The manned aircraft. A small unmanned aircraft must yield the right of way to all aircraft, airborne vehicles, and launch and reentry vehicles: it must give way and may not pass over, under or ahead of them unless well clear. You also may not fly so close to another aircraft as to create a collision hazard.
Source: 14 CFR 107.37
What the regulation says
§ 107.37 Operation near aircraft; right-of-way rules.
(a) Each small unmanned aircraft must yield the right of way to all aircraft, airborne vehicles, and launch and reentry vehicles. Yielding the right of way means that the small unmanned aircraft must give way to the aircraft or vehicle and may not pass over, under, or ahead of it unless well clear.
(b) No person may operate a small unmanned aircraft so close to another aircraft as to create a collision hazard.
§ 107.39 Operation over human beings.
No person may operate a small unmanned aircraft over a human being unless—
(a) That human being is directly participating in the operation of the small unmanned aircraft;
Read all of § 107.39
(b) That human being is located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft; or
(c) The operation meets the requirements of at least one of the operational categories specified in subpart D of this part.
[Amdt. 107-8, 86 FR 4382, Jan. 15, 2021]
Sources: 14 CFR 107.37 (eCFR, current as of 2026-10-21) · 14 CFR 107.39 (eCFR, current as of 2026-10-21)
Exam traps
- Yielding means more than avoiding a collision: no passing over, under or ahead of the other aircraft unless well clear.
- Over people, 107.39 protects a person under a covered structure or inside a stationary vehicle. A moving vehicle is a different rule (107.145).
- People directly participating in the operation are not the 'human beings' the rule protects; bystanders are.
Try it: practice questions
Similar to the FAA test, not the actual test questions.
Practice question 1
What is the key operating difference between Category 2 and Category 3 operations over people?
- A Category 2 requires a Part 21 airworthiness certificate while Category 3 needs only a label.
- B Category 3 may fly over people only within a closed- or restricted-access site with everyone on notice, or without sustained flight over non-participants; Category 2 has no such site or sustained-flight limit.
- C Category 3 aircraft may weigh up to 55 lb while Category 2 must weigh 0.55 lb or less.
Show the answer
Answer: B. Category 3 may fly over people only within a closed- or restricted-access site with everyone on notice, or without sustained flight over non-participants; Category 2 has no such site or sustained-flight limit.14 CFR 107.125(c) limits Category 3 to closed/restricted-access sites with everyone on notice, or no sustained flight over people who are not participating or protected. Category 2 (107.115) has no such limit. Neither may fly sustained over open-air assemblies without Remote ID, and Category 3 never may (107.125(b)).
FAA sources: 14 CFR 107.115 · 14 CFR 107.125 · AC 107-2A 8.3.6.6-8.3.6.7
Practice question 2
According to AC 107-2A, which of the following is "sustained flight" over a person for Category 3 purposes?
- A A single brief pass over a person while transiting to the work area.
- B Flying parallel to a sidewalk, never directly above anyone.
- C Hovering above a non-participant's head.
Show the answer
Answer: C. Hovering above a non-participant's head.AC 107-2A 8.3.6.7: sustained flight includes hovering above any person's head, flying back and forth over a person, or circling above an uninvolved person so that the aircraft stays above part of that person. Brief, momentary exposure is allowed.
FAA source: AC 107-2A 8.3.6.7 No Sustained Flight Over People
Can you fly a drone over people?
Only over people directly participating in the operation, people under a covered structure or inside a stationary vehicle that can provide reasonable protection, or when the operation meets one of the operations-over-people categories in subpart D of Part 107.
Source: 14 CFR 107.39