The FAA Part 107 – Small Unmanned Aircraft Systems (Simplified)

Title 14, Chapter I, Subchapter F, Part 107 of the United States Code is the law that sets out the FAA Regulations for Small Unmanned Aircraft Systems.

You can find the full text of FAA 107 here: FAA Part 107 Drone Law – Online.

TLDR:

Under this law, drone pilots or drone operators may operate a small UAS with specific certification or operating authority from the Federal Aviation Administration. The law also requires passing an aeronautical knowledge and safety test and registering and marking the drone. 

The law allows the Administrator to pursue enforcement action against those who endanger the safety of the national airspace system. The Administrator can also make rules for all unmanned aircraft, including those that qualify for an exception in section 44809, which allows limited recreational operations of SUAS.

Section 44809: We explain the exception for limited recreational operations of unmanned aircraft in our Section 44809 Explainer.

Please note, what follows is a simplified summary of the FAA part 107. For a more complete discussion focusing on the most relevant sections of USA Drone regulations for hobbyists, recreational users, or commercial drone operations, please see our USA Drone Laws Page.

Part 107 Explained

Part 107: Small Unmanned Aircraft Systems

Subpart A – Unmanned Aircraft General

107.1 Applicability.

(a) Unless otherwise specified in paragraph (b), this part applies to the registration, drone pilot certification, and operation of civil small unmanned aircraft systems in the United States. This section also applies to the ability of civil small unmanned aircraft systems to fly over people in the United States.

(b) This part does not apply to the following:

(1) Airline operations;

(2) Any aircraft subject to the provisions of the exception for recreational flyers 49 USC 44809; (read our Section 44809 Explainer for more details)

(3) Any operation that the holder of an exemption under section 333 of Public Law 112–95 or 49 USC 44807 elects to conduct according to the exemption, unless otherwise specified in the exemption; or

(4) Any drone operation conducted under part 91 of this chapter with a small unmanned aircraft system that has received an airworthiness certificate.

107.2 Applicability of certification procedures for products and articles.

PART 21: CERTIFICATION PROCEDURES FOR PRODUCTS AND ARTICLES do not apply to small unmanned aircraft systems that fly under this part unless the small unmanned aircraft system will fly over people following § 107.140 (see below).

107.3 Definitions.

The following definitions apply:

Control station is an interface device or mechanism used by the remote pilot to control the flight path of a small unmanned aircraft.

Corrective lenses mean spectacles or contact lenses.

Declaration of compliance means a record submitted to the FAA that certifies the small unmanned aircraft conforms to the Category 2 or Category 3 requirements under subpart D – Operations Over Human Beings (see below).

Small unmanned aircraft is an unmanned aircraft that weighs less than 55 pounds when it takes off, including everything on board or attached.

Small unmanned aircraft system (small UAS) means a small unmanned aircraft and the things that go with it, like communication links and parts that control the small unmanned aircraft, for the small unmanned aircraft to operate safely and efficiently in the national airspace system.

Unmanned aircraft means an aircraft operated without a person being able to control it directly from inside or on the plane.

Visual observer means a person chosen by the remote pilot in command to help the remote pilot and the person controlling the small UAS see and avoid other air traffic or objects in the air or on the ground.

107.5 Falsification, reproduction, or alteration.

(a) No person should make or cause someone else to make false or fraudulent records or reports to demonstrate compliance with this part, or copy or change a certificate, rating, authorization, record, or report.

(b) Commission of an act prohibited under paragraph (a) of this section can lead to denial, suspension, revocation, or civil penalty.

107.7 Inspection, testing, and demonstration of compliance.

(a) A remote pilot in command, owner, or person manipulating the flight controls of a small unmanned aircraft system must have in their physical possession and readily accessible the remote pilot certificate with a small UAS rating and identification. They must present their pilot drone license for inspection upon request from the Administrator, the National Transportation Safety Board, any Federal, State, or local law enforcement officer, or the Transportation Security Administration. They must also make available any document, record, or report required under the regulations of this chapter.

(b) The remote pilot in command, visual observer, owner, operator, or person controlling the flight controls of a small unmanned aircraft system must let the Administrator test or inspect the small unmanned aircraft system, the remote pilot in command, the person controlling the flight controls of a small unmanned aircraft system, and, if applicable, the visual observer to make sure they are following this part.

(c) Any person who has an FAA-accepted declaration of compliance under subpart D of this part must make the following documents, records, or reports available to the Administrator upon request: (1) the declaration of compliance required under subpart D of this part; and (2) any other document, record, or report kept under the regulations of this chapter.

(d) Any person holding an FAA-accepted declaration of compliance under subpart D of this part (see below) must, upon request, allow the Administrator to inspect its facilities, technical data, and any manufactured small UAS and witness any tests necessary to determine compliance with that subpart.

107.9 Safety event reporting.

Remote pilots must report to the FAA 10 calendar days after operating a small unmanned aircraft that meets the criteria of paragraph (a) or (b).

(a) Anyone getting hurt badly or losing consciousness; or

(b) Damage to any property, other than a small unmanned aircraft, unless one of the following conditions is met:

1. the cost of repair (including materials and labor) is less than $500, or
2. the fair market value of the property is less than $500 in the event of total loss.

Subpart B – Operating Rules

107.11 Applicability.

This subpart governs the operation of all civil small unmanned aircraft systems within this part’s scope.

107.12 Requirement for a remote pilot certificate with a small UAS rating.

(a) A person can only manipulate the flight controls of a small unmanned aircraft system if they have a remote pilot certificate or are under the direct supervision of a remote pilot in command with the ability to take direct control.

(b) Except as provided in paragraph (c) of this section, no person may act as a remote pilot in command unless that person has a remote pilot certificate with a small UAS rating issued under Subpart C of this part and meets the requirements of 107.65.

(c) Following international standards, the Administrator may authorize an airman to operate a civil foreign-registered small unmanned aircraft without an FAA-issued remote pilot certificate with a small UAS rating.

107.13 Registration.

A person who operates a civil small unmanned aircraft system for flight purposes must follow the provisions of Civil Aircraft Certifications (Registration) § 91.203(a)(2).

We have provided more details in our Drone Registration Explainer.

107.15 Condition for safe operation.

A person may only operate a civil small unmanned aircraft system if it is in a condition for safe drone operation, and the remote pilot in command must check it before each flight. No person may continue flight when it is no longer in a condition for safe operation.

107.17 Medical condition.

No one may operate the flight controls of a small unmanned aircraft system or act as a remote pilot in command, visual observer, or direct participant in the operation of the small unmanned aircraft if they know or have reason to believe that they have a physical or mental condition that would jeopardize the safe operation of the small unmanned aircraft system.

107.19 Remote pilot in command.

You must designate the remote pilot in command before or during the flight of a small unmanned aircraft. They must ensure that the aircraft poses no hazard to other people, other manned aircraft, or other property, comply with all applicable regulations, and have the ability to direct the aircraft to ensure compliance with the relevant provisions of this chapter.

107.21 In-flight emergency.

In an in-flight emergency that necessitates immediate action, the remote pilot in command may deviate from any rule of this part to the extent necessary to meet the crisis. 

Each remote pilot in command who deviates from a rule in paragraph (a) of this section must send a written report of that deviation to the Administrator upon request.

107.23 Hazardous operation.

No person may operate a small unmanned aircraft system carelessly or recklessly or drop an object from it in a way that creates an undue hazard to persons or property.

107.25 Operation from a moving vehicle or aircraft.

No one 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.

107.27 Alcohol or drugs.

A person manipulating the flight controls of a small unmanned aircraft system or acting as a remote pilot in command or visual observer must comply with the following provisions:

§§ 91.17 No person can act as a crewmember of a civil aircraft until 8 hours after consumption of alcohol, under the influence of alcohol, using a drug that affects their faculties, or having an alcohol concentration of 0.04 or greater in a blood or breath specimen.

§§ 91.19 No person may operate a civil aircraft with knowledge of carrying narcotic drugs, marihuana, and depressant or stimulant drugs or substances. Paragraph (b) of this section does not apply to any carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances authorized by any Federal or State statute or agency.

107.29 Operation at night.

A person may only operate a small unmanned aircraft system at night if they have completed an initial knowledge test or training and have lighted anti-collision lighting visible for at least three statute miles.

Remote pilots must use anti-collision lighting visible for at least three statute miles to avoid collisions during civil twilight.

“Civil twilight” means any of the following, except for Alaska:

1. A period beginning 30 minutes before the official sunrise and ending at the official sunrise
2. A period starting at the official sunset and ending 30 minutes after the official sunset
3. In Alaska, the period of civil twilight as defined in the Air Almanac

After May 17, 2021, no one may fly a small unmanned aircraft system at night while in compliance with a certificate of waiver granted under 107.200 issued before April 21, 2021. The waiver certificates issued under Section 107.200 before March 16, 2021, that permit deviating from Section 107.29 expire on May 17, 2021.

107.31 Visual line of sight aircraft operation.

The remote pilot in command, visual observer, and the person manipulating the flight control of the small unmanned aircraft system must be able to see the aircraft throughout the flight to determine its location, attitude, altitude, and direction of flight. Additionally, they must observe the airspace for other air traffic or hazards and ensure the unmanned aircraft does not endanger the life or property of another.

The ability described in paragraph (a) of this section must be exercised by either the remote pilot in command, the person manipulating the flight controls, or a visual observer.

107.33 Visual observer.

All of the following conditions must be satisfied if you use a visual observer during aircraft operation:

(a) Effective communication between the remote pilot in command, the person operating the small unmanned aircraft system’s flight controls, and the visual observer is always required.

(b) The remote pilot in command is responsible for ensuring that the visual observer can see the unmanned aircraft as described in 107.31.

(c) The remote pilot in command, the person manipulating the flight controls, and the visual observer must coordinate to scan the airspace for potential collision hazards and maintain awareness of the position of the small unmanned aircraft.

107.35 Operation of multiple small unmanned aircraft.

A person may not manipulate flight controls or act as a remote pilot in command or visual observer in the operation of more than one unmanned aircraft simultaneously.

107.36 Carriage of hazardous material.

Hazardous materials may not be carried by a small unmanned aircraft. You can find the definition of the term hazardous material in 49 CFR 171.8

107.37 Operation near aircraft; right-of-way rules.

Small unmanned aircraft must yield the right of way to all aircraft, airborne vehicles, and launch and reentry vehicles, meaning they must only pass over, under, or ahead of them if well clear.

Do not fly a small unmanned aircraft so close to another that it poses a collision risk.

107.39 Operation over human beings.

No one is allowed to fly a small unmanned aircraft over a person unless that person is directly involved in the operation of the aircraft, is under cover or inside a stationary vehicle that can offer reasonable protection from a falling small unmanned aircraft, or the operation complies with at least one of the operational categories listed in subpart D of this part.

107.41 Operation in certain airspace.

You must only operate a small unmanned aircraft in Controlled Airspace – Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport if prior authorization from Air Traffic Control is obtained (ATC).

107.43 Operation in the vicinity of airports.

No one may operate a small unmanned aircraft in a way that interferes with airport, heliport, or seaplane base operations or traffic patterns.

107.45 Operation in prohibited or restricted areas.

No one may operate a small unmanned aircraft in prohibited or restricted areas unless they have permission from the appropriate using or controlling agency.

107.47 Flight restrictions in the proximity of certain areas designated by notice to airmen (NOTAM).

A person acting as a remote pilot in command must comply with the provisions: 

§§ 91.137 Temporary flight restriction near disaster/hazard areas.

§§ 91.138 Temporary flight restrictions in national disaster areas in Hawaii.

§§ 91.139 Emergency air traffic rules.

§§ 91.141 Flight restrictions near the Presidential and other parties.

§§ 91.143 Flight limitation in the proximity of space flight operations.

§§ 91.144 Temporary restriction on flight operations during abnormally high barometric pressure conditions.

§§ 91.145 Management of aircraft operations near aerial demonstrations and major sporting events.

And §§ 99.7 Special security instructions.

107.49 Preflight familiarization, inspection, and actions for aircraft operation.

Before taking off, the remote pilot in command must:

(a) Evaluate the operating environment, considering risks to people and property on the ground and in the air. This assessment must take into account the following factors:

1. local weather conditions;
2. local airspace and any flight restrictions;
3. the location of persons and property on the surface; and
4. other ground hazards.

(b) Ensure that all people directly involved in the small unmanned aircraft operation know the operating conditions, emergency procedures, contingency plans, roles and responsibilities, and potential hazards.

(c) Check that all control links between the ground control station and the small unmanned aircraft are operational.

(d) If the small unmanned aircraft is powered, ensure enough power is available for the system to operate for the intended operational time.

(e) Ensure that any object attached to or carried by the small unmanned aircraft is secure and does not impair the aircraft’s flight characteristics or controllability. And,

(f) If you conduct the operation over human beings under subpart D of this part, ensure that the aircraft meets the requirements of § 107.110, § 107.120(a), § 107.130(a), or § 107.140, as applicable

107.51 Operating limitations for small unmanned aircraft.

When operating a small unmanned aircraft system, the remote pilot in command and the person manipulating the flight controls must adhere to all of the following operating limitations:

(a) The small unmanned aircraft’s ground speed cannot exceed 87 knots (100 miles per hour).

(b) The small unmanned aircraft’s altitude cannot exceed 400 feet above ground level unless the small unmanned aircraft:

1. Is flown within a 400-foot radius of a structure; and
2. Does not fly over 400 feet above the structure’s immediate uppermost limit.

(c) The minimum flight visibility, measured from the control station, must be three statute miles. Flight visibility is defined as the average slant distance from the control station at which prominent unlighted objects can be seen and identified during the day, and prominent lighted objects can be seen and identified during the night.

(d) The minimum distance between the small unmanned aircraft and the clouds must be:

1. 500 feet below the cloud; and
2. 2,000 feet horizontally from the cloud.

Subpart C – Remote Pilot Certification

107.52 ATC transponder equipment prohibition.

Unless authorized by the Administrator, no person may operate a small unmanned aircraft system under this part with a transponder on.

107.53 Automatic Dependent Surveillance-Broadcast (ADS-B) Out prohibition.

No one may operate a small unmanned aircraft system under this part with ADS-B Out equipment in transmit mode unless otherwise authorized by the Administrator.

107.56 Applicability.

The requirements for issuing a remote pilot certificate with a small UAS rating are outlined in this subpart.

107.57 Offenses involving alcohol or drugs.

(a) A conviction for the violation of any Federal or State statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances is grounds for either denial of an application for a remote pilot certificate with a small UAS rating or suspension or revocation of a remote pilot certificate with a small UAS rating.

(b) Committing an act prohibited by § 91.17(a) or § 91.19(a)  can lead to the denial of an application for a remote pilot certificate with a small UAS rating or suspension or revocation of a remote pilot certificate with a small UAS rating.

107.59 Refusal to submit to an alcohol test or to furnish test results.

A refusal to submit to a test to indicate the percentage by weight of alcohol in the blood, or to furnish or authorize the release of the test results requested by the Administrator, can lead to the denial of an application for a remote pilot certificate with a small UAS rating or suspension or revocation of a remote pilot certificate with a small UAS rating.

107.61 Eligibility.

To be eligible for a remote pilot certificate with a small UAS rating under this subpart, a prospective certified drone pilot must meet the following requirements, subject to the provisions of §§ 107.57 and 107.59:

(a) Be at least 16 years of age;

(b) You must be able to read, speak, write, and understand English. However, suppose an applicant cannot meet one of these requirements due to a medical condition. In that case, the FAA may impose operating restrictions on that applicant’s certificate necessary for the safe operation of the small unmanned aircraft.

(c) Not be aware of, or have reason to suspect, that they have a physical or mental condition that would jeopardize the safe operation of a small unmanned aircraft system; and

(d) Demonstrate your aeronautical knowledge by satisfying one of the following conditions in a way that the Administrator approves of:

1. Pass an initial aeronautical knowledge test covering the areas of knowledge specified in § 107.73 (we cover drone license and the drone license test in our comprehensive review of Drone Licensing); or
2. If a person holds a pilot certificate (other than a student pilot certificate) issued under part 61 of this chapter and meets the flight review requirements specified in § 61.56, complete training covering the areas of knowledge established in § 107.74.

107.63 Issuance of a remote pilot certificate with a small UAS rating.

You must apply for a remote pilot certificate with a small UAS rating issued under this subpart in a form and manner acceptable to the Administrator.

The application must include evidence that the applicant passed an aeronautical knowledge test, such as an airman knowledge test report or a certificate of completion of an initial training course under part 61 of this chapter that covers the areas of knowledge specified in 107.74. If applying using a paper application, the evidence must be an airman knowledge test report.

You must submit the application to the responsible Flight Standards office, a designated pilot examiner, an airman certification representative, a certificated flight instructor, or another authorized person by the Administrator. In addition, the person accepting the application must verify the applicant’s identity in a manner acceptable to the Administrator. Finally, the person making the application must show the applicant meets the flight review requirements specified in 61.56 of this chapter.

107.64 Temporary certificate.

A temporary remote pilot certificate with a small UAS rating is issued for up to 120 calendar days, after which the Administrator gives a permanent certificate to a person found qualified under this part by the Administrator.

A temporary remote pilot certificate with a small UAS rating expires on the expiration date, upon receipt of the permanent certificate, or upon receipt of a notice that the certificate sought is denied or revoked.

107.65 Aeronautical knowledge recency.

A person may not exercise the privileges of a remote pilot in command with a small UAS rating unless they have completed one of the following within the previous 24 calendar months in a manner acceptable to the Administrator:

(a) Passed an initial aeronautical knowledge test covering the areas of knowledge specified in 107.73; 

(b) Completed recurrent training covering the areas of knowledge specified in 107.73; or 

(c) Completed training covering the areas of knowledge specified in 107.74 if a person holds a pilot certificate (other than a student pilot certificate) issued under part 61 of this chapter and meets the flight review requirements specified in 61.56. 

(d) A person who has passed a recurrent aeronautical knowledge test in a manner acceptable to the Administrator or who has satisfied the training requirement of paragraph (c) of this section before April 6, 2021, is considered to comply with the provision of paragraph (b) or (c) of this section, as applicable.

107.67 Knowledge tests: General procedures and passing grades.

Knowledge tests prescribed by or under this part are administered by individuals and in the manner specified by the Administrator.

An applicant for a knowledge test must have proper identification at the time of application, including a photograph, signature, date of birth, and permanent mailing address. If the applicant’s permanent mailing address is a post office box number, they must also provide a current residential address.

The Administrator will determine the minimum passing grade for the knowledge test.

For more details on the 107 license, 107 test, testing centers, online courses, and other related topics, please see our Drone License Explainer. 

107.69 Knowledge tests: Cheating or other unauthorized conduct.

(a) An applicant for a knowledge test may not:

1. Copy or intentionally remove any knowledge test;
2. Give to another applicant or receive from another applicant any part or copy of a knowledge test;
3. Give or receive assistance on a knowledge test during the test period;
4. Take any part of a knowledge test on behalf of another person;
5. Be represented by, or represent, another person for a knowledge test;
6. Use any material or aid during the test period unless specifically authorized to do so by the Administrator; and
7. Intentionally cause, assist, or participate in any act prohibited by this paragraph.

(b) An applicant who the Administrator finds to have committed an act prohibited by paragraph (a) of this section is prohibited from:

1. applying for any certificate, rating, or authorization issued under this chapter; and
2. applying for and taking any test under this chapter for one year after the date of committing that act.

(c) If the Administrator determines that an applicant has committed an act prohibited by paragraph (a) of this section, the Administrator may suspend or revoke the applicant’s certificate or rating.

107.71 Retesting after failure.

An applicant who fails a knowledge test may not reapply for the examination for 14 calendar days after failing the FAA part 107 exam.

107.73 Knowledge and training.

The following topics are covered in an initial aeronautical knowledge test and recurrent training:

(a) Regulations governing the privileges, limitations, and flight operations of small unmanned aircraft systems;

(b) Airspace classification, operational requirements, and flight restrictions affecting the operation of small unmanned aircraft;

(c) Aviation weather sources and the effects of weather on the performance of small unmanned aircraft;

(d) Small unmanned aircraft loading;

(e) Emergency procedures;

(f) Crew resource management;

(g) Radio communication procedures;

(h) Determining the performance of the small unmanned aircraft;

(i) Physiological effects of drugs and alcohol;

(j) Aeronautical decision-making and judgment;

(k) Airport operations;

(l) Maintenance and preflight inspection procedures; and

(m) Operation at night.

In our Drone License Explainer, we provide more insight into the 107 exam, how to find a knowledge testing center, and recreational UAS safety test, among other topics. We also identify links to materials to help train for the 107 test, airman knowledge testing supplement there.

107.74 Small unmanned aircraft system training.

Training for pilots who hold a pilot certificate (other than a student pilot certificate) issued under part 61 of this chapter and meet the flight review requirements specified in § 61.56 covers the following areas of knowledge:

(a) Applicable regulations relating to small unmanned aircraft system rating privileges, limitations, and flight operation;

(b) Effects of weather on small unmanned aircraft performance;

(c) Small unmanned aircraft loading;

(d) Emergency procedures;

(e) Crew resource management;

(f) Determining the performance of the small unmanned aircraft;

(g) Maintenance and preflight inspection procedures; and

(h) Operation at night.

107.77 Change of name or address.

(a) Change of name. An application to change the name on a certificate must be accompanied by a remote pilot certificate with a small UAS rating and a copy of the marriage license, court order, or other document verifying the name change.

(b) After inspection, Administrator will return the documents listed in paragraph (a) of this section to the applicant.

(c) Change of address. The holder of a remote pilot certificate with n small UAS rating issued under this subpart may not exercise the privileges of the certificate after 30 days unless they notify the FAA of the change in address using one of the following methods:

1. by letter to the FAA Airman Certification Branch, PO Box 25082, Oklahoma City, OK 73125; or
2. by using the FAA Web site portal at www.faa.gov. If the permanent mailing address includes a post office box number, then the holder’s current residential address.

107.79 Voluntary surrender of certificate.

(a)A certificate issued under this subpart may be voluntarily surrendered for cancellation by the holder.

(b) Any request made under this section’s paragraph (a) must include the signed statement or its equivalent: “I voluntarily surrender my remote pilot certificate with a small UAS rating for cancellation.” This request is made for my own reasons, fully aware that my certificate will not be reissued unless I meet the requirements outlined in §§ 107.61 and 107.63.”

Subpart D – Operations Over Human Beings

107.100 Applicability.

This subpart specifies the eligibility and operational requirements for civil small unmanned aircraft flying over people or moving vehicles in the United States, in addition to the operations permitted by § 107.39(a) and (b).

107.105 Limitations on operations over human beings.

Except as provided in §§ 107.39(a) and (b) and 107.145, a remote pilot in command may conduct operations over human beings only per the following, as applicable: § 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.

107.110 Category 1 operations.

To conduct Category 1 operations—

(a) A remote pilot in command must use a small unmanned aircraft that—

1. Weighs 0.55 pounds or less at takeoff and throughout each Category 1 operation, including everything on board or attached to the aircraft. ; and
2. No exposed rotating parts could lacerate human skin if it collides with a human.

(b) No remote pilot in command may fly a small unmanned aircraft over open-air human gatherings unless the operation meets the requirements of either § 89.110 or § 89.115(a) of this chapter.

107.115 Category 2 operations: Operating requirements.

To conduct Category 2 operations—

(a) A remote pilot in command must use a small unmanned aircraft that—

1. Is eligible for Category 2 operations according to § 107.120(a);
2. Is listed on an FAA-accepted declaration of compliance as eligible for Category 2 operations following § 107.160; and
3. Is labeled as eligible to conduct Category 2 operations per § 107.120(b)(1).

(b) No remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies of human beings unless the operation meets the requirements of either § 89.110 or § 89.115(a) of this chapter.

107.120 Category 2 operations: Eligibility of small unmanned aircraft and other applicant requirements.

(a) To be eligible for use in Category 2 operations, small unmanned aircraft must be designed, manufactured, or modified in such a way that it—(1) will not cause injury to a human being equal to or greater than the severity of harm caused by a transfer of 11 foot-pounds of kinetic energy upon impact from a rigid object; (2) does not contain any exposed rotating parts that would lacerate human skin upon impact with a human being; and (3) does not contain any safety defect.

(b) To be eligible for use in Category 2 operations, the applicant for a declaration of compliance for a small unmanned aircraft must meet all of the following requirements:

1. Place a label on the small unmanned aircraft indicating that it is authorized to conduct Category 2 operations. The label must be in English, legible, visible, and permanently attached to the small unmanned aircraft.
2. Have remote pilot operating instructions for the small unmanned aircraft system’s operation. The applicant for a declaration of compliance must make these instructions available upon sale, transfer, or use of the aircraft by someone other than the applicant who submitted a declaration of compliance per § 107.160. Such instructions must address, at a minimum—
   • A system description that lists the required small unmanned aircraft system components, any system limitations, and the declared category or categories of operation;
   • Modifications that won’t change the ability of the small unmanned aircraft system to meet the requirements for the category or categories of operation the small unmanned aircraft system is allowed to perform; and
   • Instructions on how to check and change the mode or configuration of the small unmanned aircraft system.
3. The applicant for a declaration of compliance must maintain a product support and notification process to notify the public and the FAA of any defect or condition that causes the small unmanned aircraft to no longer meet the requirements of this subpart and any safety defect that causes the small unmanned aircraft to exceed a low probability of casualty.

107.125 Category 3 operations: Operating requirements.

To conduct Category 3 operations, a remote pilot in command—

(a) Must use a small unmanned aircraft that—

1. Is eligible for Category 3 operations according to § 107.130(a);
2. Is listed on an FAA-accepted declaration of compliance as eligible for Category 3 operations following § 107.160; and
3. Is labeled as eligible for Category 3 operations per § 107.130(b)(1);

(b) Should not fly the small unmanned planes over open-air gatherings of people; and

(c) May only fly the small unmanned aircraft over people if you meet one of the following conditions:

1. The operation is in or over a closed or restricted-access site, and you tell all people in the closed or restricted-access site that a small unmanned aircraft may fly over them; or
2. The small unmanned aircraft does not maintain sustained flight over any human being unless that human being is—
   • Directly participating in the operation of the small unmanned aircraft; or
   • Located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft.

107.130 Category 3 operations: Eligibility of small unmanned aircraft and other applicant requirements.

(a) To be eligible for use in Category 3 operations, the small unmanned aircraft must be designed, produced, or modified such that it—

1. Will not cause injury to a human being that is equivalent to or greater than the severity of the injury caused by a transfer of 25 foot-pounds of kinetic energy upon impact from a rigid object;
2. Does not contain any exposed rotating parts that would lacerate human skin upon impact with a human being; and
3. Does not contain any safety defects.

(b) The person who wants to use a small unmanned aircraft in Category 3 operations must meet all of the following requirements:

1. Put a label on the small unmanned aircraft that says it can participate in Category 3 operations. The label must be in English, readable, and permanently fixed to the small unmanned aircraft.
2. Have instructions for how to use the small unmanned aircraft system that apply to the remote pilot. The person who submitted a declaration of compliance must make these instructions available if you sell the aircraft, give it to someone else, or someone other than the person who submitted the declaration of compliance uses the drone per § 107.160. Such instructions must address, at a minimum—
   • A system description that lists the required small unmanned aircraft system components, any system limitations, and the declared category or categories of operation;
   • Modifications that won’t change the ability of the small unmanned aircraft system to meet the requirements for the category or categories of operation the small unmanned aircraft system is allowed to perform; and
   • Instructions on how to check and change the mode or configuration of the small unmanned aircraft system.
3. The applicant for a declaration of compliance must maintain a product support and notification process to notify the public and the FAA of any defect or condition that causes the small unmanned aircraft to no longer meet the requirements of this subpart, and any safety defect that causes the small unmanned aircraft to exceed a low probability of fatality.

107.135 Labeling by the remote pilot in command for Category 2 and 3 operations.

Suppose a Category 2 or Category 3 label on a small unmanned aircraft is damaged, destroyed, or missing. In that case, the remote pilot in charge must label the aircraft in English so that the label is easy to read, stands out, and stays on the small unmanned aircraft for the duration of the operation. Do the labeling before using the small unmanned aircraft over people. Based on this subpart, the label must show the correct category or categories of operations over people that the small unmanned aircraft are allowed to do.

107.140 Category 4 operations.

(a) Remote pilot in command requirements. To conduct Category 4 operations—

1. A remote pilot in command—
   • Must use a small unmanned aircraft that is eligible for Category 4 operations according to paragraph (b) of this section; and
   • Must fly the small unmanned aircraft according to the Administrator’s rules about how to fly it.
2. No remote pilot in charge of a small unmanned aircraft can keep it in the air over open-air groups of people unless the operation meets the rules of either § 89.110 or § 89.115(a) of this chapter.

(b) Small unmanned aircraft requirements for Category 4. To be eligible to operate over human beings under this section, the small unmanned aircraft must—

1. Have an airworthiness certificate issued under part 21 of this chapter.
2. Be operated according to the operating limits listed in the approved Flight Manual or as otherwise told by the Administrator. The operational restrictions must not make it impossible to do operations on people.
3. You must conduct maintenance, preventive maintenance, changes, and inspections according to paragraph (c)(1) of this section.

(c) Maintenance requirements for Category 4. The owner must (unless the owner enters into an agreement with an operator to meet the requirements of this paragraph (c), then the operator must) meet the requirements of this paragraph (c):

1. Ensure the person performing any maintenance, preventive maintenance, alterations, or inspections:
   • Uses methods, techniques, and practices specified in the manufacturer’s current maintenance manual or Instructions for Continued Airworthiness that are acceptable to the Administrator, or other methods, procedures, and practices that are acceptable to the Administrator;
   • Has the knowledge, skill, and appropriate equipment to perform the work;
   • Performs maintenance, preventive maintenance, or alterations on the small unmanned aircraft following the manufacturer’s current maintenance manual or the manufacturer’s Instructions for Continued Airworthiness or other methods, techniques, and practices acceptable to the Administrator;
   • Inspects small unmanned aircraft according to manufacturer’s instructions or other instructions acceptable to the Administrator; and
   • Performs maintenance, preventive maintenance, or alterations with parts of sufficient quality to restore the aircraft to its original or appropriately altered condition.
2. Maintain all aircraft maintenance, preventive maintenance, and alterations records and ensure that you document these activities in a manner acceptable to the Administrator. The records must include a description of the work done, the completion date, and the name of the person who did the job.
3. Maintain all records containing—
   • The condition of life-limited parts installed on or in the small unmanned aircraft;
   • The inspection status of the aircraft; and
   • The current status of applicable airworthiness directives, including compliance method, airworthiness directive number, and revision date. If the airworthiness directive requires repeated action, the record must include the time and date of the next required action.
4. Retain the records required under paragraphs (c)(2), and (3) of this section as follows:
   • You must keep records documenting maintenance, preventive maintenance, or alterations for one year from the completion of the work or until the maintenance is repeated or superseded by other work.
   • Records demonstrating the status of life-limited parts, compliance with airworthiness directives, and inspection status of small unmanned aircraft must be kept and transferred with the aircraft when ownership changes.
5. Ensure all records under paragraphs (c)(2) and (3) of this section are available for inspection upon request from the Administrator or any authorized representative of the National Transportation Safety Board (NTSB).

(d) Compliance with parts 43 and 91 of this chapter. Compliance with part 43 and part 91, subpart E, of this chapter fulfills the requirements in paragraphs (b)(3), and (c) of this section.

107.145 Operations over moving vehicles.

No person may operate a small unmanned aircraft over a human being located inside a moving vehicle unless they meet the following conditions:

(a) The operation occurs in accordance with § 107.110 for Category 1 operations; § 107.115 for Category 2 operations; § 107.125 for Category 3 operations; or § 107.140 for Category 4 operations.

(b) For an operation under Category 1, Category 2, or Category 3, the small unmanned aircraft, throughout the operation—

1. Must remain within or over a closed or restricted-access site, and all people inside moving vehicles within the closed or restricted-access site must be aware that a small unmanned aircraft may fly over them; or
2. Must not maintain sustained flight over moving vehicles.

(c) For a Category 4 operation, the small unmanned aircraft must—

1. Have an airworthiness certificate issued under part 21 of this chapter.
2. Operating limitations specified in the approved Flight Manual or as otherwise specified by the Administrator must be followed. The operational constraints must not preclude operations over humans inside moving vehicles.

107.150 Variable mode and variable configuration of small unmanned aircraft systems.

Under this subpart, a small unmanned aircraft system may be eligible for one or more categories of operation over humans as long as a remote pilot in command cannot inadvertently switch between modes or configurations.

107.155 Means of compliance.

(a) Establishment of compliance. To meet the requirements of § 107.120(a) for operations in Category 2, or the requirements of § 107.130(a) for operations in Category 3, the means of compliance must consist of a test, analysis, or inspection.

(b) Required information. An applicant requesting FAA acceptance of a means of compliance must submit the following information to the FAA as specified by the Administrator: (1) Procedures. A detailed description of the means of compliance, including applicable test, analysis, or inspection procedures to demonstrate how the small unmanned aircraft meets the requirements of 107.120(a) or 107.130(a) for operations in Category 2. (2) Compliance explanation. Explanation of how application of the means of compliance fulfills the requirements of 107.120(a) for operations in Category 2 or 107.130(a) for operations in Category 3.

(c) FAA acceptance. If the FAA determines that the applicant has demonstrated compliance with this section’s paragraphs (a) and (b), it will notify the applicant that they accept the means of compliance.

(d) Rescission. The Administrator may rescind its acceptance of a means of compliance if it does not meet the requirements of this subpart and will publish a notice of rescission in the Federal Register.

(e) Inapplicability of part 13, subpart D, of this chapter. Part 13, subpart D, of this chapter, does not apply to the procedures of paragraph (a) of this section.

107.160 Declaration of compliance.

(a) Required information. To declare a small unmanned aircraft compliant with the requirements of this subpart for Category 2 or Category 3 operations, an applicant must submit a declaration of compliance to the FAA in the manner specified by the Administrator, which includes the following information:

1. Applicant’s name;
2. Applicant’s physical address;
3. Applicant’s email address;
4. The small unmanned aircraft make and model name, and series, if applicable;
5. The small unmanned aircraft serial number or range of serial numbers that are the subject of the declaration of compliance;
6. Whether the declaration of compliance is an initial declaration or an amended declaration;
7. If an amended declaration of compliance, the reason for the re-submittal;
8. The accepted means of compliance the applicant used to fulfill requirements of § 107.120(a) or § 107.130(a) or both;
9. A declaration that the applicant—
   • Has demonstrated that the small unmanned aircraft, or specific configurations of that aircraft, satisfies § 107.120(a) or § 107.130(a) or both, through the accepted means of compliance identified in paragraph (a)(8) of this section;
   • Has verified that the unmanned aircraft does not contain any safety defects;
   • Has satisfied § 107.120(b)(3) or § 107.130(b)(3), or both; and
   • Will, upon request, allow the Administrator to inspect its facilities, technical data, and any manufactured small unmanned aircraft and witness any tests necessary to determine compliance with this subpart; and
10. Other information as required by the Administrator.

(b) FAA acceptance. If the FAA determines that the applicant has demonstrated compliance with the requirements of this subpart, it will notify the applicant that it accepts the declaration of compliance.

(c) Notification of a safety issue. Before initiating rescission proceedings according to paragraphs (d)(1) through (3) of this section, the FAA will notify the applicant if it identifies a safety issue for the declaration of compliance.

(d) Rescission.

The FAA may rescind a declaration of compliance if any of the following conditions occur: a small unmanned aircraft for which an accepted declaration of compliance no longer complies with 107.120(a) or 107.130(a); the FAA finds a statement of compliance violates 107.5(a); or the Administrator determines an emergency exists related to safety. 

Suppose a safety issue identified under paragraph (c) of this section is unresolved. In that case, the FAA may rescind the declaration of compliance as follows: the FAA will issue a notice proposing to revoke the declaration of compliance and provide the holder with 30 calendar days to submit evidentiary information to refute the proposed notice. 

Suppose the FAA does not receive the information required by paragraph (d)(2)(iii) of this section within 30 calendar days from the date of the issuance of the proposed notice. In that case, the FAA will issue a notice rescinding the declaration of compliance.

(e) Petition to reconsider the rescission of a declaration of compliance. A person subject to an order of rescission under paragraph (d)(3) of this section may petition the FAA to reconsider the rescission of a declaration of compliance by submitting a request to the FAA in a manner specified by the Administrator within 60 days of the date of issuance of the rescission. The petition must demonstrate at least one of the following: a material fact that was not present in the initial response to the notification of the safety issue, a material factual error in the decision to rescind the declaration of compliance, or the FAA did not correctly interpret a law, regulation, or precedent. Upon consideration of the information submitted, the FAA will issue a notice either affirming or withdrawing the rescission.

(f) Inapplicability of part 13, subpart D, of this chapter. Part 13, subpart D, of this chapter, does not apply to the procedures of paragraphs (d) and (e) of this section.

107.165 Record retention.

(a) A person who submits a declaration of compliance under this subpart must retain and make available to the Administrator, upon request, the information described in paragraph (a)(1) of this section for the period described in paragraph (a)(2) of this section.

1. All supporting information used to demonstrate the small unmanned aircraft meets the requirements of §§ 107.120(a) for operations in Category 2 and 107.130(a) for operations in Category 3.
2. The following periods apply:
   • If the person who submits a declaration of compliance manufactures a small unmanned aircraft, that person must keep the information described in paragraph (a)(1) of this section for two years after the small unmanned aircraft system for which the person declared compliance is no longer manufactured.
   • If the person who submits a declaration of compliance designs or modifies a small unmanned aircraft, they must keep the information described in paragraph (a)(1) of this section for two years after the declaration of compliance is submitted.

(b) A person who submits a means of compliance under this subpart must keep and make available to the Administrator, upon request, and for as long as the means of compliance is accepted, a detailed description of the means of compliance and justification demonstrating how the means of compliance meets the requirements of §§ 107.120(a), for operations in Category 2, and 107.130(a), for operations in Category 3.

Subpart E – Waivers

107.200 Waiver policy and requirements.

(a) If the Administrator determines that you can conduct a proposed small UAS operation safely under the terms of that certificate of waiver, the Administrator may issue a certificate of waiver authorizing a deviation from any regulation specified in 107.205.

(b) A request for a certificate of waiver must include a detailed description of the proposed operation and a justification demonstrating that the operation can be safely carried out under the terms of a certificate of waiver.

(c) The Administrator may prescribe additional limitations that the Administrator considers necessary.

(d) A person who receives a certificate of waiver may deviate from the regulations of this part to the extent specified and must comply with any conditions or limitations specified in the certificate of waiver.

107.205 List of regulations subject to waiver.

A certificate of waiver issued according to § 107.200 may authorize a deviation from the following regulations of this part:

(a) Section 107.25—Operation from a moving vehicle or aircraft. However, no waiver of this provision will be issued to allow the carriage of property of another by aircraft for compensation or hire.

(b) Section 107.29(a)(2) and (b)—Anti-collision light required for operations at night and during periods of civil twilight.

(c) Section 107.31—Visual line of sight aircraft operation. However, no waiver of this provision will be issued to allow the carriage of property of another by aircraft for compensation or hire.

(d) Section 107.33—Visual observer.

(e) Section 107.35—Operation of multiple small unmanned aircraft systems.

(f) Section 107.37(a)—Yielding the right of way.

(g) Section 107.39—Operation over people.

(h) Section 107.41—Operation in certain airspace.

(i) Section 107.51—Operating limitations for small unmanned aircraft.

(j) Section 107.145—Operations over moving vehicles.

Summary Explanations of Major References cited in Part 107 above.

• 49 USC 44809 – We explain the exception for limited recreational operations of unmanned aircraft in our Section 44809 Explainer.
• 49 USC 44807  – Despite completing the comprehensive plan and rulemaking required by section 44802 or the guidance needed by section 44806, the Secretary of Transportation has a unique power to evaluate whether specific unmanned aircraft systems can operate safely in the national airspace system. This authority includes a risk-based method to determine whether specific unmanned aircraft systems can operate safely in the national airspace system, an assessment of unmanned aircraft systems, and operational requirements. The power expires on September 30, 2023.
• §§ 91.203(a)(2) – No one may operate a civil aircraft unless they have an active US registration certificate, an Aircraft Registration Application, a Certificate of Aircraft Registration, or a registration certification obtained under the laws of another country.
• §§ 91.17 – No person can act as a crewmember of a civil aircraft until 8 hours after consumption of alcohol, under the influence of alcohol, using a drug that affects their faculties, or having an alcohol concentration of 0.04 or greater in a blood or breath specimen.
• §§ 91.19 – No person may operate a civil aircraft with knowledge of carrying narcotic drugs, marihuana, and depressant or stimulant drugs or substances. Paragraph (b) of this section does not apply to any carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances authorized by any Federal or State statute or agency.
• Part 61 – Certification requirements and regulations: Pilots, Flight Instructors, and Ground Instructors at drone pilot ground school.
• §§ 89.110 – A person must operate a standard remote identification unmanned aircraft under the following conditions: operating requirements, standard remote identification unmanned aircraft requirements, and an FAA-accepted statement of conformity. The serial number of the unmanned aircraft must be recorded on an FAA-accepted declaration of compliance, the remote identification equipment must be operational, and the serial number must be included on the Certificate of Aircraft Registration.
• §§ 89.115(a) – Specifies Alternative Remote Identification Methods.
• Part 21 – Specifies regulations on Certification procedures for Products and Articles.
• Part 43 – Specifies the practices, procedures, and regulatory requirements for Maintenance, Preventive Maintenance, Rebuilding, and Alteration of Aircraft. 

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NOTE: This page is about the Regulation of Unmanned Aerial Vehicles: Small Unmanned Aerial Systems (SUAS), Small UAS, Remote Piloted Aerial Systems (RPAS), unmanned aerial vehicle (UAV), Unmanned Aerial System (UAS), and drone are interchangeable terms unless specified. Model Aircraft, toy, remote-controlled, and RC aircraft may be covered by the same regulations unless specified.

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