What is the difference between Part 107 and Part 101 for drone pilots?

14 CFR Part 107 governs commercial small unmanned aircraft system (sUAS) operations and requires pilots to pass the FAA Aeronautical Knowledge Test and obtain a Remote Pilot Certificate. Part 101 covers recreational flyers who fly purely for fun under a community-based organization's safety guidelines, without the need for FAA certification, though they must still register their aircraft and follow applicable airspace restrictions. Understanding these distinctions is a key focus area on the FAA Part 107 Aeronautical Knowledge Test.

Do recreational drone pilots under Part 101 need FAA authorization to fly in controlled airspace?

Yes, recreational flyers operating under 14 CFR Part 101 must obtain FAA authorization before flying in controlled airspace, typically accomplished through the FAA's LAANC system or the DroneZone portal. Unlike Part 107 remote pilots, recreational flyers cannot apply for individual waivers to deviate from most operating rules. Both groups must comply with any airspace restrictions, Temporary Flight Restrictions (TFRs), and Special Use Airspace requirements outlined in the AIM and 14 CFR.

Why do Part 107 remote pilots need a waiver while recreational flyers do not have that option?

Under 14 CFR Part 107, the FAA provides a formal waiver process that allows certificated remote pilots to request deviations from specific rules—such as operating at night, beyond visual line of sight, or over people—provided they can demonstrate equivalent safety measures. Recreational flyers operating under Part 101 are not eligible for these individual waivers and must instead adhere strictly to the safety guidelines of an FAA-recognized community-based organization. This waiver flexibility under Part 107 reflects the higher accountability and aeronautical knowledge standards required of certificated remote pilots.

Part 107 vs. Part 101 Recreational Flyer Rules Comparison

When the FAA regulates unmanned aircraft systems (UAS) in the National Airspace System (NAS), it does so under two distinct regulatory frameworks depending on the purpose of the flight. 14 CFR Part 107 governs small UAS operations flown for commercial, business, or non-recreational purposes, while 14 CFR Part 101, Subpart E (together with the Special Rule for Model Aircraft codified through the FAA Reauthorization Act) governs hobby or recreational drone flying. Understanding the differences between these two sets of rules is one of the most heavily tested topics on the FAA Part 107 Aeronautical Knowledge Test, and more importantly, it has real-world consequences: flying under the wrong rules — intentionally or not — can result in civil penalties or certificate action.

The easiest way to think about the distinction is by asking a single question: Is there any business, commercial, or non-hobby purpose to this flight? If the answer is yes — even indirectly, such as filming a property to promote a real estate listing — Part 107 applies. If the purpose is purely recreational fun with no commercial benefit to any party, the recreational rules of Part 101/Subpart E may apply, provided the operator meets all the requirements of that subpart.

Who Must Follow Each Rule

Under Part 107, any person operating a small unmanned aircraft (under 55 pounds) for non-recreational purposes must hold a valid Remote Pilot Certificate with a Small UAS rating (or be directly supervised by someone who does). The certificate requires passing the FAA Aeronautical Knowledge Test at an approved testing center every 24 calendar months (via a knowledge test or, for certificated pilots, an online recurrent course). The remote pilot in command (RPIC) bears legal responsibility for the safety of each flight, must register the aircraft if it weighs more than 0.55 pounds, and must conduct a pre-flight safety assessment.

Under Part 101, Subpart E (recreational rules), no FAA certificate or rating is required. However, recreational flyers are not exempt from all requirements. They must: (1) fly only for hobby or recreational purposes, (2) fly within the programming of a community-based organization (CBO) whose safety guidelines have been accepted by the FAA, (3) register their aircraft if it weighs more than 0.55 pounds and mark it with the registration number, (4) pass an aeronautical knowledge and safety test offered by the CBO or the FAA's TRUST (The Recreational UAS Safety Test), and (5) fly only within visual line of sight (VLOS).

Airspace Authorization

This is one of the most critical differences. Under Part 107, operations in controlled airspace (Classes B, C, D, and surface-area Class E) require prior authorization from the FAA. The primary mechanism is the Low Altitude Authorization and Notification Capability (LAANC) system, which provides near-real-time automated approvals up to designated UAS Facility Map (UAS FM) altitudes, or the remote pilot can request a manual waiver through DroneZone. Part 107 operators may also fly in uncontrolled airspace (Class G) without prior authorization.

Recreational flyers under Part 101 must also obtain FAA authorization before flying in controlled airspace — they can use LAANC through participating CBOs or the FAA's DroneZone. In Class B, C, D, or surface-area Class E airspace, recreational flyers have no blanket exemption. Additionally, recreational flyers must give way to and not interfere with manned aircraft operations. The older statutory requirement to notify the airport operator and control tower before flying within 5 statute miles of an airport has been removed; current rules instead require LAANC or DroneZone airspace authorization when operating in controlled airspace near an airport.

Altitude Limits

Under Part 107, the standard maximum altitude is 400 feet above ground level (AGL). There is one important exception: when a small UAS is flown within a 400-foot radius of a structure, it may fly up to 400 feet above the top of that structure. This means a drone inspecting a 300-foot tower can legally operate up to 700 feet AGL while remaining within that 400-foot lateral bubble of the structure.

Recreational flyers under Part 101 are also limited to 400 feet AGL in uncontrolled airspace. In controlled airspace, they must comply with any altitude limits specified in the LAANC authorization or other FAA approval. Recreational operators do not have the structural exception that Part 107 provides, making it another meaningful distinction between the two frameworks.

Waivers and Operational Flexibility

One of the most significant advantages Part 107 offers over the recreational rules is the waiver system. Under Part 107, the FAA may issue a Certificate of Waiver allowing a remote pilot to deviate from specific operational rules — such as flying at night, flying beyond visual line of sight (BVLOS), flying over people, operating multiple aircraft simultaneously, or flying from a moving vehicle. Waivers require a safety case demonstrating that the proposed operation can be conducted safely.

Recreational flyers under Part 101 have no equivalent waiver system. They cannot obtain a waiver to fly beyond visual line of sight, fly at night without lights (recreational operators may fly at night but must have anti-collision lighting visible for at least 3 statute miles), or perform operations that deviate from Part 101 requirements. If a recreational operator wants to conduct any of those advanced operations, they must instead obtain a Part 107 Remote Pilot Certificate and operate under that framework.

Visual Line of Sight and Operating from Vehicles

Both Part 107 and Part 101 require visual line of sight (VLOS) operations as a baseline. The remote pilot or a visual observer must be able to see the aircraft at all times with unaided vision (corrective lenses are permitted). Neither framework allows the use of first-person view (FPV) goggles alone to satisfy the VLOS requirement — a visual observer who maintains unaided VLOS must be present if the RPIC is using FPV equipment.

Under Part 107, operations from a moving vehicle are prohibited in populated areas but may be conducted in sparsely populated areas. Under Part 101, there is no explicit provision for operating from a moving vehicle — recreational flyers are generally expected to operate from a stationary position.

Key Numbers and Rules

Part 107 certificate renewal: Every 24 calendar months via knowledge test or recurrent online training (for Part 61 certificate holders).
Weight threshold for registration: More than 0.55 lbs (250 grams) under both Part 107 and Part 101.
Maximum altitude (both frameworks): 400 feet AGL in uncontrolled airspace; Part 107 adds the 400-foot-above-structure exception.
Night flying — Part 107: Allowed with anti-collision lighting visible for at least 3 statute miles (waiver no longer required after the 2021 rule update).
Night flying — Part 101 (recreational): Allowed with anti-collision lighting visible for at least 3 statute miles.
Speed limit under Part 107: No more than 87 knots (100 mph) indicated airspeed.
TRUST test (recreational): Required for all recreational flyers; must be completed before flight.
Controlled airspace authorization: Required under both Part 107 and Part 101 — neither framework provides a blanket right to fly in Class B, C, D, or surface-area Class E.

Common Test Traps

"Recreational" doesn't mean unregulated. Many students assume Part 101 operators have no FAA obligations. In fact, they must pass TRUST, register aircraft over 0.55 lbs, obtain airspace authorization, and comply with CBO safety guidelines.
The 5-mile phone-call rule has been eliminated. Older study materials mention calling the airport within 5 miles, but this statutory notification requirement was removed. Current rules require LAANC or DroneZone airspace authorization when operating in controlled airspace, not an airport phone call.
The structural altitude exception only applies to Part 107. Recreational flyers cannot use the "400 feet above a structure" exception; it is a Part 107-specific rule.
Any commercial benefit triggers Part 107. Even indirect compensation — such as posting aerial footage to a monetized YouTube channel or using images to promote a business — can constitute a commercial operation requiring Part 107 certification.
Part 107 waivers are not available to recreational flyers. Students sometimes assume a recreational operator can apply for a waiver. They cannot; the waiver system exists exclusively within the Part 107 framework.