B. Operating rules

1. Registration requirements for sUAS

• A small UA must be registered, as provided for in 14 CFR part 47 or part 48 prior to operating under part 107. Part 48 is the regulation that establishes the streamlined online registration option for sUAS that will be operated only within the territorial limits of the United States. Alternatively, sUAS can elect to register under Part 47 in the same manner as manned aircraft.

  

2. The requirement for the sUAS to be in a condition for safe operation

• An sUAS must be maintained in a condition for safe operation. Prior to flight, the remote PIC is responsible for conducting a check of the sUAS and verifying that it is actually in a condition for safe operation. Guidance regarding how to determine that an sUAS is in a condition for safe operation is found in Chapter 7, sUAS Maintenance and Inspection.
• How to inspect: Before each flight, the remote PIC must inspect the sUAS to ensure that it is in a condition for safe operation, such as inspecting for equipment damage or malfunction(s). The preflight inspection should be conducted in accordance with the sUAS manufacturer’s inspection procedures when available (usually found in the manufacturer’s owner or maintenance manual) and/or an inspection procedure developed by the sUAS owner or operator.
• Even if the sUAS manufacturer has a written preflight inspection procedure, it is recommended that the remote PIC ensure that the following inspection items are incorporated into the preflight inspection procedure required by part 107 to help the remote PIC determine that the sUAS is in a condition for safe operation. The preflight inspection should include a visual or functional check of the following items:
  1. Visual condition inspection of the UAS components;
  2. Airframe structure (including undercarriage), all flight control surfaces, and linkages;
  3. Registration markings, for proper display and legibility;
  4. Moveable control surface(s), including airframe attachment point(s);
  5. Servo motor(s), including attachment point(s);
  6. Propulsion system, including powerplant(s), propeller(s), rotor(s), ducted fan(s), etc.;
  7. Verify all systems (e.g., aircraft and control unit) have an adequate energy supply for the intended operation and are functioning properly;
  8. Avionics, including control link transceiver, communication/navigation equipment, and antenna(s);
  9. Calibrate UAS compass prior to any flight;
  10. Control link transceiver, communication/navigation data link transceiver, and antenna(s);
  11. Display panel, if used, is functioning properly;
  12. Check ground support equipment, including takeoff and landing systems, for proper operation;
  13. Check that control link correct functionality is established between the aircraft and the CS;
  14. Check for correct movement of control surfaces using the CS;
  15. Check onboard navigation and communication data links;
  16. Check flight termination system, if installed;
  17. Check fuel for correct type and quantity;
  18. Check battery levels for the aircraft and CS;
  19. Check that any equipment, such as a camera, is securely attached;
  20. Verify communication with UAS and that the UAS has acquired GPS location from at least four satellites;
  21. Start the UAS propellers to inspect for any imbalance or irregular operation;
  22. Verify all controller operation for heading and altitude;
  23. If required by flight path walk through, verify any noted obstructions that may interfere with the UAS; and
  24. At a controlled low altitude, fly within range of any interference and recheck all controls and stability.Check out our Don’t Crash Course for more insights on how to conduct a thorough pre-flight inspection.

3. Medical conditions that would interfere with safe operation of sUAS

• Being able to safely operate the sUAS relies on, among other things, the physical and mental capabilities of the remote PIC, person manipulating the controls, VO, and any other direct participant in the sUAS operation. Though the person manipulating the controls of an sUAS and VO are not required to obtain an airman medical certificate, they may not participate in the operation of an sUAS if they know or have reason to know that they have a physical or mental condition that could interfere with the safe operation of the sUAS.
• Physical or Mental Incapacitations:
  1. The temporary or permanent loss of the dexterity necessary to operate the CS to safely control the small UA.
  2. The inability to maintain the required “see and avoid” vigilance due to blurred vision.
  3. The inability to maintain proper situational awareness of the small UA operations due to illness and/or medication(s), such as after taking medications with cautions not to drive or operate heavy machinery.
  4. A debilitating physical condition, such as a migraine headache or moderate or severe body ache(s) or pain(s) that would render the remote PIC, person manipulating the controls, or VO unable to perform sUAS operational duties. A hearing or speaking impairment that would inhibit the remote PIC, person manipulating the controls, and VO from effectively communicating with each other. In a situation such as this, the remote PIC must ensure that an alternative means of effective communication is implemented. For example, a person who is hearing impaired may be able to effectively use sign language to communicate.

4. The responsibility and authority of the remote PIC

• Just like a manned-aircraft PIC, the remote PIC of an sUAS is directly responsible for, and is the final authority as to, the operation of that UAS. The remote PIC will have final authority over the flight. Additionally, a person manipulating the controls can participate in flight operations under certain conditions. It is important to note that a person may not operate or act as a remote PIC or VO in the operation of more than one UA at the same time.

5. Allowing a person other than the PIC to manipulate the flight controls

• Part 107 permits transfer of control of an sUAS between certificated remote pilots. Two or more certificated remote pilots transferring operational control (i.e., the remote PIC designation) to each other may do so only if they are both capable of maintaining Visual Line of Sight (VLOS) of the UA and without loss of control (LOC). For example, one remote pilot may be designated the remote PIC at the beginning of the operation, and then at some point in the operation another remote pilot may take over as remote PIC by positively communicating that he or she is doing so. As the person responsible for the safe operation of the UAS, any remote pilot who will assume remote PIC duties should meet all of the requirements of part 107, including awareness of factors that could affect the flight.
• Autonomous Operations:
  1. An autonomous operation is generally considered an operation in which the remote pilot inputs a flight plan into the CS, which sends it to the autopilot onboard the small UA. During automated flight, flight control inputs are made by components onboard the aircraft, not from a CS. Thus, the remote PIC could lose the control link to the small UA and the aircraft would still continue to fly the programmed mission/return home to land. During automated flight, the remote PIC also must have the ability to change routing/altitude or command the aircraft to land immediately. The ability to direct the small UA may be through manual manipulation of the flight controls or through commands using automation.
     • The remote PIC must retain the ability to direct the small UA to ensure compliance with the requirements of part 107
     • The use of automation does not allow a person to simultaneously operate more than one small UA
• Use of a Visual Observer:
  1. The use of a VO is optional. The remote PIC may choose to use a VO to supplement situational awareness and VLOS. Although the remote PIC and person manipulating the controls must maintain the capability to see the UA, using one or more VOs allows the remote PIC and person manipulating the controls to conduct other mission-critical duties, while still ensuring situational awareness of the UA.

6. Regulatory deviation and report requirements for in flight emergencies

• An in-flight emergency is an unexpected and unforeseen serious occurrence or situation that requires urgent, prompt action. In case of an in-flight emergency, the remote PIC is permitted to deviate from any rule of part 107 to the extent necessary to respond to that emergency. A remote PIC who exercises this emergency power to deviate from the rules of part 107 is required, upon FAA request, to send a written report to the FAA explaining the deviation. Emergency action should be taken in such a way as to minimize injury or damage to property. Watch and learn how to prepare for a system emergency failure

7. Hazardous operations

• No person may operate a small unmanned aircraft system in a careless or reckless manner as to endanger the life or property of another or allow an object to be dropped from a small unmanned aircraft in a manner that creates an undue hazard to persons or property.
• TFR: Certain temporary flight restrictions (http://tfr.faa.gov/tfr2/list.html) may be imposed by way of a NOTAM (https://pilotweb.nas.faa.gov/PilotWeb/). Therefore, it is necessary for the sUAS remote PIC to check for NOTAMs before each flight to determine if there are any applicable airspace restrictions.
• Over persons: Part 107 prohibits a person from flying a small UA directly over a person who is not under a safe cover, such as a protective structure or a stationary vehicle. However, a small UA may be flown over a person who is directly participating in the operation of the sUAS, such as the remote PIC, other person manipulating the controls, a VO, or crewmembers necessary for the safety of the sUAS operation, as assigned and briefed by the remote PIC.

8. Careless or reckless

• Part 107 also prohibits careless or reckless operation of an sUAS. Flying an sUAS while driving a moving vehicle is considered to be careless or reckless because the person’s attention would be hazardously divided. Therefore, the remote PIC or person manipulating the flight controls cannot operate an sUAS and drive a moving vehicle in a safe manner and remain in compliance with part 107.

9. Dropping an object

• You may not allow an object to be dropped from a small unmanned aircraft in a manner that creates an undue hazard to persons or property.
• Part 107 does not allow the carriage of hazardous materials because the carriage of hazardous materials poses a higher level of risk.

10. Operating from a moving aircraft or moving land or water borne vehicle

• No person may operate a small unmanned aircraft system from a moving aircraft or from a moving land or water borne vehicle unless the small unmanned aircraft is flown over a sparsely populated area and is not transporting another person’s property for compensation or hire. Check out our blog post, “What You Need to Know Before Flying Your Drone from a Moving Vehicle” to learn more about this topic.

11. Alcohol or drugs and the provisions on prohibition of use

• Part 107 does not allow operation of an sUAS if the remote PIC, person manipulating the controls, or VO is unable to safely carry out his or her responsibilities.
• 14 CFR 107 Prohibits a person from serving as a remote PIC, person manipulating the controls, VO or other crewmember if he or she:
  1. Consumed any alcoholic beverage within the preceding 8 hours
  2. Is under the influence of alcohol
  3. Has a blood alcohol concentration of .04 percent or greater
  4. Is using a drug that affects the person’s mental or physical capabilities

12. Daylight operation

• Part 107 prohibits operation of an sUAS at night, which is defined in part 1 as the time between the end of evening civil twilight and the beginning of morning civil twilight, as published in The Air Almanac, converted to local time.
• Operations during civil twilight:
  1. When sUAS operations are conducted during civil twilight, the small UA must be equipped with anti-collision lights that are capable of being visible for at least 3 sm. However, the remote PIC may reduce the visible distance of the lighting less than 3 sm during a given flight if he or she has determined that it would be in the interest of safety to do so, for example if it impacts his or her night vision. sUAS not operated during civil twilight are not required to be equipped with anti-collision lighting. Need a Daylight waiver to fly your drone at night? We have created this instructional video to help you out.
     

13. Visual line of sight aircraft operations

• The remote PIC and person manipulating the controls must be able to see the small UA at all times during flight. Therefore, the small UA must be operated closely enough to the CS to ensure visibility requirements are met during small UA operations. This requirement also applies to the VO, if used during the aircraft operation. However, the person maintaining VLOS may have brief moments in which he or she is not looking directly at or cannot see the small UA, but still retains the capability to see the UA or quickly maneuver it back to VLOS.
• For operational necessity, the remote PIC or person manipulating the controls may intentionally maneuver the UA so that he or she loses sight of it for brief periods of time. Should the remote PIC or person manipulating the controls lose VLOS of the small UA, he or she must regain VLOS as soon as practicable.
• VLOS must be accomplished and maintained by unaided vision, except vision that is corrected by the use of eyeglasses (spectacles) or contact lenses. Vision aids, such as binoculars, may be used only momentarily to enhance situational awareness.

14. The requirement when a visual observer is used

• The use of a VO is optional. The remote PIC may choose to use a VO to supplement situational awareness and VLOS. Although the remote PIC and person manipulating the controls must maintain the capability to see the UA, using one or more VOs allows the remote PIC and person manipulating the controls to conduct other mission-critical duties (such as checking displays) while still ensuring situational awareness of the UA. The VO must be able to effectively communicate:
  1. UA location, attitude, altitude and direction of flight.
  2. Position of other aircraft or hazards in the airspace
  3. The determination that the UA does not endanger the life or property of another.

15. The prohibition of carrying hazardous material

• A small unmanned aircraft may not carry hazardous material. For purposes of this section, the term hazardous material is defined in 49 CFR 171.8

16. Staying safely away from other aircraft and right of way rules

• Each small unmanned aircraft must yield the right of way to all aircraft, airborne vehicles, and launch and reentry vehicles. 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.
• A remote PIC has a responsibility to operate the small UA so it remains clear of and yields to all other aircraft. This is traditionally referred to as “see and avoid.” To satisfy this responsibility, the remote PIC must know the location and flight path of his or her small UA at all times. The remote PIC must be aware of other aircraft, persons, and property in the vicinity of the operating area, and maneuver the small UA to avoid a collision, as well as prevent other aircraft from having to take action to avoid the small UA.
• No person may operate a small unmanned aircraft so close to another aircraft as to create a collision hazard.

17. See and avoid other aircraft and other potential hazard considerations of the remote PIC

• This is traditionally referred to as “see and avoid.” To satisfy this responsibility, the remote PIC must know the location and flight path of his or her small UA at all times.

18. Operations over human beings

• No person may operate a sUAS over a human being unless that human being is:
  1. Directly participating in the operation of the small unmanned aircraft or
  2. Location under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft.

19. Prior authorization required for operation in certain airspace

• No person may operate a small unmanned aircraft 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 that person has prior authorization from Air Traffic Control (ATC).
• Though many sUAS operations will occur in uncontrolled airspace, there are some that may need to operate in controlled airspace. Operations 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, are not allowed unless that person has prior authorization from air traffic control (ATC). The link to the current authorization process can be found at www.faa.gov/uas/. The sUAS remote PIC must understand airspace classifications and requirements. Failure to do so would be in violation of the part 107 regulations and may potentially have an adverse safety effect. Check out our guide, “How to Get LAANC Approval Using Kittyhawk and Skyward“.

20. Operating in the vicinity of airports

• 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.

21. Operating 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.

22. Flight restrictions in the proximity of certain areas designated by notice to airmen (NOTAM)

• A person acting as a remote pilot in command must comply with the provisions of §§ 91.137 through 91.145 and 99.7 of this section.

23. Preflight familiarization inspection and actions for aircraft operations

• Prior to flight, the remote pilot in command must:
  1. Assess the operating environment, considering risks to persons and property in the immediate vicinity both on the surface and in the air.
     • Local weather conditions
     • Local airspace and any flight restrictions
     • The location of persons and property on the surface
     • Other ground hazards
  2. Ensure that all persons directly participating in the small unmanned aircraft operation are informed about the operating conditions, emergency procedures, contingency procedures, roles and responsibilities, and potential hazards;
  3. Ensure that all control links between ground control station and the small unmanned aircraft are working properly.
  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.
  5. Ensure that any object attached or carried by the small unmanned aircraft is secure and does not adversely affect the flight characteristics or controllability of the aircraft.

24. Operating limitations of sUAS

• A remote pilot in command and the person manipulating the flight controls of the small unmanned aircraft system must comply with all of the following operating limitations when operating a small unmanned aircraft system:
  1. Maximum ground speed – sUAS may not exceed 87 knots or 100 mph.
  2. Altitude limitations – the altitude of the small unmanned aircraft cannot be higher than 400 feet above ground level, unless the small unmanned aircraft:
     • Is flown within a 400 foot radius of a structure and
     • Does not fly higher than 400 feet above the structure’s immediate uppermost limit
  3. Minimum visibility – the minimum flight visibility, as observed from the location of the control station must be no less than 3 statute miles. For purposes of this section, flight visibility means the average slant distance from the control station at which prominent unlighted objects may be seen and identified by day and prominent lighted objects may be seen and identified by night.
  4. Cloud clearance requirements – The minimum distance of the small unmanned aircraft from clouds must be no less than:
     • 500 feet below the cloud; and
     • 2,000 feet horizontally from the cloud

25. The requirements for a remote pilot certification with an sUAS rating

• Be at least 16 years of age
• Be able to read speak and write and understand the English language.
• Not know or have reason to know that he has a physical or mental condition that would interfere with the safe operation of a small unmanned aircraft system
• Demonstrate aeronautical knowledge by pass an initial aeronautical knowledge test

26. Remote pilot certification with an sUAS rating

• Offenses involving alcohol or drugs
  1. 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:
     • Denial of application for RPIC for a period of up to 1 year after the date of final conviction or
     • Suspension or revocation of a remote pilot certificate with a small UAS rating
• The consequences of refusing to submit to a drug or alcohol test or to furnish test results
  1. 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:
     • Denial of an application for a RPIC
     • Suspension or revocation of a remote pilot certificate
• Aeronautical knowledge recency
  1. 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:
     • Passed an initial aeronautical knowledge test covering the areas of knowledge specified in 107.73a
     • Passed a recurrent aeronautical knowledge test covering the areas of knowledge specified in 107.73b
     • If a person holds a pilot certificate (other than a student pilot certificate) issued under part 61 of this chapter and meets the flight review requirements specified in §
     • § 61.56, passed either an initial or recurrent training course covering the areas of knowledge specified in § 107.74(a) or (b) in a manner acceptable to the Administrator.

27. Waivers

• • The waiver policy and requirements
    1. Part 107 includes the option to apply for a Certificate of Waiver (CoW). This CoW will allow an sUAS operation to deviate from certain provisions of part 107 if the Administrator finds that the proposed operation can be safely conducted under the terms of that CoW. A list of the waivable sections of part 107 can be found in § 107.205 and are listed below:
       • Section 107.25, Operation from a moving vehicle or aircraft. However, no waiver of this provision will be issued to allow the carriage of property of another by aircraft for compensation or hire
       • Section 107.29, Daylight operation.
       • Section 107.31, Visual line of sight aircraft operation. However, no waiver of this provision will be issued to allow the carriage of property of another by aircraft for compensation or hire.
       • Section 107.33, Visual observer.
       • Section 107.35, Operation of multiple small unmanned aircraft systems.
       • Section 107.37(a), Yielding the right of way.
       • Section 107.39, Operation over people.
       • Section 107.41, Operation in certain airspace.
       • Section 107.51, Operating limitations for small unmanned aircraft.
    2. How to apply for a COW, an applicant must go to www.faa.gov/uas and follow the instructions
    3. What needs to be in the COW?
       • The application must contain a complete description of the proposed operation and a justification, including supporting data and documentation (as necessary), that establishes that the proposed operation can safely be conducted under the terms of a COW.
       • If a COW is granted, that certificate may include specific special provisions designed to ensure that the sUAS operation may be conducted as safely as one conducted under the provisions of part 107.Check out our blog post to learn how to apply for a Part 107 Waiver through the FAA DroneZone.