Introduction #
You just got a fun little drone from Amazon (or wherever) and you’ve got it all set up. You’re good to go out and fly, right? Well, not so fast. If you’re not careful you could violate federal law.
Wait, what? It’s just a toy, right? Actually, drones, a.k.a. Unmanned Aerial Vehicles (UAVs), a.k.a. Unmanned Aircraft Systems (UAS), are serious business. That little drone is considered an aircraft under federal law and is regulated by the Federal Aviation Administration (FAA).
Under federal law, an “’aircraft’ means any contrivance invented, used, or designed to navigate, or fly in, the air.” 49 USC § 40102(a)(6). Interestingly, a strict reading of this definition would include paper airplanes, frisbees, boomerangs, baseballs, etc. A consumer drone is a “small unmanned aircraft.” An unmanned aircraft is “an aircraft that is operated without the possibility of direct human intervention from within or on the aircraft,” 49 USC § 4480(11), and a small unmanned aircraft is defined as “an unmanned aircraft weighing less than 55 pounds, including the weight of anything attached to or carried by the aircraft.” 49 USC § 4480(9).
This would generally mean that you must have some form of pilot license to fly your drone, 49 U.S.C. §§ 44702-44703, including the cheap quadcopter you might have picked up on sale for you or your child. Thankfully, Congress carved out an exception for recreational drone use. However, there are still requirements that you, or your child, must follow in order to legally fly your drone.
The Recreation Exception #
The applicable statute provides as follows (don’t worry, I’ll break it down for you in a moment).
49 USC § 44809(a) In General.—Except as provided in subsection (e), and notwithstanding chapter 447 of title 49, United States Code, a person may operate a small unmanned aircraft without specific certification or operating authority from the Federal Aviation Administration if the operation adheres to all of the following limitations:
(1) The aircraft is flown strictly for recreational purposes.
(2) The aircraft is operated in accordance with or within the programming of a community-based organization’s set of safety guidelines that are developed in coordination with the Federal Aviation Administration.
(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 aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft.
(5) 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, the operator obtains prior authorization from the Administrator or designee before operating and complies with all airspace restrictions and prohibitions.
(6) Except for circumstances when the Administrator establishes alternative altitude ceilings or as otherwise authorized in section (c), in Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace and flight restrictions and prohibitions established under this subtitle, such as special use airspace designations and temporary flight restrictions.
(7) The operator has passed an aeronautical knowledge and safety test described in subsection (g) and maintains proof of test passage to be made available to the Administrator or law enforcement upon request.
(8) The aircraft is registered and marked in accordance with chapter 441 of this title and proof of registration is made available to the Administrator or a designee of the Administrator or law enforcement upon request.
If you are flying a drone that weighs 55 pounds or more, there is an additional requirement that you operate from an FAA approved fixed site. 49 USC § 4409(c)(3).
Failure to meet any of these requirements makes you subject to all rules and statutes generally applicable to unmanned aircraft and unmanned aircraft systems. 49 USC § 44809(b). So, it is a pretty good idea to follow them and protect yourself from potential liability (which could include substantial fines). Let’s explore what each of these requirements means for you.
Recreational Purposes Only #
According to the FAA, “Recreational or hobby UAS or drone use is flying for enjoyment and not for work, business purposes, or for compensation or hire.” https://www.faa.gov/faq/what-definition-recreational-or-hobby-use-uas-or-drone. Note that the mere fact that you are not getting paid to fly your drone does not automatically make the flight recreational. For example, the FAA considers the following non-recreational:
- Taking photos to help sell a property or service.
- Roof inspections.
- Taking pictures of a high school football game for the school’s website.
- Volunteering to use your drone to survey coastlines on behalf of a non-profit organization.
https://www.faa.gov/uas/recreational_flyers
The purpose is determined at the time of flight. If your purpose is non-recreational you must follow the much stricter requirements under FAA regulations in 14 CFR Part 107, including obtaining your Remote Pilot Certification.
Follow Safety Guidelines #
As a recreational flyer, you are required to follow safety guidelines set by an FAA approved community based organization (CBO). It does not matter which of these CBO’s guidelines you follow, but you must be prepared to explain which one you are following and how you are compliant. A list of FAA-recognized CBOs can be found at https://www.faa.gov/uas/recreationalfliers/faa-recognized-community-based-organizations
Maintain Line of Sight #
The drone must remain within the line of sight of the person operating it or a “visual observer” who is “co-located” and can communicate directly with the operator. This line of sight must be unaided (except for corrective lenses), meaning without the help of devices such as binoculars, telescopes or cameras. 14 CFR § 107.31. If you are flying in first-person view (FPV), you are not viewing the drone directly with your unaided vision, and you must have another person present as a visual observer.
Yield to Manned Aircraft #
You must “give way” and not interfere with manned aircraft. This requirement is fairly self-explanatory. Manned aircraft such as airplanes, helicopters, hang gliders, hot air balloons, ultralights, etc., have the right of way. You must give them plenty of space and not do anything to interfere with their flight. This is a significant safety issue.
Respect Airspace #
There are different classes of airspace. Most of the time, you will be flying in Class G, or uncontrolled, airspace. When flying in Class G airspace, you must not fly your drone higher than 400 feet above ground level.
To fly in Class B, C, D, or lateral boundaries of E, controlled airspace, it is possible to get authorization through the Low Altitude Authorization Capability (LAANC) or FAADroneZone. More information can be found here: https://www.faa.gov/uas/getting_started/laanc
The FAA has set up the B4UFly service to see where you can and cannot fly. A list of approved app providers can be found at https://www.faa.gov/uas/getting_started/b4ufly.
Pass a Test #
It comes as a surprise to many that you (or your child) must pass a test and receive a certificate before you are legally permitted to fly a drone recreationally. Fortunately (or unfortunately, depending on your point of view), this is a fairly easy requirement to meet. The FAA has developed the The Recreational UAS Safety Test (TRUST) for recreational flyers. TRUST certification is completed online through a private provider. It is usually provided in the form of a short course with quiz questions covering the required material. As presently constituted, it is quite short and simple to complete. Upon successful completion you are issued a certificate, which you should have with you when flying your drone. Law enforcement officers have the right to ask to see your certificate. The nice thing about TRUST certification, as opposed to Part 107 certification, is that it is free! More information can be found here: https://www.faa.gov/uas/recreational_flyers/knowledge_test_updates
Register Your Drone #
Federal regulation provides:
No person may operate a small unmanned aircraft that is eligible for registration under 49 U.S.C. 44101-44103 unless one of the following criteria has been satisfied:
(a) The owner has registered and marked the aircraft in accordance with this part;
(b) The aircraft is operated exclusively in compliance with 49 U.S.C. 44809 and weighs 0.55 pounds or less on takeoff, including everything that is on board or otherwise attached to the aircraft; or
(c) The aircraft is an aircraft of the Armed Forces of the United States.
What this regulation means is that as a recreational flyer, if your drone weighs more than .55 pounds (250 grams), including anything you add to the drone, you must register it with the FAA, and label the drone with the registration number. See, https://www.faa.gov/uas/getting_started/register_drone. This is why consumer drone manufacturers prominently advertise the weight of their product, with most of the the “mini drones” coming in at 249 grams. Just be aware that if you add anything to the drone, such as propeller guards, you are likely to exceed the weight limit and must register your drone before you are legally allowed to fly it. It only costs $5 to register your drone for 3 years.
If you are required to register your drone, you must also comply with remote ID requirements under 14 CFR Part 89. Remote ID is the ability of a drone in flight to provide identification and location information that can be received by other parties through a broadcast signal.
You can register your drone at https://faadronezone-access.faa.gov/
No Age Restriction #
Note that neither 49 USC § 44809 nor any federal regulation sets an age requirement for flying a drone recreationally. That means that even a young child is permitted to fly a drone recreationally under federal law. But, it also means that same child must follow all the requirements for recreational use, including TRUST certification!
State and Local Laws #
In addition to federal laws and regulations, you must also comply with state and local laws. These laws can further restrict where, when, and for what purpose you are allowed to fly your drone, even if it is just for recreational use. For example, someone might find using their drone to spy on their neighbor enjoyable and therefore recreational, but that doesn’t mean it is legal!
