Part 107 basics: who the rules apply to

Every number you will learn later, from 400 feet to 10 days, only matters once you know that Part 107 is the rule for your flight and who in your crew is responsible for what. This lesson sets out that foundation. The FAA's study guide tells applicants to be familiar with Part 107, the other parts it refers to, and the FAA's advisory circular on small drones (FAA Remote Pilot Study Guide, p. 3). That advisory circular is now AC 107-2A, which replaced the original AC 107-2 (AC 107-2A, para. 1.3). This course cites both the rule and the AC throughout.

What Part 107 covers

Part 107 applies to the registration, airman certification and operation of civil small unmanned aircraft systems within the United States, and to whether those aircraft may fly over people (14 CFR 107.1(a)). “Civil” matters: a civil aircraft is any aircraft other than a public aircraft (14 CFR 1.1). The operating rules in Subpart B apply to every civil small UAS that Part 107 covers (14 CFR 107.11).

The FAA added Part 107 in June 2016. It lets small drones fly for many different purposes without an airworthiness certificate, an exemption or a Certificate of Waiver or Authorization (AC 107-2A, para. 3.1). Instead, it sets rules for three safety areas, personnel, equipment and operations, with subparts focused on each (AC 107-2A, para. 3.2).

What Part 107 leaves out

The rule itself lists four kinds of operation it does not apply to (14 CFR 107.1(b)):

• Air carrier operations.
• Any aircraft subject to 49 U.S.C. 44809, the limited recreational exception.
• An operation that the holder of certain exemptions (section 333 or 49 U.S.C. 44807) chooses to conduct under that exemption.
• An operation someone chooses to conduct under Part 91 with a small UAS that has an airworthiness certificate.

AC 107-2A adds a plain-English list of things outside Part 107: operations outside the United States, amateur rockets, moored balloons, unmanned free balloons, kites and public aircraft operations (AC 107-2A, para. 4.1).

On recreational flying, you only need the big picture. The 44809 exception covers flights made strictly for recreation that meet a list of conditions in that law (AC 107-2A, para. 4.1, footnote 1). A flight that does not meet every condition, for example a flight for a business, is not covered by that exception. This course teaches Part 107, not the recreational conditions.

Key terms in 14 CFR 107.3

• Unmanned aircraft: an aircraft operated without the possibility of direct human intervention from within or on the aircraft (14 CFR 107.3).
• Small unmanned aircraft: an unmanned aircraft weighing less than 55 pounds on takeoff, including everything on board or otherwise attached (14 CFR 107.3). Cameras, sensors and payloads all count toward the 55 pounds.
• Small unmanned aircraft system (small UAS): the aircraft plus the parts needed to fly it safely, including the communication links and the components that control it (14 CFR 107.3).
• Control station: the interface the remote pilot uses to control the aircraft's flight path (14 CFR 107.3).
• Corrective lenses: glasses or contact lenses, the only aids you may use to meet the visual line-of-sight rule (14 CFR 107.3) (14 CFR 107.31).
• Visual observer: a person designated by the remote pilot in command to help the remote pilot in command and the person at the controls see and avoid other air traffic or objects in the air or on the ground (14 CFR 107.3).

If a Part 107 definition conflicts with the general definitions in 14 CFR 1.1, the Part 107 definition controls for Part 107 (14 CFR 107.3).

Who is who in the crew

The remote pilot in command is the person who holds a Remote Pilot Certificate with a small UAS rating and has the final authority and responsibility for the operation and its safety (AC 107-2A, para. 4.2.7). Nobody may act as remote pilot in command without that certificate and a current knowledge test or training under 107.65 (14 CFR 107.12(b)). Under 107.19, the remote pilot in command (14 CFR 107.19):

• must be designated before or during the flight;
• is directly responsible for, and the final authority on, the operation;
• must make sure the drone will pose no undue hazard to people, aircraft or property if control is lost;
• must make sure the operation follows all the applicable rules; and
• must be able to direct the drone to keep it within those rules.

The person manipulating the controls is someone other than the remote pilot in command who flies the drone under the remote pilot in command's supervision (AC 107-2A, para. 4.2.6). Anyone may do this if they hold a current certificate, or if they are under the direct supervision of a remote pilot in command who can immediately take direct control (14 CFR 107.12(a)). AC 107-2A gives three ways to keep that ability: a “buddy box” with two control stations where the remote pilot in command can override the other one, standing close enough to take the controller, or an automation feature such as hover or return home that the remote pilot in command can engage at once (AC 107-2A, para. 5.2.2). The certificate rule in 107.12 names the person at the controls and the remote pilot in command; it does not list the visual observer.

Inspections, tests and honest records

When you fly under your certificate, you must have it and your identification with you and readily accessible, and show both if the FAA, an NTSB representative, a TSA representative or any federal, state or local law enforcement officer asks (14 CFR 107.7(a)). Lesson 2 covers the details. You must also make any record or report you are required to keep available to the FAA on request, and the remote pilot in command, visual observer, owner, operator and person at the controls must let the FAA test or inspect the small UAS and the crew to check compliance (14 CFR 107.7(a)(3) and (b)).

Honesty with the FAA is a rule, not just good manners. Older materials, including AC 107-2A, point to 107.5 for this (AC 107-2A, para. 4.3), but in the current eCFR that section is marked reserved (14 CFR 107.5). The rule now sits in Part 3, which covers Part 107 (14 CFR 3.401). It bans fraudulent or intentionally false statements, producing or altering documents for a fraudulent purpose, and knowingly leaving out a material fact, in any application, certificate, record or report (14 CFR 3.403). Any of these can lead to denial, suspension or revocation of a certificate, or a civil penalty (14 CFR 3.403(d)).

Worked example

A roofing company asks Priya to photograph three roofs. Priya holds a Remote Pilot Certificate and is current on recurrent training. Her apprentice, Sam, has no certificate. The drone weighs 2.2 pounds with its camera. Does Part 107 apply, and who may do what?

1. Is it a small UAS under Part 107? The drone weighs well under 55 pounds with its camera, so it is a small unmanned aircraft (14 CFR 107.3). The job is civil, for a business, and none of the 107.1(b) exclusions fit, so Part 107 applies.
2. Who is remote pilot in command? Only Priya can be, because she holds a current certificate (14 CFR 107.12(b)). She should be designated before the flight starts.
3. Can Sam fly? Yes, but only under Priya's direct supervision, with Priya able to take direct control at once, for example by standing beside him ready to take the controller (AC 107-2A, para. 5.2.2).
4. A deputy asks to see their paperwork. Priya shows her certificate and identification. If the FAA later asks to inspect the drone, the crew must allow it (14 CFR 107.7).
5. Sam knocks a tile loose. If Priya ever sends the FAA a report about the flight, it must be true and complete. Leaving out a material fact on purpose breaks 14 CFR 3.403 even if every sentence is true.

Common mistakes

• Weighing the drone without its payload. The 55-pound limit is takeoff weight with everything attached.
• Assuming the person holding the controller is the remote pilot in command. Responsibility stays with the designated remote pilot in command.
• Letting an uncertificated friend fly while you stand too far away to take over immediately.
• Thinking only the FAA can ask to see your certificate. NTSB, TSA and any police officer can too.
• Citing 107.5 for falsification. It is reserved now; the rule is 14 CFR 3.403.
• Believing a small drone flown for a business falls under the recreational exception.