Non-Hobbyists

Note: This is not what the law is right now. This is what the FAA has proposed the future law will be.

Subpart A—General

§ 107.1 Applicability.

(a) Except as provided in paragraph (b) of this section, this part applies to the registration, airman certification, and operation of civil small unmanned aircraft systems within the United States.

(b) This part does not apply to the following:

(1) Air carrier operations;
(2) Any aircraft subject to the provisions of part 101 of this chapter;
(3) Any aircraft conducting an external load operation;
(4) Any aircraft towing another aircraft or object; or
(5) Any aircraft that does not meet the criteria specified in § 47.3 of this chapter.

§ 107.3 Definitions.

The following definitions apply to this part. If there is a conflict between the definitions of this part and definitions specified in § 1.1 of this chapter, the definitions in this part control for purposes of this part:

Control station means an interface used by the operator to control the flight path of the small unmanned aircraft.

Corrective lenses means spectacles or contact lenses.

Operator means a person who manipulates the flight controls of a small unmanned aircraft system.

Small unmanned aircraft means an unmanned aircraft weighing less than 55 pounds including everything that is on board the aircraft.

Small unmanned aircraft system (small UAS) means a small unmanned aircraft and its associated elements (including communication links and the components that control the small unmanned aircraft) that are required for the safe and efficient operation of the small unmanned aircraft in the national airspace system.

Unmanned aircraft means an aircraft operated without the possibility of direct human intervention from within or on the aircraft.

Visual observer means a person who assists the small unmanned aircraft operator to see and avoid other air traffic or objects aloft or on the ground.

§ 107.5 Falsification, reproduction or alteration.

(a) No person may make or cause to be made—

(1) Any fraudulent or intentionally false record or report that is required to be made, kept, or used to show compliance with any requirement under this part.
(2) Any reproduction or alteration, for fraudulent purpose, of any certificate, rating, authorization, record or report under this part.

(b) The commission by any person of an act prohibited under paragraph (a) of this section is a basis for denying an application for certificate, or suspending or revoking the applicable certificate or waiver issued by the Administrator under this part and held by that person.

§ 107.7 Inspection, testing, and demonstration of compliance.

(a) An operator or owner of a small unmanned aircraft system must, upon request, make available to the Administrator:

(1) The operator’s unmanned aircraft operator certificate with a small UAS rating;
(2) The certificate of aircraft registration for the small unmanned aircraft system being operated; and
(3) Any other document, record, or report required to be kept by an operator or owner of a small unmanned aircraft system under the regulations of this chapter.

(b) The operator, visual observer, or owner of a small unmanned aircraft system must, upon request, allow the Administrator to make any test or inspection of the small unmanned aircraft system, the operator, and, if applicable, the visual observer to determine compliance with this part.

§ 107.9 Accident reporting.

No later than 10 days after an operation that meets the criteria of either paragraph (a) or (b) of this section, an operator must report to the nearest Federal Aviation Administration Flight Standards District Office any operation of the small unmanned aircraft that involves the following:

(a) Any injury to any person; or
(b) Damage to any property, other than the small unmanned aircraft.

Subpart B—Operating Rules

§ 107.11 Applicability.

This subpart applies to the operation of all civil small unmanned aircraft systems to which this part applies.

§ 107.13 Registration, certification, and airworthiness directives.

No person may operate a civil small unmanned aircraft system for purposes of flight unless:

(a) That person has an unmanned aircraft operator certificate with a small UAS rating issued pursuant to Subpart C of this part and satisfies the requirements of § 107.65;
(b) The small unmanned aircraft being operated has been registered with the FAA pursuant to subpart D of this part;
(c) The small unmanned aircraft being operated displays its registration number in the manner specified in subpart D of this part; and
(d) The owner or operator of the small unmanned aircraft system complies with all applicable airworthiness directives.

§ 107.15 Civil small unmanned aircraft system airworthiness.

(a) No person may operate a civil small unmanned aircraft system unless it is in a condition for safe operation. This condition must be determined during the preflight check required under § 107.49 of this part.
(b) The operator must discontinue the flight when he or she knows or has reason to know that continuing the flight would pose a hazard to other aircraft, people, or property.

§ 107.17 Medical condition.

No person may act as an operator or visual observer if he or she knows or has reason to know that he or she has a physical or mental condition that would interfere with the safe operation of a small unmanned aircraft system.

§ 107.19 Responsibility of the operator.

(a) The operator is directly responsible for, and is the final authority as to the operation of the small unmanned aircraft system.
(b) The operator must ensure that the small unmanned aircraft will pose no undue hazard to other aircraft, people, or property in the event of a loss of control of the aircraft for any reason.

§ 107.21 Maintenance and inspection.

An operator must:

(a) Maintain the system in a condition for safe operation; and
(b) Inspect the small unmanned aircraft system prior to flight to determine that the system it is in a condition for safe operation.

§ 107.23 Hazardous operation.

No person may:

(a) Operate a small unmanned aircraft system in a careless or reckless manner so as to endanger the life or property of another; or
(b) Allow an object to be dropped from a small unmanned aircraft if such action endangers the life or property of another.

§ 107.25 Operation from a moving vehicle or aircraft.

No person may operate a small unmanned aircraft system -

(a) From a moving aircraft; or
(b) From a moving vehicle unless that vehicle is moving on water.

§ 107.27 Alcohol or drugs.

A person acting as an operator or as a visual observer must comply with the provisions of §§ 91.17 and 91.19 of this chapter.

§ 107.29 Daylight operation.

No person may operate a small unmanned aircraft system except between the hours of official sunrise and sunset.

§ 107.31 Visual line of sight aircraft operation.

With vision that is unaided by any device other than corrective lenses, the operator or visual observer must be able to see the unmanned aircraft throughout the entire flight in order to:

(a) Know the unmanned aircraft’s location;
(b) Determine the unmanned aircraft’s attitude, altitude, and direction;
(c) Observe the airspace for other air traffic or hazards; and
(d) Determine that the unmanned aircraft does not endanger the life or property of another.

§ 107.33 Visual observer.

If a visual observer is used during the aircraft operation, all of the following requirements must be met:

(a) The operator and the visual observer must maintain effective communication with each other at all times.
(b) The operator must ensure that the visual observer is able to see the unmanned aircraft in the manner specified in §§ 107.31 and 107.37.
(c) At all times during flight, the small unmanned aircraft must remain close enough to the operator for the operator to be capable of seeing the aircraft with vision unaided by any device other than corrective lenses.
(d) The operator and the visual observer must coordinate to do the following:

(1) Scan the airspace where the small unmanned aircraft is operating for any potential collision hazard; and
(2) Maintain awareness of the position of the small unmanned aircraft through direct visual observation.

§ 107.35 Operation of multiple small unmanned aircraft systems.

A person may not act as an operator or visual observer in the operation of more than one unmanned aircraft system at the same time.

§ 107.37 Operation near aircraft; right-of-way rules.

(a) Each operator must maintain awareness so as to see and avoid other aircraft and vehicles and must yield the right-of-way to all aircraft, airborne vehicles, and launch and reentry vehicles.

(1) In order to maintain awareness so as to see other aircraft and vehicles, either the operator or a visual observer must, at each point of the small unmanned aircraft’s flight, satisfy the criteria specified in § 107.31.
(2) Yielding the right-of-way means that the small unmanned aircraft must give way to the aircraft or vehicle and may not pass over, under, or ahead of it unless well clear.

(b) No person may operate a small unmanned aircraft so close to another aircraft as to create a collision hazard.

§ 107.39 Operation over people.

No person may operate a small unmanned aircraft over a human being who is:

(a) Not directly participating in the operation of the small unmanned aircraft; or
(b) Not located under a covered structure that can provide reasonable protection from a falling small unmanned aircraft.

§ 107.41 Operation in certain airspace.

(a) A small unmanned aircraft may not operate in Class A airspace.
(b) A small unmanned aircraft may not operate in Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport unless the operator has prior authorization from the Air Traffic Control (ATC) facility having jurisdiction over that airspace.

§ 107.45 Operation in prohibited or restricted areas.

No person may operate a small unmanned aircraft in prohibited or restricted areas unless that person has permission from the using or controlling agency, as appropriate.

§ 107.47 Flight restrictions in the proximity of certain areas designated by notice to airmen.

No person may operate a small unmanned aircraft in areas designated in a Notice to Airmen under §§ 91.137 through 91.145, or § 99.7 of this chapter, unless authorized by:

(a) Air Traffic Control (ATC); or
(b) A Certificate of Waiver or Authorization issued by the FAA.

§ 107.49 Preflight familiarization, inspection, and actions for aircraft operation.

(a) Prior to flight, the operator must:

(1) Assess the operating environment, considering risks to persons and property in the immediate vicinity both on the surface and in the air. This assessment must include:

(i) Local weather conditions;
(ii) Local airspace and any flight restrictions;
(iii) The location of persons and property on the surface; and (iv) Other ground hazards.

(2) Ensure that all persons involved in the small unmanned aircraft operation receive a briefing that includes operating conditions, emergency procedures, contingency procedures, roles and responsibilities, and potential hazards;
(3) Ensure that all links between ground station and the small unmanned aircraft are working properly; and
(4) If the small unmanned aircraft is powered, ensure that there is enough available power for the small unmanned aircraft system to operate for the intended operational time and to operate after that for at least five minutes.

(b) Each person involved in the operation must perform the duties assigned by the operator.

§ 107.51 Operating limitations for small unmanned aircraft.

An operator must comply with all of the following operating limitations when operating a small unmanned aircraft system:

(a) The airspeed of the small unmanned aircraft may not exceed 87 knots (100 miles per hour) calibrated airspeed at full power in level flight;
(b) The altitude of the small unmanned aircraft cannot be higher than 500 feet (150 meters) above ground level;
(c) The minimum flight visibility, as observed from the location of the ground control station must be no less than 3 statute miles (5 kilometers); and
(d) The minimum distance of the small unmanned aircraft from clouds must be no less than:

(1) 500 feet (150 meters) below the cloud; and
(2) 2,000 feet (600 meters) horizontally away from the cloud.

Subpart C—Operator Certification

§ 107.53 Applicability.

This subpart prescribes the requirements for issuing an unmanned aircraft operator certificate with a small UAS rating.

§ 107.57 Offenses involving alcohol or drugs.

(a) A conviction for the violation of any Federal or State statute relating to the growing, processing, manufacture, sale, disposition, possession, transportation, or importation of narcotic drugs, marijuana, or depressant or stimulant drugs or substances is grounds for:

(1) Denial of an application for an unmanned aircraft operator certificate with a small UAS rating for a period of up to 1 year after the date of final conviction; or
(2) Suspension or revocation of an unmanned aircraft operator certificate with a small UAS rating.

(b) Committing an act prohibited by § 91.17(a) or § 91.19(a) of this chapter is grounds for:

(1) Denial of an application for an unmanned aircraft operator certificate with a small UAS rating for a period of up to 1 year after the date of that act; or
(2) Suspension or revocation of an unmanned aircraft operator certificate with a small UAS rating.

§ 107.59 Refusal to submit to an alcohol test or to furnish test results.

A refusal to submit to a test to indicate the percentage by weight of alcohol in the blood, when requested by a law enforcement officer in accordance with § 91.17(c) of this chapter, or a refusal to furnish or authorize the release of the test results requested by the Administrator in accordance with § 91.17(c) or (d) of this chapter, is grounds for:

(a) Denial of an application for an unmanned aircraft operator certificate with a small UAS rating for a period of up to 1 year after the date of that refusal; or
(b) Suspension or revocation of an unmanned aircraft operator certificate with a small UAS rating.

§ 107.61 Eligibility.

Subject to the provisions of §§ 107.57 and 107.59, in order to be eligible for an unmanned aircraft operator certificate with a small UAS rating under this subpart, a person must:

(a) Be at least 17 years of age;
(b) Be able to read, speak, write, and understand the English language. If the applicant is unable to meet one of these requirements due to medical reasons, the FAA may place such operating limitations on that applicant’s certificate as are necessary for the safe operation of the small unmanned aircraft;
(c) Pass an initial aeronautical knowledge test covering the areas of knowledge specified in § 107.73(a); and
(d) Not know or have reason to know that he or she has a physical or mental condition that would interfere with the safe operation of a small unmanned aircraft system.

§ 107.63 Issuance of an unmanned aircraft operator certificate with a small UAS rating.

An applicant for an unmanned aircraft operator certificate with a small UAS rating under this subpart must make the application in a form and manner acceptable to the Administrator.

(a) The application must include:

(1) An airman knowledge test report showing that the applicant passed an initial aeronautical knowledge test, or recurrent aeronautical knowledge test for those individuals that satisfy the requirements of §107.75; and
(2) A certification signed by the applicant stating that the applicant does not know or have reason to know that he or she has a physical or mental condition that would interfere with the safe operation of a small unmanned aircraft system.

(b) The application must be submitted to a Flight Standards District Office, a designated pilot examiner, an airman certification representative for a pilot school, a certified flight instructor, or other person authorized by the Administrator. The person accepting the application submission must verify the identity of the applicant in a manner acceptable to the Administrator.

§ 107.65 Aeronautical knowledge recency.

A person may not operate a small unmanned aircraft system unless that person has completed one of the following, within the previous 24 calendar months:

(a) Passed an initial aeronautical knowledge test covering the areas of knowledge specified in § 107.73(a); or
(b) Passed a recurrent aeronautical knowledge test covering the areas of knowledge specified in § 107.73(b).

§ 107.67 Knowledge tests: General procedures and passing grades.

(a) Knowledge tests prescribed by or under this part are given at times and places, and by persons designated by the Administrator.
(b) An applicant for a knowledge test must have proper identification at the time of application that contains the applicant’s:

(1) Photograph;
(2) Signature;
(3) Date of birth, which shows the applicant meets or will meet the age requirements of this part for the certificate sought before the expiration date of the airman knowledge test report; and
(4) If the permanent mailing address is a post office box number, then the applicant must provide a current residential address.

(c) The minimum passing grade for the knowledge test will be specified by the Administrator.

§ 107.69 Knowledge tests: Cheating or other unauthorized conduct.

(a) An applicant for a knowledge test may not:

(1) Copy or intentionally remove any knowledge test;
(2) Give to another applicant or receive from another applicant any part or copy of a knowledge test;
(3) Give assistance on, or receive assistance on, a knowledge test during the period that test is being given;
(4) Take any part of a knowledge test on behalf of another person;
(5) Be represented by, or represent, another person for a knowledge test;
(6) Use any material or aid during the period that the test is being given, unless specifically authorized to do so by the Administrator; and
(7) Intentionally cause, assist, or participate in any act prohibited by this paragraph.

(b) An applicant who the Administrator finds has committed an act prohibited by paragraph (a) of this section is prohibited, for 1 year after the date of committing that act, from:

(1) Applying for any certificate, rating, or authorization issued under this chapter; and
(2) Applying for and taking any test under this chapter.

(c) Any certificate or rating held by an applicant may be suspended or revoked if the Administrator finds that person has committed an act prohibited by paragraph (a) of this section.

§ 107.71 Retesting after failure.

An applicant for a knowledge test who fails that test may not reapply for the test for 14 calendar days after failing the test.

§ 107.73 Initial and recurrent knowledge tests.

(a) An initial aeronautical knowledge test covers the following areas of knowledge:

(1) Applicable regulations relating to small unmanned aircraft system rating privileges, limitations, and flight operation;
(2) Airspace classification and operating requirements, obstacle clearance requirements, and flight restrictions affecting small unmanned aircraft operation;
(3) Official sources of weather and effects of weather on small unmanned aircraft performance;
(4) Small unmanned aircraft system loading and performance;
(5) Emergency procedures;
(6) Crew resource management;
(7) Radio communication procedures;
(8) Determining the performance of small unmanned aircraft;
(9) Physiological effects of drugs and alcohol;
(10) Aeronautical decision-making and judgment; and
(11) Airport operations.

(b) A recurrent aeronautical knowledge test covers the following areas of knowledge:

(1) Applicable regulations relating to small unmanned aircraft system rating privileges, limitations, and flight operation;
(2) Airspace classification and operating requirements, obstacle clearance requirements, and flight restrictions affecting small unmanned aircraft operation;
(3) Official sources of weather;
(4) Emergency procedures;
(5) Crew resource management;
(6) Aeronautical decision-making and judgment; and
(7) Airport operations.

§ 107.75 Military pilots or former military pilots.

(a) General. Except for a person who has been removed from unmanned aircraft flying status for lack of proficiency or because of a disciplinary action involving any aircraft operation, a U.S. military unmanned aircraft pilot or operator or former U.S. military unmanned aircraft pilot or operator who meets the requirements of this section may apply, on the basis of his or her U.S. military unmanned aircraft pilot or operator qualifications, for an unmanned aircraft operator certificate with small UAS rating issued under this part.
(b) Military unmanned aircraft pilots or operators and former military unmanned aircraft pilots or operators in the U.S. Armed Forces. A person who qualifies as a U.S. military unmanned aircraft pilot or operator or former U.S. military unmanned aircraft pilot or operator may apply for an unmanned aircraft operator certificate with a small UAS rating if that person—

(1) Passes a recurrent aeronautical knowledge test covering the areas of knowledge specified in § 107.73(b); and
(2) Presents evidentiary documents that show:

(i) The person's status in the U.S. Armed Forces;
(ii) That the person is or was a U.S. military unmanned aircraft pilot or operator.

§ 107.77 Change of name or address.

(a) Change of Name. An application to change the name on a certificate issued under this subpart must be accompanied by the applicant's:

(1) Operator certificate; and
(2) A copy of the marriage license, court order, or other document verifying the name change.

(b) The documents in paragraph (a) of this section will be returned to the applicant after inspection.
(c) Change of address. The holder of an unmanned aircraft operator certificate issued under this subpart who has made a change in permanent mailing address may not, after 30 days from that date, exercise the privileges of the certificate unless the holder has notified the FAA of the change in address using one of the following methods:

(1) By letter to the FAA Airman Certification Branch, P.O. Box 25082, Oklahoma City, OK 73125 providing the new permanent mailing address, or if the permanent mailing address includes a post office box number, then the holder's current residential address; or
(2) By using the FAA website portal at www.faa.gov providing the new permanent mailing address, or if the permanent mailing address includes a post office box number, then the holder's current residential address.

§ 107.79 Voluntary surrender of certificate.

(a) The holder of a certificate issued under this subpart may voluntarily surrender it for cancellation.
(b) Any request made under paragraph (a) of this section must include the following signed statement or its equivalent: “I voluntarily surrender my unmanned aircraft operator certificate with a small UAS rating for cancellation. This request is made for my own reasons, with full knowledge that my certificate will not be reissued to me unless I again complete the requirements specified in §§ 107.61 and 107.63.”

Subpart D—Small Unmanned Aircraft Registration and Identification.

§ 107.87 Applicability.

This subpart prescribes the rules governing the registration and identification of all civil small unmanned aircraft to which this part applies.

§ 107.89 Registration and identification.

(a) All small unmanned aircraft must be registered in accordance with part 47 of this chapter.
(b) All small unmanned aircraft must display their nationality and registration marks in accordance with the requirements of subpart C of part 45 of this chapter.