Overview of FAA Part 107
FAA Part 107 is the federal regulation that governs most non-recreational drone operations in the United States. It applies whenever a drone flight is conducted for a business purpose, compensation, or any activity that provides value beyond pure recreation. The FAA created Part 107 to integrate small unmanned aircraft systems (UAS) safely into the national airspace while allowing commercial innovation to grow under a standardized legal framework.
Part 107 establishes rules for pilot certification, aircraft registration, operational limitations, airspace access, and compliance obligations. It also provides mechanisms—such as waivers and airspace authorizations—that allow operators to conduct more advanced missions when they can demonstrate an acceptable level of safety.
When Part 107 Applies
Part 107 applies whenever a drone flight is not conducted solely for recreation. This includes flights performed for direct payment, indirect business benefit, promotional purposes, or organizational missions. Even if no money changes hands, a flight may still fall under Part 107 if it supports a business, nonprofit, or government function.
Common examples include aerial photography for real estate listings, inspections for construction or utilities, marketing content creation, mapping, surveying, agricultural monitoring, and public safety operations conducted outside of a public aircraft authorization. The FAA evaluates the purpose of the flight, not the pilot’s intent or payment structure, when determining whether Part 107 applies.
Remote Pilot Certification Requirements
To operate under Part 107, the individual manipulating the flight controls—or directly supervising the operation—must hold a Remote Pilot Certificate issued by the FAA. Applicants must be at least 16 years old, be able to read, speak, write, and understand English, and be physically and mentally capable of operating a drone safely.
Initial certification requires passing the Unmanned Aircraft General (UAG) knowledge test at an FAA-approved testing center. This exam covers airspace classification, weather, loading and performance, emergency procedures, radio communications, and federal aviation regulations. Once certified, pilots must complete FAA recurrent training every 24 months to maintain currency. Failure to complete recurrent training invalidates Part 107 privileges until compliance is restored.
Aircraft Registration Under Part 107
Every drone operated under Part 107 must be registered individually with the FAA, regardless of weight. Unlike recreational registration—which allows one registration number for multiple aircraft—Part 107 requires a unique registration number for each drone.
Registration is completed through the FAA’s DroneZone portal and must be renewed every three years. The registration number must be clearly displayed on the exterior of the aircraft in a manner that is legible without tools. Operating a commercial drone without proper registration is a violation of federal law and may result in enforcement action.
Operational Limitations
Part 107 imposes baseline operational limits designed to reduce collision risk and maintain separation from manned aircraft and people on the ground. Flights are generally limited to a maximum altitude of 400 feet above ground level, unless the drone remains within 400 feet horizontally of a structure. Maximum groundspeed is capped at 100 miles per hour.
Pilots must maintain visual line of sight with the aircraft at all times, either personally or through a visual observer. The use of FPV goggles alone does not satisfy this requirement. Operations must yield right-of-way to all manned aircraft, and careless or reckless flight is prohibited regardless of altitude or location.
Night Operations
Part 107 allows drone operations at night, provided specific conditions are met. The aircraft must be equipped with anti-collision lighting visible for at least three statute miles, and the remote pilot must have completed night operations training as part of the FAA’s recurrent training curriculum.
Night flying increases operational risk due to reduced visibility, depth perception challenges, and higher likelihood of disorientation. As a result, the FAA expects Part 107 pilots conducting night operations to implement appropriate risk mitigations, such as enhanced preflight planning, crew coordination, and lighting configuration.
Operations Over People and Moving Vehicles
Part 107 strictly regulates operations over people and moving vehicles. The FAA permits such operations only if the drone meets specific injury-risk thresholds or if the operation is conducted under an FAA-approved waiver.
Drones weighing under 250 grams may operate over people if they do not have exposed rotating parts capable of causing injury. Heavier drones must meet defined impact-energy limits and have an FAA Declaration of Compliance. Operations over moving vehicles are allowed only when occupants are directly participating in the operation or when the drone meets the applicable over-people category requirements.
Airspace Authorization
Part 107 pilots may operate freely in Class G (uncontrolled) airspace, provided all other operational rules are met. Flights in controlled airspace—including Classes B, C, D, and certain Class E areas—require prior authorization from the FAA.
Most airspace authorizations are obtained through the Low Altitude Authorization and Notification Capability (LAANC) system, which provides near-instant approval in many locations. Where LAANC is unavailable, pilots must submit authorization requests through FAA DroneZone. Operating in controlled airspace without authorization is one of the most common causes of enforcement action.
Remote ID Compliance
Most Part 107 operations require compliance with Remote Identification (Remote ID) rules. Remote ID functions as a digital license plate, broadcasting identification and location information about the drone and, in some cases, the control station.
Compliance can be achieved through a drone with built-in Standard Remote ID, an attached broadcast module, or by operating exclusively within a FAA-recognized identification area (FRIA). Remote ID information must be correctly entered into FAA DroneZone, and disabling Remote ID outside of an approved exemption environment is a regulatory violation.
Part 107 Waivers
Part 107 includes a waiver process that allows operators to conduct flights beyond standard regulatory limits when they can demonstrate an equivalent level of safety. Common waiver requests involve beyond visual line of sight (BVLOS) operations, certain operations over people, and deviations from visual observer requirements.
Successful waiver applications typically include detailed safety cases, standard operating procedures, risk assessments, training documentation, and technical mitigations. The FAA evaluates each request individually, and poorly prepared applications are frequently denied or delayed.
Enforcement and Penalties
Violations of Part 107 can result in FAA enforcement action ranging from warning letters and remedial training to civil penalties and certificate suspension or revocation. More serious violations—such as flying near airports without authorization, interfering with emergency response, or intentional noncompliance—may result in significant fines or referral for criminal investigation.
The FAA has emphasized education and compliance assistance, but repeated or reckless violations are treated aggressively. Maintaining accurate records, following published guidance, and consulting legal counsel when necessary can significantly reduce enforcement risk.
Conclusion
Part 107 is the legal foundation for commercial drone operations in the United States. It balances safety, accountability, and innovation by establishing clear rules for pilots, aircraft, and operations while allowing flexibility through authorizations and waivers. As drone technology advances and operations become more complex, strict compliance with Part 107 is essential for lawful and sustainable commercial use.
For operators seeking assistance with certification, waivers, enforcement matters, or enterprise drone programs, working with a drone law attorney experienced in FAA regulations can help ensure compliance and operational success.