Description

This article provides an overview of current and pending U.S. Federal Aviation Regulations. It also provides references and links to selected guidance materials for the operation of Small Unmanned Aircraft Systems (sUAS) in the United States. The article distinguishes between requirements for recreational use and those for commercial use of UASs. For regulatory purposes, small UASs are defined as those weighing less than 55 pounds. (NOTE: Small UASs fall under Title 14 of the Code of Federal Regulations Part 107. Large UASs, weighing more than 55 pounds, fall under CFR Part 91.)

Recreational Use

Unmanned small aircraft used strictly for recreational purposes fall under FAA Advisory Circular 91-57C, dated October 20, 2022. This AC provides information on certain relief from more stringent regulations found in Title 14 of the Code of Federal Regulations Part 107, Small Unmanned Aircraft Systems. Those operating UASs under these recreational use rules must meet nine conditions, set in 49 USC 44809:

1. The aircraft is flown strictly for recreational purposes. However, "recreational purposes" can include education or research.
2. The aircraft is operated under the guidelines of an FAA-recognized Community-Based Organization (CBO). Recognized CBOs include the Academy of Model Aeronautics, the First Person View Freedom Coalition, the Flite Test Community Association, and STEM+C, Inc.
3. The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co-located and in direct communication with the operator.
4. The unmanned aircraft must give way to and not interfere with any manned aircraft.
5. In controlled airspace, the aircraft is flown at or below FAA-authorized altitudes, and only with prior FAA authorization through the Low Altitude Authorization and Notification Capability (LAANC) or FAA DroneZone.
6. In uncontrolled airspace, the aircraft is flown at or below 400 feet.
7. The operator has taken The Recreational UAS Safety Test (TRUST) and carries proof of test passage.
8. The aircraft is marked with its registration number, and the operator carries proof of registration.

9. The aircraft is not operated in a manner that endangers the safety of the national airspace system.

The FAA notes that the absence of compensation does not necessarily mean a flight is recreational. Non-recreational uses can include goodwill missions such as volunteering to operate a drone to survey coastlines for a nonprofit organization. The FAA says when in doubt, fly under Part 107 rules.

Non-recreational Use (Code of Federal Regulations Part 107)

The purpose of Part 107 is to:

• Set rules for the operation of UAS aircraft.
• Set rules for the certification of UAS pilots.
• Set maintenance and inspection requirements.

• Set rules for operating UAS aircraft over people.

Operating Requirements

Operating rules under Part 107 cover issues such as the following:

• A remote pilot in command (PIC) has final authority for safe operation just like the PIC of a manned aircraft.
• A remote PIC cannot operate more than one aircraft at a time.
• The aircraft must be kept within the Visual Line of Sight (VLOS) with unaided vision throughout the entire flight. Unaided vision does not exclude the use of eyeglasses or contact lenses.
• Flights in controlled airspace require prior authorization from Air Traffic Control (ATC).
• For night flights, the remote PIC must have completed either an initial knowledge test or recurrent training that includes night operations. The aircraft must have anti-collision lighting visible for at least 3 statute miles.
• Small UAS aircraft cannot fly faster than 87 knots (100 miles per hour).
• Small UAS aircraft cannot fly higher than 400 feet above ground level (AGL) unless flown within a 400-foot radius of a structure, in which case the aircraft may not fly higher than 400 feet above the structure's uppermost limit.
• Minimum visibility as observed from the control station may not be less than 3 statute miles.
• Minimum distance from clouds must be no less than 500 below a cloud and no less than 2,000 feet horizontally from a cloud.
• The remote PIC has the responsibility to see and avoid other aircraft.
• Operating an unmanned aircraft from a moving aircraft is prohibited.

• As with manned aircraft, careless and reckless operation is prohibited.

Pilot Certification

To act as a remote PIC, an individual must have a Remote Pilot Certificate with a small UAS rating. Applicants must be at least 16 years of age, must be proficient in English, must be in a mental and physical condition that would not interfere with safe operation of a UAS, and pass an initial aeronautical knowledge test. However, an individual who already holds a pilot certificate under 14 CFR Part 61, other than a student pilot certificate, and meets flight review requirements, is only required to complete Part 107 online training.

Maintenance and Inspection

Part 107 says operators should adhere to any scheduled maintenance recommended by a UAS manufacturer. It adds that flights should not occur if an aircraft is found in need of unscheduled service such as lubrication, repair, or software upgrades. The FAA also recommends preflight inspections that cover items such as the following:

• Visual condition inspection of components
• Airframe structure and flight control surfaces
• Registration markings
• Fuel level
• Control link connectivity between aircraft and control station
• Display panel function
• Correct movement of control surfaces using the control station
• UAS compass
• Propeller condition and operation
• Battery levels for aircraft and control station

Operating UAS Aircraft Over People

Part 107 establishes four categories of permissible operations over people. Category 1 is limited to a maximum weight of 0.55 pounds. Categories 2 and 3 may be conducted only with small unmanned aircraft that fulfill performance-based safety requirements, which limit the risk and severity of injuries based on potential hazards. Category 4 allows small unmanned aircraft issued an airworthiness certificate under 14 CFR Part 21 to operate over people in accordance with Part 107, so long as operating limitations do not prohibit such operations.

Tables included in AC 107-2A cover which categories of aircraft may be used in various situations, such as over moving vehicles or over people within a closed or restricted access site, or not within a closed or restricted site.

Beyond Visual Line of Sight

The FAA defines Beyond Visual Line of Sight (BVLOS) as a broad spread of existing and potential uncrewed aircraft system (UAS) operations whose only common factor is the aircraft being out of the direct visual line of sight of the remote pilot. BVLOS operations allow for coverage of a much greater area for missions such as photography, surveys, and inspections.

In May of 2024, Congress passed an FAA reauthorization bill that requires the FAA to establish a final rule on BVLOS flights within 20 months. The rule will replace the current system of requiring operators to apply for individual waivers to existing regulations. Some operators have said they welcome a new rule because the waiver process can be cumbersome and time-consuming.

Further Reading

• Recreational Flyers & Community-Based Organizations (FAA
• The FAA UAS home page
• Part 107 - Small Unmanned Aircraft Systems (full text)
• FAA Advisory Circular (AC) 107-2A, Small Unmanned Aircraft System (Small UAS), 1 Feb. 2021.
• NTIA Voluntary Best Practices for UAS Privacy, Transparency, and Accountability
• Advisory Circular on Model Aircraft Operating Standards