What distinguishes transiting over people from sustained flight over people under Category 3?

The operations over people rules distinguish between an aircraft passing over a person on its way somewhere and an aircraft remaining over them. Category 3 permits transit — a brief, transient passage overhead — but does not permit sustained flight over open-air assemblies or over people who are not directly participating and are not under a covered structure or inside a stationary vehicle. The distinction reflects exposure: a momentary overflight presents a small window in which a failure could injure someone, while loitering above a person extends that window indefinitely. In practice a Category 3 operator satisfies the rule by keeping the aircraft moving on a defined path, restricting the operating area to a site with access controls or briefed participants, and planning routes that cross populated ground rather than dwell over it. Hovering to frame a shot over a bystander is precisely what the rule prohibits, and no observer stationed beneath makes it permissible.

Category 3 permits a brief transient passage overhead but not sustained flight over people who are not participating and are not under a covered structure or in a stationary vehicle.

Operations over people rules define four categories. Category 3 permits transit over people but prohibits sustained flight over open-air assemblies or over non-participating people not under a covered structure or in a stationary vehicle.

Passing Over, Not Staying Over. Category 3 lets you cross; it does not let you loiter.

People under a covered structure or inside a stationary vehicle are treated differently, as are directly participating persons who have been briefed.

• •Reading the distinction as an altitude rule
• •Hovering over bystanders to compose a shot
• •Assuming an observer beneath authorises sustained overflight