2 Part 48

A substantial portion of the test will be over Part 107. But within Part 107 are links to other parts of the Federal Aviation Regulations that you’ll have to know. The first is Part 48.

Important

You should read Part 48, but understand regulations are very formal and contain a lot of stuff you don’t need to note nor remember.

One way to frame your reading, and one way you can interpret the questions the FAA will ask is like this: Who is responsible? What are they responsible for? How do they comply? Every question on the knowledge exam is rooted in these questions.

What follows is a short summary of the major parts of Part 48. You should read both regulations and refer to this summary for understanding.

Before you fly your drone, you have to register it. In late 2015, the FAA added Part 48 to the Federal Aviation Regulations requiring registration of drones. Registration is online and costs $5. Below are the important sections of Part 48 – you should read the whole thing – and a note after each giving you a “short version” translation of the regulatory language.

2.1 Subpart A: Who has to register?

48.15 Requirement to register: No person may operate a small unmanned aircraft that is eligible for registration under 49 U.S.C. 44101-44103 unless one of the following criteria has been satisfied:

The owner has registered and marked the aircraft in accordance with this part;
The aircraft is operated exclusively in compliance with 49 U.S.C. 44809 and weighs 0.55 pounds or less on takeoff, including everything that is on board or otherwise attached to the aircraft; or
The aircraft is an aircraft of the Armed Forces of the United States.

The important notes here are that if your drone weighs more than .55 pounds, you have to register it. If it weights .55 pounds or less and you use it for commercial purposes, you still have to register it. Only tiny hobby drones avoid registration.

48.20 Eligibility for registration: A small unmanned aircraft may be registered under 49 U.S.C. 44103 and under this part only when the aircraft is not registered under the laws of a foreign country and is -

Owned by a U.S. citizen;
Owned by an individual citizen of a foreign country lawfully admitted for permanent residence in the United States;
Owned by a corporation not a citizen of the United States when the corporation is organized and doing business under the laws of the United States or a State within the United States, and the aircraft is based and primarily used in the United States; or
An aircraft of -

The United States Government; or
A State, the District of Columbia, a territory or possession of the United States, or a political subdivision of a State, territory, or possession.

Citizens, foreigners admitted for permanent residence in the US, corporations doing business in the US and governments must register. If you work for a company and they are paying your insurance, they should register it. Ideally, one person should be responsible for those registrations in order to track them.

48.25 Applicants:

To register a small unmanned aircraft in the United States under this part, a person must provide the information required by § 48.100 to the Registry in the form and manner prescribed by the Administrator. Upon submission of this information, the FAA issues a Certificate of Aircraft Registration to that person.
A small unmanned aircraft must be registered by its owner using the legal name of its owner, unless the owner is less than 13 years of age. If the owner is less than 13 years of age, then the small unmanned aircraft must be registered by a person who is at least 13 years of age.
In accordance with 49 U.S.C. 44103(c), registration is not evidence of aircraft ownership in any proceeding in which ownership of an unmanned aircraft by a particular person is in issue.
In this part, “owner” includes a buyer in possession, a bailee, a lessee of a small unmanned aircraft under a contract of conditional sale, and the assignee of that person.

A drone must be registered to its owner, unless the owner is less than 13 years old. The reason for the cutoff? Federal privacy laws.

48.30 Fees:

The important part in this section is that registering your drone will cost you $5. So will renewing it. Doesn’t matter how big, or small. It’s $5.

2.2 Subpart B: What is required to register?

48.100 and 48.105 Registration:

I’m lumping these together because they’re almost identical. 48.100 is for non-hobby drones – i.e. you, the professional – and 48.105 is for hobby drones. The difference? There are more reasons for a non-hobby drone to fall into non-valid status.

What is the same?

You’re issued a certificate of registration from the FAA.
It’s valid from the date you receive it. It’s done online so it’s pretty much the day you register.
Your registration expired in three years. You can renew it.

Part (d) is where things diverge.

For commercial drones: your registration can be cancelled, revoked or be out of compliance if:

Subject to the Convention on the International Recognition of Rights in Aircraft when applicable, the aircraft is registered under the laws of a foreign country.
The small unmanned aircraft is totally destroyed or scrapped.
The holder of the Certificate of Aircraft Registration loses U.S. citizenship.
Thirty days have elapsed since the death of the holder of the Certificate of Aircraft Registration.
The owner, if an individual who is not a citizen of the United States, loses status as a resident alien, unless that person becomes a citizen of the United States at the same time.
The owner is a corporation other than a corporation which is a citizen of the United States and one of the following events occurs:

The corporation ceases to be lawfully organized and doing business under the laws of the United States or any State thereof; or
The aircraft was not operated exclusively within the United States during the period of registration under this part.

For hobby drones, the reasons to lose the certificate are death, loss of citizenship or loss of resident alien status (i.e. someone gets deported).

48.110 Application:

Required information: Persons intending to use the small unmanned aircraft as other than a model aircraft. Each applicant for a Certificate of Aircraft Registration issued under this part must submit all of the following information to the Registry:

Applicant name and, for an applicant other than an individual, the name of the authorized representative applying for a Certificate of Aircraft Registration.
Applicant’s physical address and, for an applicant other than an individual, the physical address for the authorized representative. If the applicant or authorized representative does not receive mail at their physical address, a mailing address must also be provided.
Applicant’s email address or, for applicants other than individuals, the email address of the authorized representative.
The aircraft manufacturer and model name.
The aircraft serial number, if available.
For any standard remote identification unmanned aircraft, the serial number issued by the manufacturer of the unmanned aircraft in accordance with the design and production requirements of part 89 of this chapter. The serial number provided in this application must not be listed on more than one Certificate of Aircraft Registration at the same time.
For any unmanned aircraft equipped with a remote identification broadcast module, the serial number issued by the manufacturer of the remote identification broadcast module in accordance with the design and production requirements of part 89 of this chapter. An applicant may submit the serial number of more than one remote identification broadcast module as part of the application for aircraft registration under § 48.105. The serial number of a remote identification broadcast module provided in this application must not be listed on more than one Certificate of Aircraft Registration at the same time.
Other information as required by the Administrator.

There is no difference between non-hobby and hobby aircraft here. You’ve got to provide this info to the FAA if you’re required to register, and pretty much everyone is.

48.115 Requirement to maintain current information:

The holder of a Certificate of Aircraft Registration must ensure that the information provided under § 48.100 remains accurate.
The holder of a Certificate of Aircraft Registration must update the information using the web-based small unmanned aircraft registration system within 14 calendar days of the following:

A change in the information provided under § 48.100.
When aircraft registration requires cancellation for any reason including sale or transfer, destruction, or export.

You have 14 days to update information when it changes.

48.120 Invalid Application: The registration of a small unmanned aircraft is invalid if, at the time it is made -

The aircraft is registered in a foreign country;
The applicant is not the owner, except when the applicant registers on behalf of an owner who is under 13 years of age;
The applicant is not eligible to submit an application under this part; or
The interest of the applicant in the aircraft was created by a transaction that was not entered into in good faith, but rather was made to avoid (with or without the owner’s knowledge) compliance with 49 U.S.C. 44101-44103.

2.3 Subpart C

48.205 Display and location of unique identifier:

The unique identifier must be maintained in a condition that is legible.
The unique identifier must be affixed to the small unmanned aircraft by any means necessary to ensure that it will remain affixed for the duration of each operation.
The unique identifier must be readily accessible and visible upon inspection of the small unmanned aircraft. A unique identifier enclosed in a compartment is readily accessible if it can be accessed without the use of any tool.

This doesn’t have to be art. Label makers, taped down pieces of paper – just about anything will work so long as it’s readable and doesn’t require tools to get access to it.