You just bought your first drone, the batteries are charged, and you're ready to run outside to see what it can do, but wait! Before you take to the sky, you must make sure you're following the law. As with most mobile devices that can interact with other people, wildlife, and public property, there are laws to ensure everyone’s safety. This article will go over, in general terms, the rules and regulations that apply to flying drones within the United States. By no means is this article complete or official, as drone regulations are complex and vary from region to region, but this information will point you in the right direction on how to legally take to the air.
Who Makes the Rules?
When flying a drone in the United States, you're subject to the rules and regulations set in place by the FAA (Federal Aviation Administration), as well as state and local laws, which can typically include various departments of transportation, but it's the FAA rules that are the primary guidelines which all pilots should be aware of. The FAA offers two main sets of rules that generally apply based on why you're flying and how heavy your drone is.
If you're flying just for fun and your drone weighs less than 0.55 pounds (250 grams), then you would be considered a "Recreational Flyer." If you're flying for professional or commercial purposes and/or your drone weighs over 0.55 pounds, but below 55 pounds, then you need to be a "Certificated Remote Pilot." Different rules apply to drones over 55 pounds and are outside the scope of this article.
For the most part, if you're firmly outside the Recreational Flyer designation, or are just unsure which kind of pilot you are, then you would be flying under "Part 107." Technically, "14 CFR Part 107" or the "Small UAS Rule". Recreational Flyers are only required to follow the "44809 exemption," which is a section of Part 107 that governs recreational flight.
Below are some essential components of each rule set, but remember this is not a comprehensive list.
Recreational Flyers
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Pilots must pass TRUST (The Recreational UAS Safety Test), which is free online, and provide proof of passage if asked by FAA officials or local law enforcement.
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Drones can only be flown at or below 400 feet.
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Drones must be flown within line of sight of the pilot or a visual observer in direct communication with the pilot.
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The drone must weigh less than 0.55 pounds (250 grams) at takeoff. (Note this rule! Some drones weigh less than 250 g, but compatible accessories can push it over the limit!)
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Drones cannot be flown for financial compensation.
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Flights must be in accordance of FAA-recognized CBO (Community Based Organization) safety guidelines, but pilots do not need to join a specific CBO.
Certificated Remote Pilot
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Drone pilots must be at least 16 years old.
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Pilots must become an FAA-certified drone pilot by passing the Knowledge Test.
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Pilots must obtain an FAA Tracking Number (FTN) and complete FAA form 8710-13.
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Pilots must register their drone with the FAA. As of this writing, that only costs $5 and the registration lasts for 3 years.
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The pilot or visual observer must always have the drone within their visible sight.
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You cannot fly over anyone who is not participating in the operation.
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Waivers may be needed to pilot from a moving vehicle or at night.
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If using FPV goggles, a secondary visual observer/spotter is required.
Understanding Remote ID
Remote ID is one of the latest drone technologies that applies to nearly every drone and pilot. It gives a drone the ability to provide identification and location information to others via a broadcast signal, and is the cornerstone of a safe and secure flight. The only time your drone does not require Remote ID functionality is if it is under 0.55 pounds (250 grams), and you do not have to fly under any Part 107 guidelines. If your drone is too heavy, you fall outside the scope of a Recreational Flyer, or ever register the drone with the FAA, you must have Remote ID. There are three ways to be compliant with this particular law:
1. If your drone has Remote ID technology built-in
2. By adding a Remote ID Broadcast Module to an existing drone
3. By flying without a Remote ID, with the drone within line of sight, and within a FRIA (FAA-Recognized Identification Area)
Making Things Easier
Even with this brief overview of the rules and regulations, it’s probably clear that it can be a daunting task to ensure that you're safe to legally fly in a particular location. Thankfully, the FAA has created the B4UFLY service and approved multiple companies to provide desktop and mobile applications in support of it.
These apps are meant to show pilots if they can or cannot fly their drone where they currently are. They also provide other features, such as interactive maps with filters and links to FAA drone resources. Currently there’s a desktop application and a mobile app for iOS and Android devices.
The More You Know
With the proliferation of personal drones, the skies will never be completely clear again, which is why the laws and regulations of piloting them are detailed and ever-changing. They are also essential to ensuring everyone's safety and pilots should be aware of which rules apply to them. Feel free to click on any highlighted text throughout this article to head to official websites for even more information, such as B&H, where you'll find all of the drones and accessories you'll need when you finally take flight.
