
Reviewed October 2026. FAA drone rules have changed substantially since this article was first published in 2016. This practical overview reflects the FAA guidance linked below as checked for this review; it is not legal advice, a flight authorization, or a substitute for checking current airspace restrictions and the rule that applies to your operation before every flight.
Quick answer: if the flight is exclusively for recreation and meets the statutory recreational exception, follow the recreational rules. If you are flying for work, business, a client, or another non-recreational purpose, Part 107 is generally the starting point. A drone under 55 pounds can usually operate under Part 107 if the pilot, aircraft, airspace, and operation meet the rule. The purpose of the flight matters more than whether you are paid.
What changed since 2016
The original version of this guide described the early days of Part 107. Its fixed test fee, “tail number” wording, blanket daytime restriction, and broad claims about flights over people no longer make a reliable guide. Part 107 now includes pathways for operations at night and over people, with conditions. Remote ID is also part of the modern picture. Requirements depend on the operation and aircraft; use the FAA’s current pages rather than relying on an old summary.
Part 107 is the FAA’s operating rule for many small unmanned aircraft flights that are not purely recreational. It generally covers drones weighing less than 55 pounds at takeoff, including everything attached or carried. Heavier aircraft, unusual operations, and some public aircraft work may fall under different rules or approvals. Start with the FAA’s Part 107 overview.
Which rules apply to your flight?
| If your flight is… | Likely framework | Key point |
|---|---|---|
| Exclusively for fun or personal recreation | Exception for limited recreational operations under 49 U.S.C. § 44809 | Follow the recreational safety rules, pass TRUST, respect airspace restrictions, and register when required. “Recreational” is about the purpose, not just the drone or pilot. |
| For a business, employer, client, paid service, or another non-recreational purpose | Usually Part 107 for a small unmanned aircraft | The remote pilot certificate and operating rules generally apply even if no money changes hands. Confirm whether a different FAA pathway applies to your specific operation. |
Recreational flyers must take The Recreational UAS Safety Test (TRUST), carry proof of passage, keep the aircraft within visual line of sight, and follow a community-based organization’s safety guidelines or the FAA’s listed recreational safety guidelines. The limited exception is not a general “small drone” exemption. See the FAA’s recreational flyer guidance.
For recreational registration, the FAA generally requires registration for aircraft weighing 0.55 pounds (250 grams) or more. Part 107 aircraft must be registered regardless of weight, including aircraft under 250 grams. Registration rules can depend on how and where an aircraft is operated, so use the FAA’s registration page to confirm details and current fees.
Getting a Part 107 certificate
To hold a remote pilot certificate with a small UAS rating, you must be at least 16, able to read, speak, write, and understand English subject to FAA exceptions, and be in a physical and mental condition to safely operate. New applicants generally pass the FAA aeronautical knowledge test at an FAA-approved knowledge testing center, complete the application and vetting steps, and receive the certificate after FAA processing. The FAA describes the current process on its Become a Certificated Remote Pilot page.
Certificate holders must complete recurrent training or testing at least every 24 calendar months to keep their aeronautical knowledge current. The route depends on your certificate and privileges; the FAA currently provides online recurrent training for many remote pilots. Check the FAA instructions for your situation rather than relying on old test-fee claims. Keep your certificate or required proof available while operating.
Registration and Remote ID
Register each aircraft as required and mark it with the FAA registration number according to the FAA’s instructions. For Part 107, registration is required even below 250 grams. Recreational flyers may have a registration exemption for aircraft below 250 grams when operating only under the recreational exception, but that does not carry over to Part 107 use. Registration is not permission to fly in restricted or controlled airspace.
Remote ID is the drone’s ability to broadcast identification and location information during flight. In general, registered drones must comply with Remote ID unless an applicable exception or alternative applies. FAA-recognized compliance options include a Standard Remote ID aircraft, a broadcast module, or operation within an FAA-Recognized Identification Area (FRIA), subject to the applicable conditions. If a broadcast module is used, the pilot must be able to see the drone throughout the flight. Review the FAA’s Remote ID guidance and check that the aircraft setup is compliant before takeoff.
Pilot in command and visual line of sight
For a Part 107 flight, the remote pilot in command (RPIC) is directly responsible for and is the final authority over the operation. The RPIC must assess the aircraft, weather, people, and surrounding airspace, and may not allow the flight to continue if safety is in doubt. The RPIC can assign tasks to a visual observer, but the observer does not take over the pilot’s legal responsibility.
Part 107 generally requires the aircraft to remain within unaided visual line of sight of the RPIC or a properly used visual observer, with exceptions for corrective lenses. The person watching must be able to see the aircraft well enough to know its location, attitude, altitude, and direction, and to determine that it does not present a hazard. A camera feed or binoculars alone do not replace the required direct visual observation. The pilot and observer need effective communication and a shared understanding of the flight.
Do not assume a long-range controller, follow-me feature, cellular connection, or observer placed far away makes a beyond-visual-line-of-sight operation legal. BVLOS requires the applicable FAA authority or a specific rule pathway. Check current FAA requirements before planning one.
Flight limits and airspace authorization
Part 107 generally limits altitude to 400 feet above ground level. There is a limited provision to fly higher than 400 feet when the aircraft is within a 400-foot radius of a structure and does not fly more than 400 feet above that structure’s immediate uppermost limit, subject to all other applicable rules and airspace restrictions. This is not a general permission to climb above 400 feet. The rule also includes speed and visibility limits; consult the current regulation and FAA material for the complete limits.
Controlled airspace around many airports requires prior FAA authorization for a Part 107 operation. LAANC can provide near-real-time authorization at participating facilities and altitudes; where it is not available or does not cover the request, use the FAA’s DroneZone process. An app’s map or an automatically offered altitude is not itself permission unless an authorization has been granted and its conditions are met. The FAA explains LAANC, Part 107 airspace authorizations, and flying near airports.
Night, people, and moving vehicles
Part 107 operations at night are allowed when the pilot meets the applicable training or testing requirement and the aircraft has anti-collision lighting visible for at least three statute miles, with an intensity sufficient to avoid a collision. The RPIC may reduce the lighting intensity if they determine it is in the interest of safety. Check the current rule and conditions before flying; “night flight allowed” does not mean every aircraft or site is ready for it.
Operations over people are not categorically prohibited, but they are limited to the conditions in Part 107 Subpart D. Which operations are permitted depends on factors such as the aircraft category, exposed rotating parts, injury risk, and whether people are directly participating or under a covered structure or stationary vehicle. Some operations require a declaration of compliance or other conditions. Read the FAA’s current operations over people guidance and the actual rule before planning flight over people; do not infer permission merely from consent or a crowd’s presence.
Flight over a moving vehicle is also conditional. Part 107 has restrictions and exceptions tied to the people in the vehicle, exposure, aircraft category, and whether the operation occurs over a closed or restricted-access site. A sparse area or a passenger’s consent is not, by itself, blanket approval. Review the FAA’s operations over people guidance and determine that every condition applies before operating.
Waivers and operations outside the rule
Some Part 107 requirements may be waived by the FAA when an applicant demonstrates that the proposed operation can be conducted safely under the terms of the waiver. A waiver is specific to the provision, operation, and conditions approved. It does not authorize unrelated operations or remove the need for airspace authorization, Remote ID compliance, or other applicable requirements.
A practical preflight checklist
- Confirm why the flight is being conducted and which rules apply: recreational exception or Part 107.
- Check registration, aircraft markings, Remote ID setup, battery condition, propellers, firmware status, and payload weight.
- Review current airspace, UAS facility maps, temporary restrictions, notices, local access rules, and weather.
- Obtain and read any required airspace authorization; confirm the exact location, altitude, time, and conditions.
- Confirm visual line of sight, safe launch and landing areas, people and vehicle exposure, and an emergency plan.
- For night operations, verify training eligibility and required anti-collision lighting.
- Brief any visual observer, participants, and site contacts; establish communications and stop-flight criteria.
- Keep proof of pilot qualification, registration, authorization, and any applicable waiver available as required.
If conditions change, stop and reassess. A checklist helps catch routine issues, but it cannot turn an otherwise unauthorized flight into an allowed one.
Frequently asked questions
Do I need Part 107 if my drone weighs less than 250 grams?
Weight alone does not decide which operating rule applies. A small drone used for a non-recreational purpose generally falls under Part 107, and Part 107 registration applies regardless of weight. The recreational registration exemption for qualifying drones below 250 grams applies only when flying exclusively under the recreational exception.
Can I fly at night or over people?
Sometimes, under specific Part 107 requirements. Night flying has pilot qualification and lighting conditions. Operations over people depend on the aircraft and operation meeting the applicable categories and conditions. Verify the current FAA rule and do not assume blanket permission.
Does LAANC approve every flight near an airport?
No. LAANC availability and permitted altitude vary by location and facility. A request can be unavailable, denied, or limited. Use DroneZone or follow the FAA process when needed, and comply with any authorization conditions.
Official FAA sources
Official FAA pages checked for this October 2026 review. Follow current guidance for your specific operation.
- Recreational Flyers & Community-Based Organizations
- How to Register Your Drone
- Remote Identification of Drones
- Become a Certificated Remote Pilot
- Small UAS Regulations (Part 107)
- UAS Data Exchange (LAANC)
- Flying Near Airports
- Part 107 Airspace Authorizations
- Operations Over People General Overview
- DJI Mavic Pro Vs DJI Spark VS DJI Phantom 4, which is the best DJI drone to buy? - September 28, 2017
- 9 Super Easy To Follow Tips For The PERFECT Aerial Shot Using A Drone - January 1, 2017
- How to Build Your Own Drone? And Should You Build a Drone? Part 2 - December 19, 2016
