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Part 107 vs recreational drone flying: do you need a Remote Pilot Certificate?

The FAA has two sets of rules for small drones: Part 107 and the recreational exception. Which one you fly under decides whether you need a Remote Pilot Certificate.
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You need a Remote Pilot Certificate, often called a Part 107 license, for almost any drone flight that is not purely for fun. If you fly only for recreation and personal enjoyment, you can fly under the exception for limited recreational operations instead, which needs a free online safety test called TRUST, not a certificate (FAA, Recreational Flyers). Being paid is not what decides it. The FAA says compensation, or the lack of it, does not determine whether a flight was recreational, and that when in doubt you should assume you are flying under Part 107 (FAA, Recreational Flyers).

Two sets of rules

The FAA describes two sets of rules for small drones (FAA, Recreational Flyers):

  • Part 107, the Small UAS Rule. It lets certificated remote pilots fly for work or business, and it is the default rule for non-recreational flying with drones under 55 pounds. To count as a small unmanned aircraft, the drone has to weigh under 55 pounds at takeoff, with everything carried on or attached to it (14 CFR 107.3).
  • The recreational exception. Congress created a limited exception, in 49 U.S.C. 44809, so people flying purely for fun or personal enjoyment can fly without complying with Part 107. Part 107 itself says it does not apply to aircraft flown under that exception (14 CFR 107.1(b)(2)).

What counts as recreational?

The FAA warns that many people assume a recreational flight simply means not flying for a business or not being paid, and that it is not correct to treat this as the single deciding factor. Its examples of non-recreational flights under Part 107 include (FAA, Recreational Flyers):

  • taking photos to help sell a property or service;
  • roof inspections; and
  • taking pictures of a high school football game for the school's website.

The FAA adds that goodwill flights can also be non-recreational, such as volunteering to survey coastlines for a nonprofit organization (FAA, Recreational Flyers).

If you fly for commercial, government or any other non-recreational purpose, the FAA says you must become a certificated remote pilot (FAA, Getting Started). Still unsure? The FAA has a short "What kind of drone flyer are you?" tool.

The recreational rules in brief

Flying for fun is not rule-free. Under the exception, the FAA lists these requirements (FAA, Recreational Flyers):

  • Fly only for recreational purposes (personal enjoyment).
  • Follow the safety guidelines of an FAA-recognized community-based organization.
  • Keep the drone in your own visual line of sight, or use a visual observer who is physically next to you and in direct communication with you.
  • Give way to, and don't interfere with, other aircraft.
  • In controlled airspace (Class B, C, D and surface Class E designated for an airport), fly only with prior FAA authorization through LAANC or DroneZone, at or below the authorized altitude.
  • Fly at or below 400 feet in Class G (uncontrolled) airspace.
  • Pass TRUST and carry proof of passing when you fly.
  • Have a current registration when one is required, mark the drone on the outside with the registration number, and carry proof of registration.
  • Don't fly in a way that endangers the safety of the national airspace system.

At night, recreational flyers must follow a community-based organization's safety guidelines that include night procedures and the lighting required (FAA, Getting Started).

TRUST is not a Remote Pilot Certificate

The law requires recreational flyers to pass an aeronautical knowledge and safety test, and TRUST (The Recreational UAS Safety Test) was developed to meet it. You take it free and online through one of the test administrators the FAA has approved. Every question can be corrected to 100% before the certificate is issued. Save or print your completion certificate: the administrators don't keep a record, so if you lose it you have to take TRUST again, and you must show it if law enforcement asks (FAA, TRUST).

TRUST covers recreational flying only. Acting as remote pilot in command under Part 107 takes a Remote Pilot Certificate carrying a small UAS rating, and you must also be current under 107.65 (14 CFR 107.12(b)).

Registration: the 0.55-pound line

Under the recreational exception, a drone that weighs 0.55 pounds or less at takeoff, counting everything on board or attached, doesn't have to be registered (14 CFR 48.15(b)). The FAA describes that as less than 250 grams (FAA, How to Register Your Drone). Heavier recreational drones must be registered.

Under Part 107 there is no weight exception. Part 107 requires registration (14 CFR 107.13), and the 0.55-pound exception in Part 48 applies only to drones flown exclusively under the recreational exception (14 CFR 48.15). The two kinds of registration also work differently (FAA, How to Register Your Drone):

  • Part 107: $5 per drone, valid for 3 years.
  • Recreational: $5 for one registration that covers all the drones in your inventory, valid for 3 years.
  • No swapping: a drone registered under the recreational exception can't be flown under Part 107, and a registration can't be transferred between the two.

Registration also triggers Remote ID. The Remote ID rules apply to drones that are registered or required to be registered (14 CFR 89.101), whether they fly for recreation, business or public safety (FAA, Remote ID). Our Remote ID guide explains the three ways to comply.

What Part 107 asks of you

First-time applicants for a Remote Pilot Certificate must be 16 or older, able to read, write, speak and understand English, physically and mentally fit to fly a drone safely, and must pass the initial knowledge test, Unmanned Aircraft General - Small (UAG) (FAA: Become a Drone Pilot) (14 CFR 107.61). After that, to keep flying you must have completed recurrent training within the previous 24 calendar months; the FAA's online course for this costs nothing (14 CFR 107.65) (FAA: Become a Drone Pilot). Our step-by-step guide on how to get your Remote Pilot Certificate covers the process.

Then come the operating rules. A few of the main ones:

  • A 400-foot ceiling above ground level, which can be exceeded only within 400 feet of a structure and by no more than 400 feet above its top; groundspeed no more than 87 knots; at least 3 statute miles of visibility; and set distances from clouds (14 CFR 107.51).
  • Prior authorization from air traffic control for Class B, C and D airspace and the surface area of Class E designated for an airport (14 CFR 107.41).
  • Rules for flying at night and over people, and waivers for some rules when you can show the flight is still safe. See Part 107 night flying rules and Part 107 waivers explained.

The Part 107 key numbers page lists the figures you need to know, each with its source.

How to decide

  1. Ask why you are flying. If the only reason is your own enjoyment, the recreational exception may fit, as long as you meet every one of its conditions.
  2. If the flight helps a business, a client, an employer, a school's website or a nonprofit, plan on Part 107, paid or not.
  3. If you can't tell, follow the FAA's advice and assume Part 107.

If Part 107 is the right fit, for most first-time pilots the next step is the knowledge test. Our guide on how to study for the Part 107 test sets out a plan. Try the free 20-question Part 107 practice test to see where you stand, and when you are ready to study properly, Part 107 Complete ($39, one-time) covers every topic with lessons, practice questions and timed mock exams.

Questions people ask

Do I need a Remote Pilot Certificate to fly for fun?
No. If you fly purely for recreation under the FAA's recreational exception, you need to pass the free TRUST test and carry proof, follow the recreational rules, and register the drone if it weighs more than 0.55 pounds.
Do I need Part 107 if I am not paid for the flight?
Often, yes. The FAA says compensation is not what decides whether a flight is recreational, and that goodwill flights, such as volunteering to survey coastlines for a nonprofit, can also be non-recreational. When in doubt, the FAA says to assume Part 107.
Can I fly under Part 107 with a recreational registration?
No. The FAA says drones registered under the recreational exception cannot be flown under Part 107, and a registration cannot be transferred between the two. Part 107 registration costs $5 per drone and lasts 3 years.
Does a drone under 250 grams need to be registered?
Not if it weighs 0.55 pounds or less including anything attached, and you fly it only under the recreational exception (14 CFR 48.15). Under Part 107, every drone must be registered whatever it weighs.
Is TRUST the same as the Part 107 knowledge test?
No. TRUST is a free online safety test for recreational flyers. Part 107 flying requires a Remote Pilot Certificate, and first-time pilots earn it by passing the knowledge test called Unmanned Aircraft General - Small (UAG).

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