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Can You Fly a Drone Over a Highway?
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While you love taking nature shots with your drone, your favorite type of footage is overhead aerial shots of moving traffic. The best way to get those kinds of shots is on the highway.
Are you allowed to fly your drone over a highway or could get you in trouble?
You are prohibited from flying a drone over a highway with moving vehicles according to Federal Aviation Administration regulations. If you’re in a restricted-access or closed-access site and the people inside the vehicle are aware that you’re using your drone, then flight is permitted.
In today’s article, we’ll unpack the FAA’s rules about flying a drone over a highway. Before you launch your drone anywhere close to the roadway, make sure you keep reading!
The FAA’s rules about flying a drone over a highway #
The Federal Aviation Administration sets rules and guidelines about flight, and it’s your job to follow them.
Keeping that in mind, what does the FAA say about operating a drone above a busy highway? Quite a lot, as it turns out!
The FAA has not one, not two, but three guidelines about this kind of drone behavior. Let’s take a closer look at all the rules so you can be 100 percent clear on them.
Operations over people general overview #
The first of these rules is called Operations Over People or The Operation of Unmanned Aircraft Systems Over People final rule in full. The rule went into effect in 2021 and is still being actively enforced.
Here is what the FAA says in its Operations Over People rule.
“The remote pilot needs to take into account the small unmanned aircraft’s course, speed, and trajectory, including the possibility of catastrophic failure, to determine if the small unmanned aircraft would go over or strike a person not directly involved in the fight operation (non-participant).
In addition, the remote pilot must take steps using a safety risk-based approach to ensure that:
- The small unmanned aircraft does not operate over non-participants who are not under a covered structure or in a stationary covered vehicle;
- The small unmanned aircraft will pose no undue hazard to other aircraft, people, or property in the event of a loss of control of the aircraft for any reason (§ 107.19); and
- The small UAS is not operated in a careless or reckless manner so as to endanger the life or property of another (§ 107.23).”
If you cannot ensure that you can meet the above requirements, then the FAA insists that a pilot not launch their drone.
Some operations over people are allowed, notes the FAA, as follows:
- “Category 1 small unmanned aircraft are permitted to operate over people, provided the small unmanned aircraft:
- Weigh 0.55 pounds or less, including everything that is on board or otherwise attached to the aircraft at the time of takeoff and throughout the duration of each operation.
- Contain no exposed rotating parts that would cause lacerations.
In addition, for Category 1 operations, no remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies unless the operation is compliant with Remote ID.”
For those operations classified as Category 2, Category 3, or Category 4, here are the FAA’s rules in full.
- “Category 2 and Category 3 provide performance-based eligibility and operating requirements when conducting operations over people using unmanned aircraft that weigh more than .55 pounds but do not have an airworthiness certificate under part 21.
- In addition, for Category 2 operations, no remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies unless the operation is compliant with Remote ID.
- Category 3 small UAS have further operating restrictions. A remote pilot in command may not operate a small unmanned aircraft over open-air assemblies of human beings. Additionally, a remote pilot in command may only operate a small unmanned aircraft over people if:
- The operation is within or over a closed- or restricted-access site and all people on site are on notice that a small UAS may fly over them; or
- The small unmanned aircraft does not maintain sustained flight over any person unless that person is participating directly in the operation or located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft.
- Category 4 operations is an addition from the NPRM. This category allows small unmanned aircraft issued an airworthiness certificate under part 21 to operate over people, so long as the operating limitations specified in the approved Flight Manual or as otherwise specified by the Administrator, do not prohibit operations over people.Additionally, no remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies unless the operation is compliant with Remote ID. To preserve the continued airworthiness of the small unmanned aircraft and continue to meet a level of reliability that the FAA finds acceptable for operating over people in accordance with Category 4, additional requirements apply.”
Section 107.25 #
In the FAA’s Part 107 – Small Unmanned Aircraft System Regulations, Section 107.25 Operation from a moving vehicle or aircraft., the rules state as follows.
“No person may operate a small unmanned aircraft system –
- From a moving aircraft; or
- From a moving land or water-borne vehicle unless the small unmanned aircraft is flown over a sparsely populated area and is not transporting another person’s property for compensation or hire.”
Section 107.39 #
In that same document is §107.39 Operation over human beings.
According to this section, the rules are:
“No person may operate a small unmanned aircraft over a human being unless –
- That human being is directly participating in the operation of the small unmanned aircraft;
- 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
- The operation meets the requirements of at least one of the operational categories specified in subpart D of this part.”
Subpart D, by the way, is Operations Over Human Beings.
What are the risks of drone highway flights? #
You know what the FAA says about drones flying on the highway, but it’s not like you’d be sharing space with other vehicles on the road. You’d be above them. What’s the harm in that?
Plenty!
Driving distractions #
There are many things that the average motorist expects to see on a major highway, such as roadkill, traffic, and even pile-ups. Drones are not one of them.
If a motorist is going about their way driving to or from work (or anywhere, really), and they spot a drone out of the corner of their eye or in their side or rearview mirrors, this is going to throw them from a loop.
Suddenly, the motorist is not concentrating on driving anymore, but on trying to ascertain why there’s a drone flying in the vicinity.
It’s no different than a driver fiddling with the radio dial, having a backseat conversation, or trying to text while driving.
Their focus is not fully on what’s in front of them, so they may not be able to stop soon enough, swerve out of the way, or otherwise maneuver their vehicle in a safe fashion.
What results is usually that driver rear-ending the car or truck in front of them or causing another type of car crash.
If the driver behind them was equally as bewildered about the presence of the drone, then several cars can get involved in the accident.
Another scenario is that someone could see a drone on the highway and panic. Not everyone trusts UAVs, and whether their personal beliefs about drones are valid or not, a driver could try a risky maneuver to get away from the drone.
This too will almost assuredly lead to accidents.
All this is because your drone was present on the highway, even if it was only for a couple of minutes!
Accidents from drone crashes #
You might be a seasoned and polished pilot, but you have no idea what flying over a highway with your drone is like until you’re actually doing it.
Your drone could fly out of range fast, which means you’re no longer in control.
If not that, then a suddenly speeding car can make you nervous and cause your drone to crash.
When your drone makes a nasty landing, then what?
Well, some speeding vehicles might not notice and could drive right into your drone. Other motorists though will see the debris.
Now they have to stop on the highway, which is not advisable, and navigate around your drone so they don’t end up with a punctured tire.
The reduced speed and unpredictable movements of the other motorists can once again put people at the risk of crashing into one another on the highway due to your drone.
Are there any workarounds to flying your drone on a highway? #
While we don’t encourage actively seeking loopholes, there are a few options for you to potentially capture some highway footage from your drone for your latest project.
Here’s what you can try.
Fly during low-traffic periods #
Remember, your drone is technically allowed to fly on a highway, but it cannot fly over moving vehicles.
If you can find a time when your nearby highway isn’t flooded with cars, then technically, you could quickly capture the footage you need.
Of course, this might not be exactly the type of footage you were hoping for, but isn’t some footage better than none? We’d say so!
Get permission from other drivers #
As you’ll recall, if someone is directly participating in your drone project, i.e., they’re aware of your drone and what you’re using it for, then you can film or take photos.
The vehicle still can’t be in motion!
Conclusion #
Flying a drone over moving vehicles on a highway is prohibited per FAA rules. This is for the longevity of your drone as well as the safety of other motorists, so it’s a rule we highly recommend you follow!