Task B. Operating Rules
| Task B. Operating Rules | |
| References | 14 CFR parts 47, 48, 89, and 107, subpart B; AC 107-2; FAA-H-8083-25; FAA-G-8082-22 |
| Objective | To determine that the applicant is knowledgeable of the operating rules of 14 CFR parts 89 and 107, the registration rules of 14 CFR parts 47 and 48, and other associated operating requirements. |
| Knowledge | The applicant demonstrates understanding of: |
| UA.I.B.K1 | Registration requirements for sUAS. |
| UA.I.B.K2 | Requirement for the sUAS to be in a condition for safe operation. |
| UA.I.B.K3 | Medical condition(s) that would interfere with safe operation of an sUAS. |
| UA.I.B.K4 | Responsibility and authority of the remote PIC. |
| UA.I.B.K4a | a. Allowing a person other than the remote PIC to manipulate the flight controls |
| UA.I.B.K5 | Regulatory deviation and reporting requirements for in-flight emergencies. |
| UA.I.B.K6 | Hazardous operations. |
| UA.I.B.K6a | a. Careless or reckless |
| UA.I.B.K6b | b .Dropping an object |
| UA.I.B.K7 | Operating from a moving aircraft or moving land-or water-borne vehicle. |
| UA.I.B.K8 | Alcohol or drugs and the provisions on prohibition of use. |
| UA.I.B.K9 | Daylight operations. |
| UA.I.B.K10 | Visual line of sight (VLOS) aircraft operations. |
| UA.I.B.K11 | Requirements when a visual observer is used. |
| UA.I.B.K12 | Prohibition of operating multiple sUAS. |
| UA.I.B.K13 | Prohibition of carrying hazardous material. |
| UA.I.B.K14 | Staying safely away from other aircraft and right-of-way rules. |
| UA.I.B.K14a | a. See and avoid other aircraft and other potential hazard considerations of the remote PIC |
| UA.I.B.K15 | Operations over human beings (Refer to Area of Operation I, Task E). |
| UA.I.B.K16 | Prior authorization required for operation in certain airspace. |
| UA.I.B.K17 | Operating in the vicinity of airports. |
| UA.I.B.K18 | Operating in prohibited or restricted areas. |
| UA.I.B.K19 | Flight restrictions in the proximity of certain areas designated by notice to airmen (NOTAM). |
| UA.I.B.K20 | Preflight familiarization, inspection, and actions for aircraft operations. |
| UA.I.B.K21 | Operating limitations for sUAS. |
| UA.I.B.K21a | a. Maximum groundspeed |
| UA.I.B.K21b | b. Altitude limitations |
| UA.I.B.K21c | c. Minimum visibility |
| UA.I.B.K21d | d. Cloud clearance requirements |
| UA.I.B.K22 | Requirements for a Remote Pilot Certificate with an sUAS rating. |
| UA.I.B.K23 | Automated operations. |
| UA.I.B.K24 | Civil twilight operations. |
| UA.I.B.K25 | Night operations. |
| UA.I.B.K26 | Transportation of property. |
| UA.I.B.K27 | ATC transponder equipment prohibition. |
| UA.I.B.K28 | ADS-B Out prohibition. |
| Risk Management | [Reserved] |
| Skills |
[Not Applicable] |
UA.I.B.K1 Registration requirements for sUAS (AC 107.2A 5.4 & 5.4.1)
Aircraft Registration: A small unmanned aircraft must be registered, in accordance with part 47 or part 48, prior to operating under part 107. Part 48 is the regulation that establishes the streamlined online registration option for small unmanned aircraft that will be operated only within the territorial limits of the United States. The online registration website is https://faadronezone.faa.gov/. Guidance regarding small unmanned aircraft registration and marking may be found at https://www.faa.gov/licenses_certificates/aircraft_certification/aircraft_registry/. Alternatively, small unmanned aircraft owners or operators can elect to register under part 47 in the same manner as manned aircraft.
Registration and Permit for Foreign-Owned and Operated Small UAS: If small UAS operations involve the use of foreign civil aircraft, the operator would need to obtain a Foreign Aircraft Permit pursuant to 14 CFR part 375, as described in § 375.41, before conducting any commercial air operations under this authority. Foreign civil aircraft means (a) an aircraft of foreign registry that is not part of the armed forces of a foreign nation, or (b) a U.S.-registered aircraft owned, controlled, or operated by persons who are not citizens or permanent residents of the United States. Application instructions are specified in § 375.43. Applications should be submitted by electronic mail to the Department of Transportation (DOT) Office of International Aviation, Foreign Air Carrier Licensing Division at https://cms.dot.gov/policy/aviation-policy/licensing/foreign-carriers. Foreign-owned and operated small UAS must be registered, as provided for under part 47 or part 48, including submission of an Affidavit of Ownership for Unmanned Aircraft, if necessary. Additional information can be obtained at https://www.faa.gov/licenses_certificates/aircraft_certification/aircraft_registry/UA/. (Refer to Title 49 of the United States Code (49 U.S.C.) § 44101(b)(1) for exceptions.)
PART 48—REGISTRATION AND MARKING REQUIREMENTS FOR SMALL UNMANNED AIRCRAFT
Subpart A—General
§ 48.1 Applicability.
(a) This part provides registration and identification requirements for small unmanned aircraft that are part of a small unmanned aircraft system as defined in § 1.1 of this chapter.
(b) Small unmanned aircraft eligible for registration in the United States must be registered and identified in accordance with either:
(1) The registration and identification requirements in this part; or
(2) The registration requirements in part 47 and the identification and registration marking requirements in subparts A and C of part 45.
(c) Small unmanned aircraft intended to be operated outside of the territorial airspace of the United States, or registered through a trust or voting trust, must be registered in accordance with subparts A and B of part 47 and satisfy the identification and registration marking requirements of subparts A and C of part 45.
§ 48.10 Definitions.
For purposes of this part, the following definitions apply:
Citizen of the United States or U.S. citizen means one of the following:
(1) An individual who is a citizen of the United States or one of its possessions.
(2) A partnership each of whose partners is an individual who is a citizen of the United States.
(3) A corporation or association organized under the laws of the United States or a State, the District of Columbia, or a territory or possession of the United States, of which the president and at least two-thirds of the board of directors and other managing officers are citizens of the United States, which is under the actual control of citizens of the United States, and in which at least 75 percent of the voting interest is owned or controlled by persons that are citizens of the United States.
Registry means the FAA, Civil Aviation Registry, Aircraft Registration Branch.
Resident alien means an individual citizen of a foreign country lawfully admitted for permanent residence in the United States as an immigrant in conformity with the regulations of the Department of Homeland Security (8 CFR Chapter 1).
§ 48.15 Requirement to register.
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.
[Doc. No. FAA-2015-7396; Amdt. No. 48-1; 80 FR 78645, Dec. 16, 2015, as amended by Doc. No. FAA-2019-1100; Amdt. No. 48-3; 86 FR 4504, Jan. 15, 2021]
§ 48.20 Eligibility for registration.
A small unmanned aircraft may be registered under 49 U.S.C. 44103 and under this part only when the aircraft is not registered under the laws of a foreign country and is—
(a) Owned by a U.S. citizen;
(b) Owned by an individual citizen of a foreign country lawfully admitted for permanent residence in the United States;
(c) Owned by a corporation not a citizen of the United States when the corporation is organized and doing business under the laws of the United States or a State within the United States, and the aircraft is based and primarily used in the United States; or
(d) An aircraft of—
(1) The United States Government; or
(2) A State, the District of Columbia, a territory or possession of the United States, or a political subdivision of a State, territory, or possession.
§ 48.25 Applicants.
(a) To register a small unmanned aircraft in the United States under this part, a person must provide the information required by § 48.110 to the Registry in a form and manner prescribed by the Administrator. Upon submission of this information, the FAA issues a Certificate of Aircraft Registration to that person.
(b) A small unmanned aircraft must be registered by its owner using the legal name of its owner, unless the owner is less than 13 years of age. If the owner is less than 13 years of age, then the small unmanned aircraft must be registered by a person who is at least 13 years of age.
(c) In accordance with 49 U.S.C. 44103(c), registration is not evidence of aircraft ownership in any proceeding in which ownership of an unmanned aircraft by a particular person is in issue.
(d) In this part, “owner” includes a buyer in possession, a bailee, a lessee of a small unmanned aircraft under a contract of conditional sale, and the assignee of that person.
[Doc. No. FAA-2015-7396; Amdt. No. 48-1; 80 FR 78645, Dec. 16, 2015, as amended by Doc. No. FAA-2019-1100; Amdt. No. 48-3; 86 FR 4504, Jan. 15, 2021]
§ 48.30 Fees.
(a) The fee for issuing or renewing a Certificate of Aircraft Registration as described in § 48.100 is $5.00 per aircraft.
(b) The fee for issuing or renewing a Certificate of Aircraft Registration as described in § 48.105 is $5.00 per certificate.
(c) Each application for and renewal of a Certificate of Aircraft Registration must be accompanied by the fee described in paragraphs (a) and (b), as applicable, paid to the Federal Aviation Administration through the web-based aircraft registration system, or in another manner if prescribed by the Administrator.
[Doc. No. FAA-2015-7396; Amdt. No. 48-1; 80 FR 78645, Dec. 16, 2015, as amended by Doc. No. FAA-2019-1100; Amdt. No. 48-3; 86 FR 4504, Jan. 15, 2021]
Subpart B—Certificates of Aircraft Registration for Small Unmanned Aircraft
§ 48.100 Registration: Small unmanned aircraft operated for any purpose other than exclusively limited recreational operations.
(a) Certificate of Aircraft Registration. A Certificate of Aircraft Registration issued in accordance with § 48.110 to a small unmanned aircraft used for any purpose other than operating exclusively in compliance with 49 U.S.C. 44809 constitutes registration for the small unmanned aircraft identified on the application.
(b) Effective date of registration. An aircraft is registered when the applicant receives a Certificate of Aircraft Registration for the specific aircraft. The effective date of registration is shown by the date of issue on the Certificate of Aircraft Registration issued for the aircraft.
(c) Registration renewal. A Certificate of Aircraft registration issued under this part expires 3 years after the date of issue unless it is renewed.
(1) The holder of a Certificate of Aircraft Registration must renew the Certificate by verifying, in a form and manner prescribed by the Administrator, that the information provided in accordance with § 48.110 is accurate and if it is not, provide updated information. The verification may take place at any time within the six months preceding the month in which the Certificate of Aircraft registration expires.
(2) A certificate issued under this paragraph expires three years from the expiration date of the previous certificate.
(d) Other events affecting effectiveness of Certificate. Each Certificate of Aircraft Registration issued by the FAA under this subpart is effective, unless registration has ended by reason of having been revoked, canceled, expired, or the ownership is transferred, until the date upon which one of the following events occurs:
(1) Subject to the Convention on the International Recognition of Rights in Aircraft when applicable, the aircraft is registered under the laws of a foreign country.
(2) The small unmanned aircraft is totally destroyed or scrapped.
(3) The holder of the Certificate of Aircraft Registration loses U.S. citizenship.
(4) Thirty days have elapsed since the death of the holder of the Certificate of Aircraft Registration.
(5) The owner, if an individual who is not a citizen of the United States, loses status as a resident alien, unless that person becomes a citizen of the United States at the same time.
(6) The owner is a corporation other than a corporation which is a citizen of the United States and one of the following events occurs:
(i) The corporation ceases to be lawfully organized and doing business under the laws of the United States or any State thereof; or
(ii) The aircraft was not operated exclusively within the United States during the period of registration under this part.
[Doc. No. FAA-2015-7396; Amdt. No. 48-1; 80 FR 78645, Dec. 16, 2015. Redesignated and amended by Doc. No. FAA-2019-1100; Amdt. No. 48-3, 86 FR 4504, Jan. 15, 2021]
§ 48.105 Registration: Small unmanned aircraft intended exclusively for limited recreational operations.
(a) Certificate of Aircraft Registration. A Certificate of Aircraft Registration issued in accordance with § 48.110 for small unmanned aircraft to be operated exclusively in compliance with 49 U.S.C. 44809 constitutes registration for all the small unmanned aircraft used exclusively for operations in compliance with 49 U.S.C. 44809 owned by the individual identified on the application.
(b) Effective date of registration. An aircraft is registered when the applicant receives a Certificate of Aircraft Registration. The effective date of registration is shown by the date of issue on the Certificate of Aircraft Registration issued under this part.
(c) Registration renewal. A Certificate of Aircraft registration issued under this part expires 3 years after the date of issue unless it is renewed.
(1) The holder of a Certificate of Aircraft Registration must renew the Certificate by verifying, in a form and manner prescribed by the Administrator, that the information provided in accordance with § 48.110 is accurate and if it is not, provide updated information. The verification may take place at any time within the six months preceding the month in which the Certificate of Aircraft registration expires.
(2) A certificate issued under this paragraph expires three years from the expiration date of the previous certificate.
(d) Other events affecting effectiveness of Certificate. Each Certificate of Aircraft Registration issued by the FAA under this part is effective, unless registration has ended by reason of having been revoked, canceled or expired, or until the date upon which one of the following events occurs:
(1) The holder of the Certificate of Aircraft Registration loses U.S. citizenship.
(2) Thirty days have elapsed since the death of the holder of the Certificate of Aircraft Registration.
(3) The owner, if an individual who is not a citizen of the United States, loses status as a resident alien, unless that person becomes a citizen of the United States at the same time.
[Doc. No. FAA-2015-7396; Amdt. No. 48-1; 80 FR 78645, Dec. 16, 2015. Redesignated and amended by Doc. No. FAA-2019-1100; Amdt. No. 48-3, 86 FR 4504, Jan. 15, 2021]
§ 48.110 Application.
(a) Required information. Each applicant for a Certificate of Aircraft Registration issued under this part must submit all of the following information to the Registry:
(1) Applicant’s name and, for an applicant other than an individual, the name of the authorized representative applying for a Certificate of Aircraft Registration.
(2) Applicant’s physical address and, for an applicant other than an individual, the physical address of the authorized representative. If the applicant or authorized representative cannot receive mail at a physical address, then provide a mailing address.
(3) Applicant’s email address or, for applicants other than individuals, the email address of the authorized representative.
(4) Applicant’s telephone number(s) and, for an applicant other than an individual, the telephone number(s) of the authorized representative.
(5) The aircraft manufacturer and model name.
(6) For any standard remote identification unmanned aircraft, the serial number issued by the manufacturer of the unmanned aircraft in accordance with the design and production requirements of part 89 of this chapter. The serial number provided in this application must not be listed on more than one Certificate of Aircraft Registration at the same time.
(7) For any unmanned aircraft equipped with a remote identification broadcast module, the serial number issued by the manufacturer of the remote identification broadcast module in accordance with the design and production requirements of part 89 of this chapter. An applicant may submit the serial number of more than one remote identification broadcast module as part of the application for aircraft registration under § 48.105. The serial number of a remote identification broadcast module provided in this application must not be listed on more than one Certificate of Aircraft Registration at the same time.
(8) Other information as required by the Administrator.
(b) Provision of information. The information identified in paragraph (a) of this section must be submitted to the Registry through the web-based small unmanned aircraft registration system in a form and manner prescribed by the Administrator.
(c) Issuance of Certificate of Aircraft Registration. The FAA will issue a Certificate of Aircraft Registration upon completion of the application requirements provided in paragraph (a) of this section.
[Doc. No. FAA-2015-7396; Amdt. No. 48-1; 80 FR 78645, Dec. 16, 2015. Redesignated and amended by Doc. No. FAA-2019-1100; Amdt. No. 48-3, 86 FR 4504, Jan. 15, 2021]
§ 48.115 Requirement to maintain current information.
(a) The holder of a Certificate of Aircraft Registration must ensure that the information provided under § 48.110 remains accurate.
(b) The holder of a Certificate of Aircraft Registration must update the information using the web-based small unmanned aircraft registration system within 14 calendar days of the following:
(1) A change in the information provided under § 48.110.
(2) When aircraft registration requires cancellation for any reason including sale or transfer, destruction, or export.
[Doc. No. FAA-2015-7396; Amdt. No. 48-1; 80 FR 78645, Dec. 16, 2015. Redesignated and amended by Doc. No. FAA-2019-1100; Amdt. No. 48-3, 86 FR 4504, Jan. 15, 2021]
§ 48.120 Invalid registration.
The registration of a small unmanned aircraft is invalid if, at the time it is made—
(a) The aircraft is registered in a foreign country;
(b) The applicant is not the owner, except when the applicant registers on behalf of an owner who is under 13 years of age;
(c) The applicant is not eligible to submit an application under this part; or
(d) The interest of the applicant in the aircraft was created by a transaction that was not entered into in good faith, but rather was made to avoid (with or without the owner’s knowledge) compliance with 49 U.S.C. 44101-44103.
§ 48.125 Foreign civil aircraft.
Except for corporations eligible to register under § 48.20(c), the FAA will issue a recognition of ownership to persons required to comply with the provisions of this part pursuant to an authorization to operate issued under part 375 of this title. The recognition of ownership does not have the effect of U.S. aircraft registration.
Subpart C—Aircraft Marking
§ 48.200 General.
(a) No person may operate a small unmanned aircraft registered in accordance with this part unless the aircraft displays a unique identifier in accordance with the requirements of § 48.205 of this subpart.
(b) A unique identifier is one of the following:
(1) The registration number issued to an individual or the registration number issued to the aircraft by the Registry upon completion of the registration process provided by this part; or
(2) If authorized by the Administrator, the small unmanned aircraft serial number provided with the application for Certificate of Aircraft Registration under § 48.110(a).
[Doc. No. FAA-2015-7396; Amdt. No. 48-1; 80 FR 78645, Dec. 16, 2015. Redesignated and amended by Doc. No. FAA-2019-1100; Amdt. No. 48-3, 86 FR 4504, Jan. 15, 2021]
§ 48.205 Display and location of unique identifier.
(a) The unique identifier must be maintained in a condition that is legible.
(b) The unique identifier must be affixed to the small unmanned aircraft by any means necessary to ensure that it will remain affixed for the duration of each operation.
(c) The unique identifier must be legibly displayed on an external surface of the small unmanned aircraft.
.
UA.I.B.K2 Requirement for the sUAS to be in a condition for safe operation (14 CFR §107.14)
No person may operate a civil small unmanned aircraft system unless it is in a condition for safe operation. Prior to each flight, the remote pilot in command must check the small unmanned aircraft system to determine whether it is in a condition for safe operation.
No person may continue flight of the small unmanned aircraft when he or she knows or has reason to know that the small unmanned aircraft system is no longer in a condition for safe operation.
UA.I.B.K3 Medical condition(s) that would interfere with safe operation of an sUAS (14 CFR §107.17 & AC 107.2A 5.6, 5.6.1)
No person may manipulate the flight controls of a small unmanned aircraft system or act as a remote pilot in command, visual observer, or direct participant in the operation of the small unmanned aircraft if he or she knows or has reason to know that he or she has a physical or mental condition that would interfere with the safe operation of the small unmanned aircraft system.
Medical Condition: Being able to operate the small unmanned aircraft safely 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 small UAS operation. Though the person manipulating the controls of a small unmanned aircraft and VO are not required to obtain an airman medical certificate, they cannot participate in the operation of a small UAS 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 small UAS (§ 107.17).
Physical or Mental Incapacitations: Obvious examples of physical or mental incapacitations that could render a remote PIC, person manipulating the controls, or VO incapable of performing their small UAS operational duties include, but are not limited to, such things as:
1. The temporary or permanent loss of the dexterity necessary to operate the CS to control the small unmanned aircraft safely.
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 unmanned aircraft operations due to illness and/or medication(s), such as after taking medications that caution against driving or operating 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 small UAS operational duties.
5. A hearing or speaking impairment that would inhibit the remote PIC, person manipulating the controls, or VO from effectively communicating with each other. In such a situation, the remote PIC must ensure he or she implements an alternative means of effective communication. For example, a person who is hearing impaired may be able to use sign language to communicate effectively.
UA.I.B.K4 Responsibility and authority of the remote PIC (14 CFR §107.19)
(a) A remote pilot in command must be designated before or during the flight of the small unmanned aircraft.
(b) The remote pilot in command is directly responsible for and is the final authority as to the operation of the small unmanned aircraft system.
(c) The remote pilot in command must ensure that the small unmanned aircraft will pose no undue hazard to other people, other aircraft, or other property in the event of a loss of control of the small unmanned aircraft for any reason.
(d) The remote pilot in command must ensure that the small UAS operation complies with all applicable regulations of this chapter.
(e) The remote pilot in command must have the ability to direct the small unmanned aircraft to ensure compliance with the applicable provisions of this chapter.
UA.I.B.K5 Regulatory deviation and reporting requirements for in-flight emergencies (14 CFR §107.21)
(a) In an in-flight emergency requiring immediate action, the remote pilot in command may deviate from any rule of this part to the extent necessary to meet that emergency.
(b) Each remote pilot in command who deviates from a rule under paragraph (a) of this section must, upon request of the Administrator, send a written report of that deviation to the Administrator.
UA.I.B.K6 Hazardous operations (14 CFR §107.23)
No person may:
UA.I.B.K6a Careless or reckless (14 CFR §107.23a)
Operate a small unmanned aircraft system in a careless or reckless manner so as to endanger the life or property of another; or
UA.I.B.K6b Dropping an object (14 CFR §107.23b)
Allow an object to be dropped from a small unmanned aircraft in a manner that creates an undue hazard to persons or property.
UA.I.B.K7 Operating from a moving aircraft or moving land-or water-borne vehicle (14 CFR §107.25)
No person may operate a small unmanned aircraft system—
(a) From a moving aircraft; or
(b) 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.
UA.I.B.K8 Alcohol or drugs and the provisions on prohibition of use (14 CFR §107.27, §107.57, & §107.59)
§ 107.27 Alcohol or drugs.
A person manipulating the flight controls of a small unmanned aircraft system or acting as a remote pilot in command or visual observer must comply with the provisions of §§ 91.17 and 91.19 of this chapter.
(a) No person may act or attempt to act as a crewmember of a civil aircraft—
(1) Within 8 hours after the consumption of any alcoholic beverage;
(2) While under the influence of alcohol;
(3) While using any drug that affects the person’s faculties in any way contrary to safety; or
(4) While having an alcohol concentration of 0.04 or greater in a blood or breath specimen. Alcohol concentration means grams of alcohol per deciliter of blood or grams of alcohol per 210 liters of breath.
(b) Except in an emergency, no pilot of a civil aircraft may allow a person who appears to be intoxicated or who demonstrates by manner or physical indications that the individual is under the influence of drugs (except a medical patient under proper care) to be carried in that aircraft.
(c) A crewmember shall do the following:
(1) On request of a law enforcement officer, submit to a test to indicate the alcohol concentration in the blood or breath, when—
(i) The law enforcement officer is authorized under State or local law to conduct the test or to have the test conducted; and
(ii) The law enforcement officer is requesting submission to the test to investigate a suspected violation of State or local law governing the same or substantially similar conduct prohibited by paragraph (a)(1), (a)(2), or (a)(4) of this section.
(2) Whenever the FAA has a reasonable basis to believe that a person may have violated paragraph (a)(1), (a)(2), or (a)(4) of this section, on request of the FAA, that person must furnish to the FAA the results, or authorize any clinic, hospital, or doctor, or other person to release to the FAA, the results of each test taken within 4 hours after acting or attempting to act as a crewmember that indicates an alcohol concentration in the blood or breath specimen
(d) Whenever the Administrator has a reasonable basis to believe that a person may have violated paragraph (a)(3) of this section, that person shall, upon request by the Administrator, furnish the Administrator, or authorize any clinic, hospital, doctor, or other person to release to the Administrator, the results of each test taken within 4 hours after acting or attempting to act as a crewmember that indicates the presence of any drugs in the body.
(e) Any test information obtained by the Administrator under paragraph (c) or (d) of this section may be evaluated in determining a person’s qualifications for any airman certificate or possible violations of this chapter and may be used as evidence in any legal proceeding under section 602, 609, or 901 of the Federal Aviation Act of 1958.
§ 91.19 Carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances.
(a) Except as provided in paragraph (b) of this section, no person may operate a civil aircraft within the United States with knowledge that narcotic drugs, marihuana, and depressant or stimulant drugs or substances as defined in Federal or State statutes are carried in the aircraft.
(b) Paragraph (a) of this section does not apply to any carriage of narcotic drugs, marihuana, and depressant or stimulant drugs or substances authorized by or under any Federal or State statute or by any Federal or State agency.
r textbox content here.
§ 107.57 Offenses involving alcohol or drugs.
(a) 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:
(1) Denial of an application for a remote pilot certificate with a small UAS rating for a period of up to 1 year after the date of final conviction; or
(2) Suspension or revocation of a remote pilot certificate with a small UAS rating.
(b) Committing an act prohibited by § 91.17(a) or § 91.19(a) of this chapter is grounds for:
(1) Denial of an application for a remote pilot certificate with a small UAS rating for a period of up to 1 year after the date of that act; or
(2) Suspension or revocation of a remote pilot certificate with a small UAS rating.
§ 107.59 Refusal to submit to an alcohol test or to furnish test results.
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:
(a) Denial of an application for a remote pilot certificate with a small UAS rating for a period of up to 1 year after the date of that refusal; or
(b) Suspension or revocation of a remote pilot certificate with a small UAS rating.
UA.I.B.K9 Daylight operations (14 CFR §107.29)
(a) Except as provided in paragraph (d) of this section, no person may operate a small unmanned aircraft system at night unless—
(1) The remote pilot in command of the small unmanned aircraft has completed an initial knowledge test or training, as applicable, under § 107.65 after April 6, 2021; and
(2) The small unmanned aircraft has lighted anti-collision lighting visible for at least 3 statute miles that has a flash rate sufficient to avoid a collision. The remote pilot in command may reduce the intensity of, but may not extinguish, the anti-collision lighting if he or she determines that, because of operating conditions, it would be in the interest of safety to do so.
(b) No person may operate a small unmanned aircraft system during periods of civil twilight unless the small unmanned aircraft has lighted anti-collision lighting visible for at least 3 statute miles that has a flash rate sufficient to avoid a collision. The remote pilot in command may reduce the intensity of, but may not extinguish, the anti-collision lighting if he or she determines that, because of operating conditions, it would be in the interest of safety to do so.
(c) For purposes of paragraph (b) of this section, civil twilight refers to the following:
(1) Except for Alaska, a period of time that begins 30 minutes before official sunrise and ends at official sunrise;
(2) Except for Alaska, a period of time that begins at official sunset and ends 30 minutes after official sunset; and
(3) In Alaska, the period of civil twilight as defined in the Air Almanac.
(d) After May 17, 2021, no person may operate a small unmanned aircraft system at night in accordance with a certificate of waiver issued prior to April 21, 2021 under § 107.200. The certificates of waiver issued prior to March 16, 2021 under § 107.200 that authorize deviation from § 107.29 terminate on May 17, 2021.
UA.I.B.K10 Visual line of sight (VLOS) aircraft operations (14 CFR §107.31)
(a) With vision that is unaided by any device other than corrective lenses, the remote pilot in command, the visual observer (if one is used), and the person manipulating the flight control of the small unmanned aircraft system must be able to see the unmanned aircraft throughout the entire flight in order to:
(1) Know the unmanned aircraft’s location;
(2) Determine the unmanned aircraft’s attitude, altitude, and direction of flight;
(3) Observe the airspace for other air traffic or hazards; and
(4) Determine that the unmanned aircraft does not endanger the life or property of another.
(b) Throughout the entire flight of the small unmanned aircraft, the ability described in paragraph (a) of this section must be exercised by either:
(1) The remote pilot in command and the person manipulating the flight controls of the small unmanned aircraft system; or
(2) A visual observer.
UA.I.B.K11 Requirements when a visual observer is used (14 CFR §107.33)
If a visual observer is used during the aircraft operation, all of the following requirements must be met:
(a) The remote pilot in command, the person manipulating the flight controls of the small unmanned aircraft system, and the visual observer must maintain effective communication with each other at all times.
(b) The remote pilot in command must ensure that the visual observer is able to see the unmanned aircraft in the manner specified in § 107.31.
(c) The remote pilot in command, the person manipulating the flight controls of the small unmanned aircraft system, and the visual observer must coordinate to do the following:
(1) Scan the airspace where the small unmanned aircraft is operating for any potential collision hazard; and
(2) Maintain awareness of the position of the small unmanned aircraft through direct visual observation.
Authors Note:
A visual observer (VO) is not required for normal Part 107 operations. Certain FAA waivers may require the use of one or more VO’s. As part of your Risk operations assessment, it is recommended that you use VO’s to mitigate risks. (AC-107-2A A.2.4)
UA.I.B.K12 Prohibition of operating multiple sUAS (14 CFR §107.35)
A person may not manipulate flight controls or act as a remote pilot in command or visual observer in the operation of more than one unmanned aircraft at the same time.
UA.I.B.K13 Prohibition of carrying hazardous material (14 CFR §107.36)
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.
§ 171.8 Definitions and abbreviations.
Hazardous material means a substance or material that the Secretary of Transportation has determined is capable of posing an unreasonable risk to health, safety, and property when transported in commerce, and has designated as hazardous under section 5103 of Federal hazardous materials transportation law (49 U.S.C. 5103). The term includes hazardous substances, hazardous wastes, marine pollutants, elevated temperature materials, materials designated as hazardous in the Hazardous Materials Table (see 49 CFR 172.101), and materials that meet the defining criteria for hazard classes and divisions in part 173 of this subchapter.
UA.I.B.K14 Staying safely away from other aircraft and right-of-way rules (14 CFR §107.37)
(a) 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.
(b) No person may operate a small unmanned aircraft so close to another aircraft as to create a collision hazard.
UA.I.B.K14a See and avoid other aircraft and other potential hazard considerations of the remote PIC (AC 107-2A 5.13)
Remaining Clear of Other Aircraft. A remote PIC has a responsibility to operate the small unmanned aircraft so that it remains clear of and yields to all other aircraft (§ 107.37). This is traditionally referred to as “see and avoid.” To satisfy this responsibility, the remote PIC must know the location and flightpath of his or her small unmanned aircraft 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 unmanned aircraft to avoid collision. The remote PIC must take action to ensure other aircraft will not need to maneuver to avoid colliding with the small unmanned aircraft.
UA.I.B.K15 Operations over human beings (Refer to Area of Operation I, Task E) (14 CFR §107.39)
No person may operate a small unmanned aircraft over a human being unless—
(a) That human being is directly participating in the operation of the small unmanned aircraft;
(b) That human being is located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft; or
(c) The operation meets the requirements of at least one of the operational categories specified in subpart D of this part.
UA.I.B.K16 Prior authorization required for operation in certain airspace (14 CFR §107.41)
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).
Authors Note:
There are multiple types of Class E airspace. Class E airspace designated for an airport described in 14 CFR §107.41 refers to Type E2. Type E2 is the surface area designated for an airport and requires authorization from ATC. Type E3 and Type E4 are extensions of Class C and Class D or Class E and do not require prior authorization to fly in.
UA.I.B.K17 Operating in the vicinity of airports (14 CFR §107.43)
No person may operate a small unmanned aircraft in a manner that interferes with operations and traffic patterns at any airport, heliport, or seaplane base.
UA.I.B.K18 Operating in prohibited or restricted areas (14 CFR §107.45)
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.
UA.I.B.K19 Flight restrictions in the proximity of certain areas designated by notice to airmen (NOTAM) (14 CFR §107.47)
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 chapter.
§ 91.137 Temporary flight restrictions in the vicinity of disaster/hazard areas.
a) The Administrator will issue a Notice to Airmen (NOTAM) designating an area within which temporary flight restrictions apply and specifying the hazard or condition requiring their imposition, whenever he determines it is necessary in order to—
(1) Protect persons and property on the surface or in the air from a hazard associated with an incident on the surface;
(2) Provide a safe environment for the operation of disaster relief aircraft; or
(3) Prevent an unsafe congestion of sightseeing and other aircraft above an incident or event which may generate a high degree of public interest.
The Notice to Airmen will specify the hazard or condition that requires the imposition of temporary flight restrictions.
(b) When a NOTAM has been issued under paragraph (a)(1) of this section, no person may operate an aircraft within the designated area unless that aircraft is participating in the hazard relief activities and is being operated under the direction of the official in charge of on scene emergency response activities.
(c) When a NOTAM has been issued under paragraph (a)(2) of this section, no person may operate an aircraft within the designated area unless at least one of the following conditions are met:
(1) The aircraft is participating in hazard relief activities and is being operated under the direction of the official in charge of on scene emergency response activities.
(2) The aircraft is carrying law enforcement officials.
(3) The aircraft is operating under the ATC approved IFR flight plan.
(4) The operation is conducted directly to or from an airport within the area, or is necessitated by the impracticability of VFR flight above or around the area due to weather, or terrain; notification is given to the Flight Service Station (FSS) or ATC facility specified in the NOTAM to receive advisories concerning disaster relief aircraft operations; and the operation does not hamper or endanger relief activities and is not conducted for the purpose of observing the disaster.
(5) The aircraft is carrying properly accredited news representatives, and, prior to entering the area, a flight plan is filed with the appropriate FAA or ATC facility specified in the Notice to Airmen and the operation is conducted above the altitude used by the disaster relief aircraft, unless otherwise authorized by the official in charge of on scene emergency response activities.
(d) When a NOTAM has been issued under paragraph (a)(3) of this section, no person may operate an aircraft within the designated area unless at least one of the following conditions is met:
(1) The operation is conducted directly to or from an airport within the area, or is necessitated by the impracticability of VFR flight above or around the area due to weather or terrain, and the operation is not conducted for the purpose of observing the incident or event.
(2) The aircraft is operating under an ATC approved IFR flight plan.
(3) The aircraft is carrying incident or event personnel, or law enforcement officials.
(4) The aircraft is carrying properly accredited news representatives and, prior to entering that area, a flight plan is filed with the appropriate FSS or ATC facility specified in the NOTAM.
(e) Flight plans filed and notifications made with an FSS or ATC facility under this section shall include the following information:
(1) Aircraft identification, type and color.
(2) Radio communications frequencies to be used.
(3) Proposed times of entry of, and exit from, the designated area.
(4) Name of news media or organization and purpose of flight.
(5) Any other information requested by ATC.
§ 91.139 Emergency air traffic rules.
(a) This section prescribes a process for utilizing Notices to Airmen (NOTAMs) to advise of the issuance and operations under emergency air traffic rules and regulations and designates the official who is authorized to issue NOTAMs on behalf of the Administrator in certain matters under this section.
(b) Whenever the Administrator determines that an emergency condition exists, or will exist, relating to the FAA’s ability to operate the air traffic control system and during which normal flight operations under this chapter cannot be conducted consistent with the required levels of safety and efficiency—
(1) The Administrator issues an immediately effective air traffic rule or regulation in response to that emergency condition; and
(2) The Administrator or the Associate Administrator for Air Traffic may utilize the NOTAM system to provide notification of the issuance of the rule or regulation.
Those NOTAMs communicate information concerning the rules and regulations that govern flight operations, the use of navigation facilities, and designation of that airspace in which the rules and regulations apply.
(c) When a NOTAM has been issued under this section, no person may operate an aircraft, or other device governed by the regulation concerned, within the designated airspace except in accordance with the authorizations, terms, and conditions prescribed in the regulation covered by the NOTAM.
§ 91.141 Flight restrictions in the proximity of the Presidential and other parties.
No person may operate an aircraft over or in the vicinity of any area to be visited or traveled by the President, the Vice President, or other public figures contrary to the restrictions established by the Administrator and published in a Notice to Airmen (NOTAM).
(a) The FAA will issue a Notice to Airmen (NOTAM) designating an area of airspace in which a temporary flight restriction applies when it determines that a temporary flight restriction is necessary to protect persons or property on the surface or in the air, to maintain air safety and efficiency, or to prevent the unsafe congestion of aircraft in the vicinity of an aerial demonstration or major sporting event. These demonstrations and events may include:
(1) United States Naval Flight Demonstration Team (Blue Angels);
(2) United States Air Force Air Demonstration Squadron (Thunderbirds);
(3) United States Army Parachute Team (Golden Knights);
(4) Summer/Winter Olympic Games;
(5) Annual Tournament of Roses Football Game;
(6) World Cup Soccer;
(7) Major League Baseball All-Star Game;
(8) World Series;
(9) Kodak Albuquerque International Balloon Fiesta;
(10) Sandia Classic Hang Gliding Competition;
(11) Indianapolis 500 Mile Race;
(12) Any other aerial demonstration or sporting event the FAA determines to need a temporary flight restriction in accordance with paragraph (b) of this section.
(b) In deciding whether a temporary flight restriction is necessary for an aerial demonstration or major sporting event not listed in paragraph (a) of this section, the FAA considers the following factors:
(1) Area where the event will be held.
(2) Effect flight restrictions will have on known aircraft operations.
(3) Any existing ATC airspace traffic management restrictions.
(4) Estimated duration of the event.
(5) Degree of public interest.
(6) Number of spectators.
(7) Provisions for spectator safety.
(8) Number and types of participating aircraft.
(9) Use of mixed high and low performance aircraft.
(10) Impact on non-participating aircraft.
(11) Weather minimums.
(12) Emergency procedures that will be in effect.
(c) A NOTAM issued under this section will state the name of the aerial demonstration or sporting event and specify the effective dates and times, the geographic features or coordinates, and any other restrictions or procedures governing flight operations in the designated airspace.
(d) When a NOTAM has been issued in accordance with this section, no person may operate an aircraft or device, or engage in any activity within the designated airspace area, except in accordance with the authorizations, terms, and conditions of the temporary flight restriction published in the NOTAM, unless otherwise authorized by:
(1) Air traffic control; or
(2) A Flight Standards Certificate of Waiver or Authorization issued for the demonstration or event.
(e) For the purpose of this section:
(1) Flight restricted airspace area for an aerial demonstration— The amount of airspace needed to protect persons and property on the surface or in the air, to maintain air safety and efficiency, or to prevent the unsafe congestion of aircraft will vary depending on the aerial demonstration and the factors listed in paragraph (b) of this section. The restricted airspace area will normally be limited to a 5 nautical mile radius from the center of the demonstration and an altitude 17000 mean sea level (for high performance aircraft) or 13000 feet above the surface (for certain parachute operations), but will be no greater than the minimum airspace necessary for the management of aircraft operations in the vicinity of the specified area.
(2) Flight restricted area for a major sporting event— The amount of airspace needed to protect persons and property on the surface or in the air, to maintain air safety and efficiency, or to prevent the unsafe congestion of aircraft will vary depending on the size of the event and the factors listed in paragraph (b) of this section. The restricted airspace will normally be limited to a 3 nautical mile radius from the center of the event and 2500 feet above the surface but will not be greater than the minimum airspace necessary for the management of aircraft operations in the vicinity of the specified area.
(f) A NOTAM issued under this section will be issued at least 30 days in advance of an aerial demonstration or a major sporting event, unless the FAA finds good cause for a shorter period and explains this in the NOTAM.
(g) When warranted, the FAA Administrator may exclude the following flights from the provisions of this section:
(1) Essential military.
(2) Medical and rescue.
(3) Presidential and Vice Presidential.
(4) Visiting heads of state.
(5) Law enforcement and security.
(6) Public health and welfare.
UA.I.B.K20 Preflight familiarization, inspection, and actions for aircraft operations (14 CFR §107.49)
Prior to flight, the remote pilot in command must:
(a) Assess the operating environment, considering risks to persons and property in the immediate vicinity both on the surface and in the air. This assessment must include:
(1) Local weather conditions;
(2) Local airspace and any flight restrictions;
(3) The location of persons and property on the surface; and
(4) Other ground hazards.
(b) 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;
(c) Ensure that all control links between ground control station and the small unmanned aircraft are working properly;
(d) 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;
(e) 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; and
(f) If the operation will be conducted over human beings under subpart D of this part, ensure that the aircraft meets the requirements of § 107.110, § 107.120(a), § 107.130(a), or § 107.140, as applicable.
Authors Note:
According to FAA Order JO 7110.65AA – Air Traffic Control, 1-2-1 Word Meanings, “Shall” or “must” means a procedure is mandatory. According to §107.49 “Prior to flight, the remote pilot in command must:” requires that the RPIC complete a Preflight familiarization, inspection, and actions for aircraft operations prior to every flight.
UA.I.B.K21 Operating limitations for sUAS (14 CFR §107.51)
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:
UA.I.B.K21a Maximum groundspeed (14 CFR §107.51a)
The groundspeed of the small unmanned aircraft may not exceed 87 knots (100 miles per hour).
UA.I.B.K21b Altitude limitations (14 CFR §107.51b)
The altitude of the small unmanned aircraft cannot be higher than 400 feet above ground level, unless the small unmanned aircraft:
(1) Is flown within a 400-foot radius of a structure; and
(2) Does not fly higher than 400 feet above the structure’s immediate uppermost limit.
UA.I.B.K21c Minimum visibility (14 CFR §107.51c)
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.
UA.I.B.K21d Cloud clearance requirements (14 CFR §107.51d)
The minimum distance of the small unmanned aircraft from clouds must be no less than:
(1) 500 feet below the cloud; and
(2) 2,000 feet horizontally from the cloud.
UA.I.B.K22 Requirements for a Remote Pilot Certificate with an sUAS rating (14 CFR §107.51d)
Remote Pilot Certification. An individual exercising the authority of PIC in compliance with part 107 is considered a “remote PIC.” As such, prior to acting as remote PIC, an individual must obtain a Remote Pilot Certificate with a small UAS rating (§ 107.12).
Authors Note:
Additional information covered in UA.I.C Remote Pilot Certification with an sUAS Rating.
UA.I.B.K23 Automated operations (AC 107-2A 5.2.3 & 5.2.3.1, & 5.2.3.2)
5.2.3 Automated Operations.
An automated operation is generally considered an operation in which the remote pilot inputs a flight plan into the CS, which sends the flight plan to the autopilot on board the small unmanned aircraft. During automated flight, flight control inputs are made by components on board the aircraft, not from a CS. If the remote PIC loses the control link to the small unmanned aircraft, the aircraft would continue to fly the programmed mission/return home to land. During automated flight, the remote PIC must have the ability to change routing/altitude or command the aircraft to land immediately. The ability to direct the small unmanned aircraft may be through manual manipulation of the flight controls or through commands using automation.
5.2.3.1 The remote PIC must retain the ability to direct the small unmanned aircraft to ensure compliance with the requirements of part 107. The remote PIC may transmit a command for the automated aircraft to climb, descend, land now, proceed to a new waypoint, enter an orbit pattern, or return to home. Any of these methods may be used to avoid a hazard or give right-of-way.
5.2.3.2 The use of automation does not allow a person to operate more than one small unmanned aircraft simultaneously (§ 107.35).
UA.I.B.K24 Civil twilight operations (14 CFR §107.29b & c)
(b) No person may operate a small unmanned aircraft system during periods of civil twilight unless the small unmanned aircraft has lighted anti-collision lighting visible for at least 3 statute miles that has a flash rate sufficient to avoid a collision. The remote pilot in command may reduce the intensity of, but may not extinguish, the anti-collision lighting if he or she determines that, because of operating conditions, it would be in the interest of safety to do so.
(c) For purposes of paragraph (b) of this section, civil twilight refers to the following:
(1) Except for Alaska, a period of time that begins 30 minutes before official sunrise and ends at official sunrise;
(2) Except for Alaska, a period of time that begins at official sunset and ends 30 minutes after official sunset; and
(3) In Alaska, the period of civil twilight as defined in the Air Almanac.
UA.I.B.K25 Night operations (14 CFR §107.29a & d)
a) Except as provided in paragraph (d) of this section, no person may operate a small unmanned aircraft system at night unless—
(1) The remote pilot in command of the small unmanned aircraft has completed an initial knowledge test or training, as applicable, under § 107.65 after April 6, 2021; and
(2) The small unmanned aircraft has lighted anti-collision lighting visible for at least 3 statute miles that has a flash rate sufficient to avoid a collision. The remote pilot in command may reduce the intensity of, but may not extinguish, the anti-collision lighting if he or she determines that, because of operating conditions, it would be in the interest of safety to do so.
UA.I.B.K26 Transportation of property (AC 107-2A 5.15 & 5.15.1)
5.15 Transportation of Property.
Part 107 permits transportation of property by small unmanned aircraft for compensation or hire. These operations must be conducted within a confined area and in compliance with the operating restrictions of part 107. When transporting property, the transport must occur wholly within the bounds of a single State.
5.15.1 Limitations.
As with other operations in part 107, small UAS operations involving the transport of property must be conducted within VLOS of the remote pilot. While the VLOS limitation can be waived for some operations under the rule, it cannot for transportation of property. Additionally, part 107 does not allow the operation of a small UAS from a moving vehicle or aircraft if the small unmanned aircraft is being used to transport property for compensation or hire. This limitation cannot be waived. The maximum total weight of the small unmanned aircraft (including any property being transported) is limited to under 55 pounds. Other provisions of part 107 require the remote pilot to know the small unmanned aircraft’s location; to determine the small unmanned aircraft’s attitude, altitude, and direction; to yield the right-of-way to other aircraft; and to maintain the ability to see and avoid other aircraft.
UA.I.B.K27 ATC transponder equipment prohibition (14 CFR §107.52)
Unless otherwise authorized by the Administrator, no person may operate a small unmanned aircraft system under this part with a transponder on.
UA.I.B.K28 ADS-B Out prohibition (14 CFR §107.53)
Unless otherwise authorized by the Administrator, no person may operate a small unmanned aircraft system under this part with ADS-B Out equipment in transmit mode.
