Can I Fly Drone Over a Highway? A Handy Guide


Are you planning on flying a drone over a highway?

Before you take off, it’s important to know whether or not it’s legal to do so. The rules and regulations regarding drone flight can vary depending on the location, so it’s important to do your research beforehand.

In this article, I’ll answer the question: can you fly a drone over a highway?

In short, the answer is NO! You cannot fly drones over a highway due to safety and security concerns.

The laws around drone flight can be complex. So, I’ll also let you know about FAA regulations, security concerns, permissions needed, and penalties (if any) so that you’re fully informed.

Can I Fly Drone Over a Highway

FAA Regulations on Flying Drones Over a Highway

Due to the following FAA regulations, you are not allowed to fly drones over a highway:

  1. Operations Over People Rule: The remote pilot must ensure that the drone does not operate over non-participants who are not under a covered structure or in a stationary covered vehicle, does not pose an undue hazard to other aircraft, people, or property, and is not operated carelessly or recklessly.
  2. Category 1, 2, 3, and 4 Operations: These categories define the specific requirements for operating drones over people based on their weight and performance capabilities. Category 1 drones can operate over people if they weigh 0.55 pounds or less, have no exposed rotating parts that could cause lacerations, and are compliant with Remote ID. Category 2 and 3 drones have performance-based eligibility and operating requirements, while Category 4 drones require an airworthiness certificate under part 21 and must follow any specified operating limitations.
  3. Section 107.25: According to the FAA’s Part 107 – Small Unmanned Aircraft System Regulations, a person may not operate a drone from a moving vehicle or aircraft unless the drone is flown over a sparsely populated area and is not transporting another person’s property for compensation or hire.
  4. Section 107.39: This section states that a person may not operate a drone over a human being unless the human being is directly participating in the operation, located under a covered structure or inside a stationary vehicle, or the operation meets the requirements of at least one of the operational categories specified in subpart D, which covers Operations Over Human Beings.


Security Concerns

Flying a drone over a highway comes with its own set of unique security concerns, which are worth considering before launching your drone. Here are some potential security concerns to keep in mind.

Security Concerns for Flying Drones Over a Highway

  1. Accidents: Drones can malfunction or lose control, potentially causing collisions with vehicles on the highway.
  2. Distraction: Drones may distract drivers and lead to accidents, as drivers may focus on the drone instead of the road.
  3. Privacy: Flying a drone over a highway can violate the privacy of drivers and passengers, capturing personal information or recording without consent.
  4. Interference: Drones may interfere with other systems or vehicles, causing disruption in traffic signals or communications.
  5. Legal issues: Flying a drone over a highway may be illegal or restricted in some jurisdictions, leading to penalties for the operator.

Permissions and Permits

Flying a drone over a highway requires adherence to specific rules and regulations set by the aviation authority in your country. In the United States, the Federal Aviation Administration (FAA) oversees drone operations. Drone pilots must obtain a Part 107 certification, which allows them to operate a drone for commercial purposes.

Additionally, they must follow FAA guidelines, such as maintaining a maximum altitude of 400 feet and avoiding flying directly over people or moving vehicles.

It is crucial to check the airspace restrictions in the area you intend to fly, as certain zones may prohibit drone activity. Always prioritize safety and ensure that you have the necessary permissions and permits before flying a drone over a highway.

Penalties for Flying a Drone without Authorization

Yes, you can fly a drone over a highway as long as you follow the Federal Aviation Administration (FAA) regulations and guidelines. The penalties for flying drones without authorization over a highway can include fines, criminal charges, or both, depending on the severity of the violation. Fines can range from $1,000 for a minor violation to over $30,000 for a more serious offense. In addition to fines, unauthorized drone operators may face criminal charges, such as reckless endangerment, if their actions are deemed to pose a significant risk to public safety or property. It is crucial to adhere to FAA guidelines to avoid these penalties and ensure the safe operation of your drone.

Also check:


1. Can I Fly Drones Over a Highway if I am not a Licensed Drone Pilot?

If you are not a licensed drone pilot, flying a drone over a highway is generally not recommended and may even be illegal, depending on the specific regulations in your area. Unlicensed recreational drone pilots are typically required to follow safety guidelines set by the local aviation authority, which may include restrictions on flying over roads, highways, and moving vehicles. It is essential to familiarize yourself with the rules and regulations in your region to ensure safe and responsible drone use.

2. Who can Authorize the Use of Drones Over a Highway?

The authorization for using drones over a highway typically falls under the jurisdiction of the respective country’s aviation authority, such as the Federal Aviation Administration (FAA) in the United States. Permissions are granted based on the existing regulations, which may require the drone operator to obtain specific certifications or waivers. In some cases, local or state authorities may also have their own set of rules governing drone usage over highways. It is crucial to consult and adhere to both national and local regulations to ensure legal and safe drone operations.

3. Can the Police Fly Drones Over a Highway?

Yes, the police can fly drones over a highway, as law enforcement agencies are permitted to use drones for various purposes, including traffic monitoring, accident investigation, and public safety. However, police-operated drones must adhere to specific regulations and guidelines provided by the Federal Aviation Administration (FAA) to ensure safe operation and to protect citizens’ privacy rights.


In conclusion, before flying a drone over a highway, it’s important to familiarize yourself with the appropriate resources and tools. Download the B4UFLY mobile app to easily find safe and legal flying locations.

Drone laws are subject to change, and information in this blog may become outdated; always consult official sources for the latest regulations.

And if you have a related query, kindly feel free to let me know in the comments.

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Peter Karanja is a licensed drone pilot from Kenya, freelance writer and drone enthusiast. He has been using drones for land survey, GIS, and photography for the past three years. Being a drone user, he loves writing about drone applications, safety tips for using drones, and the best ways to get the most out of a drone.

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