What is FAA Part 107 and who does it apply to?

FAA Part 107, titled 'Small Unmanned Aircraft Systems,' governs the civil operation of small unmanned aircraft systems (sUAS) weighing less than 55 pounds for non-recreational purposes in the National Airspace System. It applies to any person conducting commercial or non-hobby drone operations, requiring the remote pilot in command to hold a Remote Pilot Certificate with a small UAS rating. Purely recreational flyers operating under a community-based safety organization's guidelines are generally covered under a separate statutory framework, not Part 107.

What kinds of operations require a Part 107 waiver or exemption?

Certain operations that deviate from standard Part 107 rules — such as flying at night without proper lighting, operating beyond visual line of sight, flying over moving vehicles or people, or exceeding the 400-foot altitude limit in uncontrolled airspace — require a waiver issued by the FAA. To obtain a waiver, the applicant must demonstrate that the proposed operation can be conducted safely under the specific conditions requested. Some operations may also require airspace authorization through the FAA's Low Altitude Authorization and Notification Capability (LAANC) system or DroneZone portal rather than a full waiver. Note that the 55-pound maximum takeoff weight in the definition of a small unmanned aircraft is not a waivable provision — an aircraft over 55 pounds falls outside Part 107 entirely regardless of any waiver.

What's the difference between recreational drone flying and Part 107 commercial operations?

Recreational drone flying is conducted purely for personal enjoyment and is governed by 49 U.S.C. § 44809, which allows hobbyists to fly without a Remote Pilot Certificate provided they follow community-based safety guidelines and register their aircraft if it weighs 0.55 pounds or more. Part 107, by contrast, applies when any form of compensation, business purpose, or non-hobby intent is involved, and it requires the remote pilot in command to pass the FAA Unmanned Aircraft General – Small (UAG) knowledge test and obtain a Remote Pilot Certificate. The FAA uses the purpose of the flight — not the equipment — to determine which regulatory framework applies.

FAA Part 107 Applicability and Scope

If you plan to fly a small unmanned aircraft system (sUAS) for any business purpose — real estate photography, inspection work, film production, agricultural surveys, or anything else where you receive compensation — you almost certainly need to operate under the FAA's 14 CFR Part 107. Signed into effect in 2016 and updated in 2021, Part 107 is the regulatory foundation for commercial drone operations in the United States. Understanding its applicability and scope is not just the first topic on the Remote Pilot knowledge test; it is the lens through which every other rule you will study must be viewed. Get this right and the rest of Part 107 falls into place logically.

This article covers what Part 107 applies to, what it intentionally excludes, who bears responsibility under its rules, and where the boundaries lie between routine Part 107 operations and activities that demand a waiver or an exception. Every fact here is grounded in the plain text of 14 CFR Part 107 and the FAA's supporting guidance.

What Part 107 Covers

Part 107 applies to the operation of a civil small unmanned aircraft system within the national airspace system (NAS) of the United States. The word "civil" is important: operations conducted by or exclusively for the federal government use a separate regulatory framework. The word "small" is equally important: a small unmanned aircraft is defined as one that weighs less than 55 pounds on takeoff, including everything on board — payload, batteries, attached equipment, and fuel (if any). That 55-pound ceiling is the first hard number every remote pilot candidate must memorize.

The phrase "within the NAS" means that Part 107 reaches wherever U.S. airspace exists. It covers operations over land and water, in controlled and uncontrolled airspace (subject to authorization requirements), at low altitudes and up to the Part 107 ceiling. There is no geographic escape hatch simply because you fly over private property or in a rural area.

What Part 107 Does Not Cover

Part 107 is deliberately scoped, and knowing its exclusions prevents misapplication of the rules on the test and in the field.

Hobby and recreational operations governed by Section 44809 of the FAA Reauthorization Act are not covered by Part 107. Purely recreational flyers operating within a community-based safety guidelines framework have their own set of rules. The moment a flight has any commercial or business purpose, however, Section 44809 no longer applies and Part 107 takes over.
Aircraft over 55 pounds. These operations fall outside Part 107 entirely and require a different form of FAA authorization, such as a Part 91 exemption or type certification. The 55-pound maximum takeoff weight in the definition of a small unmanned aircraft is not among Part 107's waivable provisions, so there is no Part 107 waiver that allows an sUAS to exceed 55 pounds.
Air carrier operations. Part 107 does not authorize carrying property for compensation on behalf of another person between states (i.e., air carrier work). Separate FAA authorization is required for that type of commercial delivery.
Public aircraft operations conducted by government entities under a public aircraft determination are excluded.
Model aircraft operated under an FAA-approved community-based organization flying purely for hobby purposes, as described above, remain outside Part 107.

Key Definitions Every Remote Pilot Must Know

Part 107 builds its applicability on a handful of precise definitions. Misreading one of these is a classic test trap.

Unmanned aircraft (UA): An aircraft operated without the possibility of direct human intervention from within or attached to the aircraft. This includes both remotely piloted and autonomous aircraft.
Small unmanned aircraft system (sUAS): The complete system — the unmanned aircraft itself plus all associated elements required for safe operation, including the control station, data links, and any support equipment.
Remote pilot in command (Remote PIC): The individual who is directly responsible for and has final authority over the operation of an sUAS under Part 107. This is a specific legal role — not just the person holding the controller at a given moment. The Remote PIC must hold a valid remote pilot certificate with an sUAS rating.
Visual observer (VO): A person employed by the Remote PIC to watch the UA and help maintain situational awareness. A VO is not required, but if used, the VO must be in direct communication with the Remote PIC and cannot simultaneously act as Remote PIC or manipulate the controls.
Person manipulating the controls: Anyone other than the Remote PIC who is physically operating the flight controls. This person must be under the direct supervision of the Remote PIC, who must be able to take immediate control if needed.

Who Bears Regulatory Responsibility

The Remote PIC is the linchpin of accountability under Part 107. The regulation makes clear that the Remote PIC is directly responsible for — and is the final authority on — the safety of the operation. This mirrors the concept of pilot in command authority in manned aviation. If anything goes wrong, regulatory scrutiny falls first on the Remote PIC. Importantly, the Remote PIC retains this authority and responsibility even when someone else is manipulating the controls of the aircraft.

Employers or companies that send employees out to fly commercially must ensure those employees hold a valid Remote Pilot Certificate. The FAA can take enforcement action against the Remote PIC, the owner of the aircraft, and potentially the company directing the operation if violations occur.

Operations That Require a Waiver

Part 107 establishes a set of standard operating limitations. When a proposed operation cannot comply with one or more of those limitations, the Remote PIC or operator may apply to the FAA for a Part 107 waiver. The FAA may issue a waiver if it determines the proposed operation can be safely conducted under the terms of the waiver. Waivable provisions include — but are not limited to — the requirements for daylight-only operations, visual line of sight, maximum altitude, operation over people, and the prohibition on flying from a moving vehicle. Importantly, not every limitation is waivable; some rules in Part 107 are absolute, including the 55-pound maximum takeoff weight that defines a small unmanned aircraft.

Separately, operations in controlled airspace (Class B, C, D, and surface Class E) require prior FAA authorization rather than a waiver. For most routine operations, this authorization is obtained through the FAA's Low Altitude Authorization and Notification Capability (LAANC) system, which provides near-real-time automated approval up to published altitude ceilings. Operations that exceed those ceilings or fall outside LAANC-enabled airports require a manual airspace authorization request through the FAA DroneZone portal.

Part 107 in the Context of Other Regulations

Part 107 does not stand alone. Remote pilots must also comply with other applicable sections of Title 14 CFR and the Aeronautical Information Manual (AIM) as they relate to sUAS operations. Relevant regulatory neighbors include:

14 CFR Part 48 — UAS registration requirements. Most sUAS flown under Part 107 must be registered with the FAA before flight.
14 CFR Part 91 — General operating rules that still apply in certain contexts, particularly regarding right-of-way and operations near other aircraft.
49 U.S.C. § 44809 — The recreational flyer statute, which defines the boundary between hobby and commercial operations.
Special Federal Aviation Regulations (SFARs) and Temporary Flight Restrictions (TFRs) — Remote PICs must comply with all active TFRs, Presidential NOTAMs, and other special use airspace restrictions just as manned aircraft operators must.

Why Applicability and Scope Matter

Understanding exactly where Part 107 begins and ends has direct safety and legal consequences. A common real-world mistake is assuming that because a flight is short, low, or over private land, Part 107 does not apply. It almost always does if the flight has commercial intent. Conversely, a recreational flyer who mistakenly believes they are operating under Part 107 may unwittingly bypass the community-based safety guidelines that protect recreational airspace users. Getting the scope right ensures you are following the correct ruleset, holding the correct credentials, and carrying the correct authorization before you ever spin up a motor.

Key Numbers and Rules

Maximum takeoff weight for Part 107 sUAS: less than 55 pounds (including payload and all on-board equipment).
Part 107 applies to all civil sUAS operations in the NAS; it does not apply to purely recreational flights under Section 44809.
The Remote PIC is always legally responsible for the safety of the operation, even when another person manipulates the controls.
Operations in Class B, C, D, and surface Class E airspace require prior FAA airspace authorization — most commonly obtained via LAANC.
Operations that deviate from standard Part 107 limitations require a waiver from the FAA, applied for through DroneZone.
Part 107 does not authorize air carrier operations (carrying another's property for compensation between states).

Common Test Traps

"It's just a hobby flight, so Part 107 doesn't apply." Wrong — the dividing line is commercial intent, not the nature of the aircraft or location. Even a single sponsored social media post can shift a flight from recreational to commercial.
Confusing weight limits: The limit is less than 55 pounds, not "55 pounds or less." An aircraft weighing exactly 55 pounds does not qualify under Part 107's standard framework.
Assuming private property means no FAA oversight: The FAA regulates airspace, not land. Flying over your own backyard commercially still requires Part 107 compliance.
Confusing waivers with airspace authorization: These are two separate processes. A waiver modifies a Part 107 operating limitation; an authorization grants access to controlled airspace. You may need both for a single operation.
Assuming a visual observer is the Remote PIC: A VO has no PIC authority. The Remote PIC retains full responsibility and must be ready to take immediate control at all times.