Part 107 (The Small Unmanned Aircraft Regulations)

The following paragraphs some of which were taken from the FAA website, summarize the main ruling introduced by Part 107.

Operating Requirements

  • The small UAS operator manipulating the controls of a drone should always avoid manned aircraft and never operate in a careless or reckless manner.
  • You must keep your drone within sight. Alternatively, if you use First Person View or similar technology, you must have a visual observer always keep your aircraft within unaided sight (for example, no binoculars). However, even if you use a visual observer, you must still keep your unmanned aircraft close enough to be able to see it if something unexpected happens.
  • Neither you nor a visual observer can be responsible for more than one unmanned aircraft operation at a time.
  • You can fly during daylight or in twilight (30 minutes before official sunrise to 30 minutes after official sunset, local time) with appropriate anti-collision lighting. Note: That rule was changed effective April 21, 2021 where operating over people and night operations were permitted without a waiver for Part 107 pilots. Here is the latest rules:

"No person may operate a small unmanned aircraft system during periods of civil twilight unless the small unmanned aircraft has lighted anti-collision lighting visible for at least 3 statute miles that has a flash rate sufficient to avoid a collision. The remote pilot in command may reduce the intensity of, but may not extinguish, the anti-collision lighting if he or she determines that, because of operating conditions, it would be in the interest of safety to do so.

  • Minimum weather visibility is three miles from your control station.
  • The maximum allowable altitude is 400 feet above the ground, and higher if your drone remains within 400 feet of a structure.
  • The maximum speed is 100 mph (87 knots).
  • You can’t fly a small UAS over anyone who is not directly participating in the operation, not under a covered structure, or not inside a covered stationary vehicle. Note: That rule was changed effective April 21, 2021 where operating over people and night operations were permitted without a waiver for Part 107 pilots. The latest rules as of April 21, 2021:

"a remote pilot in command may conduct operations over human beings only in accordance with the following:

(a) That human being is directly participating in the operation of the small unmanned aircraft;

(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 § 107.110 for Category 1 operations; §§ 107.115 and 107.120 for Category 2 operations; §§ 107.125 and 107.130 for Category 3 operations; or § 107.140 for Category 4 operations."

UAS must fall under one of the four categories 1, 2, 3, and 4 to take advantage of this ruling

  • No operations from a moving vehicle are allowed unless you are flying over a sparsely populated area.

"No person may operate a small unmanned aircraft system:

(a) From a moving aircraft; or

(b) 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"

  • Operations in Class G airspace are allowed without air traffic control permission.
  • Operations in Class B, C, D and E airspace need ATC approval. See Chapter 14 in the Pilot's Handbook (PDF).
  • You can carry an external load if it is securely attached and does not adversely affect the flight characteristics or controllability of the aircraft. You also may transport property for compensation or hire within state boundaries provided the drone – including its attached systems, payload and cargo – weighs less than 55 pounds total and you obey the other flight rules. (Some exceptions apply to Hawaii and the District of Columbia. These are spelled out in Part 107.). Here, one needs to be pay attention to the rule "No carriage of hazardous materials" which put a restriction on what you can carry as you can not carry anything.
  • You can request a waiver of most operational restrictions if you can show that your proposed operation can be conducted safely under a waiver. The FAA will make an online portal available to apply for such waivers. Users can apply for a waiver at the FAA dedicated web page.

In addition, Part107 gives entities who already have 333 Exemptions the option to continue operating under the terms of their exemptions or move to Part 107. 333 Exemption usually is granted for a two-year time period, which means most operators will eventually shift to operating under 107 after their exemptions expire. Most likely no one in the future will need 333 exemption as they’ll be able to do everything they want under part 107.

Pilot Certification

To operate the controls of a small UAS under Part 107, you need a remote pilot airman certificate with a small UAS rating, or be under the direct supervision of a person who holds such a certificate.

You must be at least 16 years old to qualify for a remote pilot certificate, and you can obtain it in one of two ways:

  • you may pass an initial aeronautical knowledge test at an FAA-approved knowledge testing center;
  • if you already have a Part 61 pilot certificate, other than a student pilot certificate, you must have completed a flight review in the previous 24 months and you must take a small UAS online training course provided by the FAA.

If you have a non-student pilot Part 61 certificate, you will immediately receive a temporary remote pilot certificate when you apply for a permanent certificate. Other applicants will obtain a temporary remote pilot certificate upon successful completion of a security background check. We anticipate we will be able to issue temporary certificates within 10 business days after receiving a completed application.

UAS Certification

You are responsible for ensuring a drone is safe before flying, but the FAA does not require small UAS to comply with current agency airworthiness standards or obtain aircraft certification. Instead, the remote pilot will simply have to perform a preflight visual and operational check of the small UAS to ensure that safety-pertinent systems are functioning properly. This includes checking the communications link between the control station and the UAS. The UAS must also be registered.

Respecting Privacy

Although the new rule does not specifically deal with privacy issues in the use of drones, and the FAA does not regulate how UAS gather data on people or property, the FAA is acting to address privacy considerations in this area. The FAA strongly encourages all UAS pilots to check local and state laws before gathering information through remote sensing technology or photography.

As part of a privacy education campaign, the agency will provide all drone users with recommended privacy guidelines as part of the UAS registration process and through the FAA’s B4UFly mobile app. The FAA also will educate all commercial drone pilots on privacy during their pilot certification process; and will issue new guidance to local and state governments on drone privacy issues. The FAA’s effort builds on the privacy “best practices” (PDF) the National Telecommunications and Information Administration published last month as the result of a year-long outreach initiative with privacy advocates and industry.

Other Requirements

If you are acting as pilot in command, you have to comply with several other provisions of the rule:

  • You must make your drone available to the FAA for inspection or testing on request, and you must provide any associated records required to be kept under the rule.
  • You must report to the FAA within 10 days any operation that results in serious injury, loss of consciousness, or property damage (to property other than the UAS) of at least $500.

Table 2 summarizes the main provisions of PART 107 rules, you may also consult the FAQ published by the FAA on the new rules:

Table 2 PART 107 main provisions
ItemDescriptions/Instructions
Operational Limitations
  • Unmanned aircraft must weigh less than 55 lbs. (25 kg).
  • Visual line-of-sight (VLOS) only; the unmanned aircraft must remain within VLOS of the remote pilot in command and the person manipulating the flight controls of the small UAS. Alternatively, the unmanned aircraft must remain within VLOS of the visual observer.
  • At all times, the small unmanned aircraft must remain close enough to the remote pilot in command and the person manipulating the flight controls of the small UAS for those people to be capable of seeing the aircraft with vision unaided by any device other than corrective lenses.
  • Small unmanned aircraft may not operate over any persons not directly participating in the operation, not under a covered structure, and not inside a covered stationary vehicle. Note: That rule was changed effective April 21, 2021 where operating over people and night operations were permitted without a waiver for Part 107 pilots, see more on the topic in the sections above.
  • Daylight-only operations, or civil twilight (30 minutes before official sunrise to 30 minutes after official sunset, local time) with appropriate anti-collision lighting. Note: That rule was changed effective April 21, 2021 where operating over people and night operations were permitted without a waiver for Part 107 pilots, see more on the topic in the sections above.
  • Must yield right of way to other aircraft.
  • May use visual observer (VO) but not required.
  • First-person view camera cannot satisfy “see-and-avoid” requirement but can be used as long as requirement is satisfied in other ways.
  • Maximum groundspeed of 100 mph (87 knots).
  • Maximum altitude of 400 feet above ground level (AGL) or, if higher than 400 feet AGL, remain within 400 feet of a structure.
  • Minimum weather visibility of 3 miles from control station.
  • Operations in Class B, C, D and E airspace are allowed with the required ATC permission.
  • Operations in Class G airspace are allowed without ATC permission.
  • No person may act as a remote pilot in command or VO for more than one unmanned aircraft operation at one time.
  • No operations from a moving aircraft.
  • No operations from a moving vehicle unless the operation is over a sparsely populated area.
  • No careless or reckless operations.
  • No carriage of hazardous materials.
  • Requires preflight inspection by the remote pilot in command.
  • A person may not operate a small unmanned aircraft if he or she knows or has reason to know of any physical or mental condition that would interfere with the safe operation of a small UAS.
  • Foreign-registered small unmanned aircraft are allowed to operate under part 107 if they satisfy the requirements of part 375.
  • External load operations are allowed if the object being carried by the unmanned aircraft is securely attached and does not adversely affect the flight characteristics or controllability of the aircraft.
    • Transportation of property for compensation or hire allowed provided that:
    • the aircraft, including its attached systems, payload and cargo weigh less than 55 pounds total;
    • the flight is conducted within visual line of sight and not from a moving vehicle or aircraft; and the flight occurs wholly within
    • the bounds of a State and does not involve transport between (1) Hawaii and another place in Hawaii through airspace outside Hawaii; (2) the District of Columbia and another place in the District of Columbia; or (3) a territory or possession of the United States and another place in the same territory or possession.
  • Most of the restrictions discussed above are waivable if the applicant demonstrates that his or her operation can safely be conducted under the terms of a certificate of waiver.
Remote Pilot in Command
Certification and
Responsibilities
  • Establishes a remote pilot in command position.
  • A person operating a small UAS must either hold a remote pilot airman certificate with a small UAS rating or be under the direct supervision of a person who does hold a remote pilot certificate (remote pilot in command).
  • To qualify for a remote pilot certificate, a person must:
    • demonstrate aeronautical knowledge by either:
      • passing an initial aeronautical knowledge test at an FAA-approved knowledge testing center; or
      • holding a Part 61 pilot certificate other than student pilot, completing a flight review within the previous 24 months, and completing a small UAS online training course provided by the FAA.
    • be vetted by the Transportation Security Administration;
    • be at least 16 years old.
  • Part 61 pilot certificate holders may obtain a temporary remote pilot certificate immediately upon submission of their application for a permanent certificate. Other applicants will obtain a temporary remote pilot certificate upon successful completion of TSA security vetting. The FAA anticipates that it will be able to issue a temporary remote pilot certificate within 10 business days after receiving a completed remote pilot certificate application.
  • Until international standards are developed, foreign-certificated UAS pilots will be required to obtain an FAA-issued remote pilot certificate with a small UAS rating.

A remote pilot in command must:

  • make available to the FAA, upon request, the small UAS for inspection or testing, and any associated documents/records required to be kept under the rule;
  • report to the FAA within 10 days of any operation that results in at least serious injury, loss of consciousness, or property damage of at least $500;
  • conduct a preflight inspection, to include specific aircraft and control station systems checks, to ensure the small UAS is in a condition for safe operation;
  • ensure that the small unmanned aircraft complies with the existing registration requirements specified in § 91.203(a)(2).

A remote pilot in command may deviate from the requirements of this rule in response to an in-flight emergency.

Airworthiness CertificationFAA airworthiness certification is not required. However, the remote pilot in command must conduct a preflight check of the small UAS to ensure that it is in a condition for safe operation.
Model Aircraft
  • Part 107 does not apply to model aircraft that satisfy all of the criteria specified in section 336 of Public Law 112-95.
  • The rule codifies the FAA’s enforcement authority in Part 101 by prohibiting model aircraft operators from endangering the safety of the NAS.

Latest FAA Rules Changes

On January 15, 2021, the FAA change their UAS rules to allows routine operations over people and routine operations at night under certain circumstances. The rule eliminated the need for typical operations to receive individual part 107 certificate of waivers from the FAA. The rule was first published in the Federal Register on January 15, 2021. Corrections to the final rule were published in the Federal Register on March 10, 2021 delaying the effective date from March 16, 2021 to April 21, 2021. To learn more details about the new rule, visit the FAA website. PART 107 rules keeps evolving and oneneeds to keep a close an eye on it.

Tension between FAA Regulations and Local Jurisdictions 

Local governments and jurisdictions struggled in allowing drones operators freely operate within their localities sighting public safety and privacy concerns even if such operators follow the rules under PART 107. While such local authorities realize the authority that FAA has over their local air space, some enacted restrictions on the ground for operating UAS (i.e. restrictions related to takeoff and landing sites). Even when many state governments are passing UAS laws designed to promote the growth of the drone industry and the correct implementation of FAA rules, some city laws within those same states are creating their own rules to stop UAS operators from flying within their cities. The following articles shed some light on such on the struggles of local authorities with the enacted FAA rules:

Can I Fly a Drone in a Public Park?

Three Tips to Get Your HOA’s Drone Rules Off the Ground

FAA Rules for Recreational Drone Pilots Flying Near Airports