FAA Part 107 allows you to fly a drone weighing less than 55 pounds for almost any commercial or non-recreational purpose, as long as you hold a Remote Pilot Certificate and keep the flight within a defined set of operating limits. That covers paid work, work done for an employer, and any flight that supports a business, from real estate photography to power line inspections to aerial cinematography. Recent rule changes have widened what you can do without a waiver, particularly at night and over people.
The Kinds of Work Part 107 Covers
The rule exists to create a legal path for flying drones as part of a business or for any purpose beyond pure recreation. Real estate agents use it for aerial listing photos. Utility companies inspect power lines and cell towers. Farmers monitor crop health across large acreage. Film crews capture footage for movies and news. Construction firms track site progress. Insurance adjusters survey storm damage from the air.
The legal line is simple: if you’re paid for the flight, or the flight supports a business in any way, you need Part 107 certification. A company employee flying a drone to photograph the employer’s building for a website is operating commercially.
The Remote Pilot Certificate
Before you can fly commercially, you need an FAA Remote Pilot Certificate. Eligibility is minimal: at least 16 years old, able to read and write English, and in a physical and mental condition to operate a drone safely. You pass a knowledge test, apply through the FAA’s online system, and clear a TSA security background check.1Federal Aviation Administration. Become a Certificated Remote Pilot
The test has 60 multiple-choice questions covering airspace, weather, drone performance, regulations, and emergency procedures. You need 70% to pass, and testing is done at FAA-approved knowledge testing centers. The certificate itself doesn’t expire, but you have to complete recurrent training every 24 calendar months to stay current. The FAA offers that training free online.1Federal Aviation Administration. Become a Certificated Remote Pilot
The Standard Flight Envelope
Every Part 107 flight has to stay inside a set of operating limits. These are what keeps drones separated from manned aircraft and away from people on the ground.
- Altitude: no higher than 400 feet above ground level. Within 400 feet of a structure, you can go up to 400 feet above the top of that structure.
- Speed: no faster than 100 miles per hour (87 knots).
- Weight: the drone, including all payload and attachments at takeoff, must weigh less than 55 pounds.
- Visibility: at least 3 statute miles from your control station.
- Cloud clearance: at least 500 feet below any cloud and 2,000 feet horizontally from it.
These come from a single regulation and apply to every Part 107 flight unless you hold a waiver.2eCFR. 14 CFR 107.51 – Operating Limitations for Small Unmanned Aircraft
Visual Line of Sight
You or a visual observer must be able to see the drone with unaided eyes throughout the flight; glasses and contacts are fine. The point is to know the drone’s location, altitude, and direction, and to scan for other aircraft or hazards. A visual observer can take over the “see and avoid” responsibility, but they need to be able to communicate with you directly during the flight.3eCFR. 14 CFR 107.31 – Visual Line of Sight Aircraft Operation
Right of Way
Your drone must yield to all manned aircraft, without exception. Yielding means you can’t fly over, under, or ahead of another aircraft unless you’re well clear.4eCFR. 14 CFR 107.37 – Operation Near Aircraft; Right-of-Way Rules If you see a helicopter or plane, move.
Flying at Night
Night flight used to require a waiver. Since April 2021, Part 107 pilots can fly at night or during civil twilight if two conditions are met: the pilot completed an initial knowledge test or training course dated after April 6, 2021, and the drone carries anti-collision lights visible from at least 3 statute miles with a flash rate sufficient to alert other pilots.5eCFR. 14 CFR 107.29 – Operation at Night The pilot can reduce light intensity if safety conditions require it but cannot turn the lights off. Pilots certified before that April 2021 date meet the training requirement by completing the recurrent course.
Flying Over People
You can operate over people who aren’t part of the operation, but only if the aircraft qualifies under one of four safety categories. The categories get stricter as the drone gets heavier and more capable.
- Category 1 covers drones weighing 0.55 pounds or less at takeoff with no exposed rotating parts that could cut skin on impact. Small aircraft like the DJI Mini series typically fall here.6eCFR. 14 CFR 107.110 – Category 1 Operations
- Category 2 covers larger drones tested and shown not to cause injuries equivalent to being struck by a rigid object with 11 foot-pounds of kinetic energy. The manufacturer demonstrates compliance and the FAA issues a declaration of compliance.7eCFR. 14 CFR 107.120 – Category 2 Operations
- Category 3 uses a similar injury threshold but limits operations to controlled environments: a closed or restricted-access area where everyone has been notified, or flight that doesn’t sustain a hover directly over people.
- Category 4 requires the drone to hold an FAA airworthiness certificate, the same type required for manned aircraft, and to operate under its approved flight manual.8eCFR. 14 CFR 107.140 – Category 4 Operations
Flight over people inside moving vehicles has its own rules. Categories 1 through 3 can operate over moving vehicles only inside a closed or restricted-access site where occupants have been notified, or without sustained flight directly over the vehicles. Category 4 follows the aircraft’s approved flight manual.9eCFR. 14 CFR 107.145 – Operations Over Moving Vehicles
Flying From a Moving Vehicle
You can pilot a drone from a moving car, truck, or boat, but only over a sparsely populated area, and only if you’re not carrying someone else’s property for pay. Flying from a moving vehicle in a populated or urban area is prohibited, and flying from a moving aircraft is prohibited outright.10eCFR. 14 CFR 107.25 – Operation From a Moving Vehicle or Aircraft The provision is used most often by agricultural operators scanning fields from a pickup and by researchers surveying remote terrain from boats.
Airspace and Authorization Near Airports
Flights in uncontrolled (Class G) airspace don’t require any special airspace authorization. Class G covers most airspace below 400 feet that isn’t near an airport, and that’s where most drone work happens.
Controlled airspace is different. Class B, C, D, and surface-area Class E all require prior authorization from air traffic control before launch.11eCFR. 14 CFR 107.41 – Operation in Certain Airspace The fastest way to get that authorization is LAANC, the Low Altitude Authorization and Notification Capability. LAANC is a partnership between the FAA and approved service suppliers that automates approvals. You submit a request through an approved app, and if the flight falls within pre-approved altitude grids, you can get authorization in near real time.12Federal Aviation Administration. UAS Data Exchange (LAANC) Flights outside those grid parameters go through a manual authorization request in the FAA’s DroneZone portal, which takes longer.
Registration and Remote ID
Every drone flown under Part 107 has to be registered with the FAA. Registration costs $5 per drone and is valid for three years.13Federal Aviation Administration. How to Register Your Drone You mark the registration number on the exterior of the aircraft.
Since March 16, 2024, all drone pilots must also comply with Remote ID.14Federal Aviation Administration. FAA Extends Remote ID Enforcement Date Six Months Think of it as a digital license plate. The drone continuously broadcasts its identity, location, altitude, velocity, the control station’s position, and a time stamp during flight, and that information is available to the FAA and law enforcement.15eCFR. 14 CFR 89.305 – Minimum Message Elements Broadcast by Standard Remote Identification Unmanned Aircraft Drones built with Remote ID are already compliant; older aircraft can be retrofitted with a broadcast module. The only alternative is flying inside an FAA-recognized identification area, which limits you to specific locations.
What Requires a Waiver, and What Can’t Be Waived
If your operation can’t fit within the standard rules, you can apply for a certificate of waiver. The FAA will grant it if you show the proposed operation can be conducted just as safely as one that follows the standard rules.16eCFR. 14 CFR 107.200 – Waiver Policy and Requirements Waivable provisions include:
- Visual line of sight
- Use of a visual observer
- Anti-collision lighting specifications for night
- Operating from a moving vehicle or aircraft
- Operating multiple drones simultaneously
- Yielding right of way
- Operations over people
- Operations in controlled airspace
- Operating limits on altitude, speed, and visibility
- Operations over moving vehicles
One firm boundary: even with a waiver, the FAA will not authorize beyond-visual-line-of-sight flight, or flight from a moving vehicle, for the purpose of carrying someone else’s property for pay.17eCFR. 14 CFR Part 107 Subpart E – Waivers Part 107 also does not permit carrying hazardous materials, at all.18eCFR. 14 CFR 107.36 – Carriage of Hazardous Material
The FAA encourages applicants to submit waiver requests at least 90 days ahead of when they need approval, though processing times vary with complexity.19Federal Aviation Administration. Once I Submit My Waiver Request, How Long Before the FAA Makes a Decision Applications need a detailed description of the operation and a safety case explaining how you’ll maintain equivalent safety. Vague or incomplete applications are the most common reason for denial.
Penalties if You Fly Outside the Rules
Civil penalties for Part 107 violations can reach up to $75,000 per violation under the FAA Reauthorization Act of 2024.20Federal Aviation Administration. FAA Proposed $341,413 in Civil Penalties Against Drone Operators The FAA can also suspend or permanently revoke your Remote Pilot Certificate, which ends your ability to fly commercially. Severity scales with the risk created: flying a small drone slightly above 400 feet in a rural area is treated differently than buzzing a stadium during a live event, but both are violations.