4 Part 107
Part 107 is a significant component of the certification test, covering a wide range of operational aspects for drone pilots. Understanding these regulations is crucial for both direct knowledge questions and applied scenarios.
Reading Focus: Consider who is responsible, their responsibilities, and compliance methods when interpreting FAA questions.
It’s essential to thoroughly read Part 107. Below is a summarized overview of the key sections with simplified explanations.
4.1 Subpart A: What you must do
107.3 Definitions
Review these as they form the foundation of understanding Part 107.
107.5 Falsification, Reproduction, or Alteration
Falsifying information can lead to application denial, certificate revocation, or civil penalties.
107.7 Inspection, Testing, and Demonstration of Compliance
A section like this exists for all pilots, but in short, it says you must produce all Part 107 or Part 48 related documents if asked. Part 107 says “The Administrator” but they mean any FAA designated person. Most often this will be in the form of the local Flight Standards District Office (FSDO). You must also allow The Administrator to conduct a test or inspection of the drone, the pilot in command or the visual observer. You also have to provide your documents to federal, state and local law enforcement. Common sense tells you it would be wise to have these documents on you at all times, and that local law enforcement will be your most likely first point of contact.
107.9 Accident Reporting
No later than 10 days, you must report accidents to the FAA that result in “serious injury to any person or any loss of consciousness,” or property damage exceeds $500 (to repair or replace). The damage amount does not include your drone. It’s to property that isn’t yours.
4.2 Subpart B: What you can’t do
107.12 Remote Pilot Certificate Requirement
This section just says you must have a remote pilot certificate if you fly for non-hobby purposes OR you must be under the direct supervision of someone who does have a certificate who can take control immediately if needed.
107.15 Condition for Safe Operation
No one may operate a drone under 107 that isn’t in a safe condition to operated. It is the pilot in command’s responsibility to do a pre-flight check to ensure it is safe. No flight may continue if the pilot in command has reason to believe it’s no longer safe. In short: Don’t fly if something seems wrong, and don’t continue if you notice something isn’t right.
107.17 Medical Condition
If you have a medical condition that would interfere with safe operations, you can’t fly the drone.
107.19 Remote Pilot in Command
You must designate a pilot in command. They are the final authority and responsible party for the operation. They must ensure no undue hazard to people, aircraft or property in the event of a loss of control. The pilot also must be able to to fly the drone in compliance with Part 107.
107.21 In-flight Emergency
In an in-flight emergency, a pilot in command can deviate from any Part 107 rule “to the extent necessary to meet that emergency.” If you do so, the Administrator may request a written report that you must submit.
107.23 Hazardous Operation
You may not operate in a “careless or reckless manner so as to endanger the life or property of another” or drop anything from your drone that creates an undue hazard to persons or property. NOTE: Careless or reckless manner will be on the test somewhere, almost guaranteed. The FAA has been pushing this reckless operations idea for years now.
107.25 Operations from a Moving Vehicle or Aircraft
You can’t operate from a moving aircraft. You CAN operate from a moving car or boat IF you are in a sparsely populated area and not transporting property for hire. So from a boat in the open? Fine. From a tractor in a field? Fine. From a helicopter in flight? Nope. And you can’t deliver a sandwich (or anything not yours) doing it.
107.27 Alcohol or Drugs
Adhere to 14 CFR Part 91.17 and 91.19 regarding alcohol and drug use. The important parts: The rule on alcohol is “8 hours bottle to throttle” is how all pilots remember it. It regularly appears on the pilot’s knowledge exam. If you’ve had alcohol within the previous 8 hours, or are under the influence of alcohol or using drugs (prescription or otherwise) that may affect your faculties, you may not fly. If the FAA believes you flew drunk or on drugs, you must provide results of a test taken within 4 hours of acting or attempting to act as the pilot in command. 91.19 says you may not transport illegal drugs with your drone, unless you are a law enforcement officer (in case you were wondering).
107.29 Daylight Operation
No night operations unless your drone is equipped with anti-collision lighting “visible for at least 3 statute miles.” Same goes for civil twilight, which is 30 minutes before official sunrise or 30 minutes after official sunset (except in Alaska). After sunset or before sunrise, you have to have anti-collision strobes.
107.31 Visual Line of Sight Operations
The pilot in command and the visual observer must be able to see the device unaided to 1) know the aircraft’s location 2) determine altitude, attitude, direction of flight 3) observe the airspace for other air traffic or hazards 4) determine the aircraft is not endangering life or property. A visual observer can be the person with eyes on the drone, which means a pilot using FPV (First Person View) goggles *must* have a visual observer with eyes on the drone at all times.
107.33 Visual Observer
You are not required to use a visual observer. But if you do, they must 1) maintain effective communication with each other at all times 2) be able to see the aircraft at all times. Their job is to help scan the airspace for any potential collision hazard and to maintain awareness of the position of the aircraft.
107.35 Operation of Multiple Small Unmanned Aircraft
Can’t do it. One pilot, one aircraft.
107.36 Carriage of Hazardous Materials
Transporting hazardous materials is prohibited.
107.37 Operation Near Aircraft; Right-of-way Rules
The drone gives way to the manned aircraft always. You may not operate so close to an aircraft to create a collision hazard.
107.39 Operation Over Human Beings
No operations over people unless they are directly participating in the operation of the craft (i.e. pilot or observer); they are under a covered structure or inside a stationary vehicle that can provide reasonable protection; you are flying a drone that complies with Subpart D (more on that later). Operations over moving vehicles is prohibited.
107.41 Operations in Certain Airspace
No operation in Class B, C or D or E airspace without ATC authorization.
107.43 Operation in the Vicinity of Airports
You may not interfere with operations and traffic patterns at any airport, heliport or seaplane base.
107.45 Operation in Prohibited or Restricted Areas
Requires authorization from the controlling agency.
107.47 Flight Restrictions in the Proximity of Certain Areas
Comply with special security instructions and temporary flight restrictions as per 91.137-91.145 and 99.7. Let’s split this up: You must comply with 91.137 through 91.145 and 99.7. Let’s split this up:
99.7 Special security instructions: It says if you fly in an air defense identified zone, you have to comply with instructions from both the military and the FAA to protect national security.
91.137-91.145 Temporary flight restrictions (TFRs): The summary of these sections are that if a Notice To Airmen (NOTAM) has been issued restricting flight in an area, you may not fly there unless you get permission from ATC and comply with a list of rules that is going to make it very hard for drones to get permission. 91.137 is about natural disasters. It allows flights in support of hazard operations, Instrument Flight Rules flight plans, which drones can’t do, or is carrying “properly accredited” news representatives and a flight plan has been filed with the appropriate FAA or ATC facility specified in the NOTAM. 91.138 only deals with disasters in Hawaii. It’s identical to 91.137 except that the NOTAM can be cancelled at the request of the Hawaiian government. 91.140 just establishes that the FAA will use NOTAMs to control airspace if needed. 91.141 says no flying near the president or vice president, and there is no ATC permission here. 91.143 says no flying near space flight operations. 91.144 allows the FAA to issue TFRs in unusually high barometric pressure conditions. 91.145 says the FAA will issue a NOTAM around a long list of sporting events and large air shows. You can fly there with ATC permission.
107.49 Preflight Familiarization, Inspection, and Actions
First things first: This is the pilot in command’s job and responsibility. They will ask. Prior to the flight, the PIC must:
- Assess the operating environment to ensure it’s safe, to include weather, airspace, TFRs, where people or property are and other ground hazards.
- Brief everyone about the operations, conditions, emergency procedures, contingency plans, roles, responsibilities and potential hazards.
- Ensure control linkages between ground and aircraft work.
- Ensure there’s enough battery power for the proposed flight
- Ensure anything attached to the drone is secure and doesn’t affect the controls.
- If you’re going to fly over people, you have to comply with all parts of Subpart D.
107.51 Operating Limitations
These are easy to summarize:
- Can’t go faster than 87 knots/100 miles per hour.
- 400 feet is the maximum altitude UNLESS you are flying within 400 feet of a building and you don’t fly higher than 400 feet of the top of the building. Manned pilots have to remain 1,000 feet from tall structures or must be 500 feet above the structure.
- 3 statute miles of visibility at your location.
- 500 feet below clouds. So a cloud ceiling of 700 feet will limit your maximum altitude to 200 feet.
- 2,000 feet horizontally from clouds.
4.3 Subpart C: Your certification and how to lose it
107.52 and 53
You may not operate a drone with a transponder or ADS-B Out. These are reserved for manned aircraft (and are huge, so not going to fit on most camera drones anyway).
107.57 Offenses involving alcohol or drugs
A drug conviction is grounds for denying, suspending or revoking your remote pilot certificate.
107.59 Refusal to submit to an alcohol test or furnish test results
Grounds for denying, suspending or revoking your remote pilot certificate.
107.61 Eligibility
To get a remote pilot certificate with small UAS rating, you must: Be at least 16, be able to read, speak, write and understand English, not have a mental or physical condition that would affect your ability to fly safe, and be able to pass the Part 107 test.
107.63 Issuance of a remote pilot certificate with a small UAS rating
You have to apply, online or on paper. You must include evidence that you passed the test. Your test center will help you with this.
107.64 Temporary Certificate
A temporary certificate will be issued that’s valid for 120 days or until a permanent certificate will be issued by the FAA.
107.65 Aeronautical knowledge recency
You’ll have to take a recurrent knowledge test every 24 months after you pass the initial test. It is now an online refresher course with a test at the end and it is free.
107.67 Knowledge test: general procedures and passing grades
Bring proper ID – a driver’s license works – that has a photo, a signature, a DOB and a permanent mailing address. Passing score is a 70 percent, but that is not specified in Part 107.
107.69 Knowledge tests: Cheating or other unauthorized conduct
Don’t cheat. Read the rest for details.
107.71 Retesting after failure
You can retake the test if you fail, but not for 14 days.
107.73 Initial and recurrent knowledge tests
The subjects covered are:
- Regulations covering small unmanned system rating privileges, limitations and flight operation
- Airspace, operating requirements and flight restrictions for UAS
- Effects on weather on small unmanned aircraft performance
- Small unmanned aircraft loading
- Emergency procedures
- Crew resource management
- Determining performance of small unmanned aircraft
- Maintenance and pre-flight procedures
- Operations at night
4.4 Subpart D: Operations Over People
This is the newest part of Part 107, so new that most manufacturers don’t have products on the market that meets these requirements. That will change.
The basic breakdown here is there’s four categories where flight over people is allowed. They run in a sort of order.
107.110 Category 1 operations
To qualify here, you have to be .55 pounds or less all in – camera, safety equipment, everything – and you must cage your rotors. No exposed parts that could cut someone. And you have to comply with remote ID rules. So small and light and not going to hurt someone.
107.115 and 120 Category 2 operations
To qualify here, the drone has to be designed that if it were to hit someone, it would be the equivalent of “a transfer of 11 foot-pounds of kinetic energy.” This too must not have exposed rotating parts. Most of the rules in category 2 are aimed at manufacturers, such as it must be labeled as being able to conduct category 2 operations and have instructions on how to operate the category 2 compliant drone.
107.125 and 130 Category 3 operations
To qualify here, the drone has to be designed that if it were to hit someone, it would be the equivalent of “a transfer of 25 foot-pounds of kinetic energy.” No exposed rotating parts either. The difference here is that in category 3, you can’t operate over open-air assemblies. Category 3 requires controlled environments – i.e. movie sets, commercial shoots, places with restricted access and notifying people that a drone will be flying over them.
107.140 Category 4 operations
To qualify here, the drone has to go through the FAA’s airworthiness certiciate process. For manned aircraft, this process can take years and is extensive. Category 4 is the most narrow of restrictions, and will be for very specialized equipment.
107.145 Operations over moving vehicles
Subpart D does allow for flight over moving vehicles IF: 1) the drone complies with one of the four categories and 2) the moving vehicle is in a closed or restricted access site, all people are inside the vehicle and they have been notified of the drone flying over them. So no flying over everyday traffic, even if you have a Subpart D compliant drone.
107.155 and beyond
These are all establishing what manufacturers must do to be in compliance with subpart D. It’s also here if an individual wants to try and make their own compliant drone. Questions about this are unlikely on the exam.
4.5 Subpart E: Waivers
107.200 Waivers
You can request a waiver from these rules and if the FAA determines you can do it safely, they can grant it. But you can only deviate how they authorize and you must follow it.
107.205 List of regulations subject to waiver
107.25 operations from a moving vehicle; 107.29 Daylight operations; 107.31 Visual line of sight aircraft operation; 107.33 Visual observer; 107.35 Operation of multiple small unmanned aircraft systems; 107.37(a) Yielding the right of way; 107.39 operation over people; 107.41 operation in certain airspace; 107.51 operating limitations for small unmanned aircraft.