Well that depends. Are you just flying around for fun? The thrill of flight? Making Figure 8’s in your backyard while wow’ing your family with your expert flight maneuverability? Then – no. You don’t need a Part 107 remote pilot certificate to do all that – you just need to remember to follow the FAA’s rules for hobbyist flights.
Do you want to do anything else besides flying just purely for fun? Then – yes. You’re going to need a Part 107 certificate. It’s that simple. For the most part, but what if?
I’m not charging anything? #
Then that just makes you a good friend or a kind person. But, in the eyes of the regulatory world of the government, it’s not about if you made anything – but rather what the deliverable is going to be used for. If it’s in the furtherance of business, it’s going to require a Part 107 certificate.
For instance, let’s say your best friend since 3rd grade recently became a realtor and your best friend since 3rd grade knows that you have a drone that you fly around in your backyard with.
One day they call you up and ask you to take a few aerial shots of a listing they got recently. You’re not a commercial remote pilot so you tell them you’ll just give them the photos, no harm – no foul, right?
Technically, even though you just did this job for free (if it had been your best friend since 4th grade – you would have charged) since you’ve known them so long, it’s still a commercial flight. Since your best friend since 3rd grade is going to use these photographs to sell a listing – the purpose of the flight was not just purely for fun and enjoyment.
It’s not a business I’m flying for? #
What if the person I’m flying for isn’t a business. Maybe I’m just helping out a non-profit organization?
It’s still a commercial flight – but you’re still a very nice person. Again, it’s not about the exchange of money, it’s about the purpose of the flight and the end use of the deliverable the drone produces.
Let’s say you were just flying around for fun in a local park – and you were approached by someone from a non-profit. They ask you if they could have a copy of the photos and videos so they can just them to promote the local area. Even though they’re not a business, and you’re not charging them, they’re still using the deliverables in furtherance of something. So, this still classifies as a commercial flight.
I just want to share on social media? #
Just because you’re flying recreational doesn’t mean you are prohibited from taking photographs or videos with your drone. You can even upload them to Facebook, YouTube, Instagram, TikTok, or any other social media outlet your pilot heart desires.
And, as long as you aren’t getting anything in return, no regulations prohibit this. Where the lines may become blurred is if there is any monetization going on with your social media channel.
I’m flying for the government? #
Well, this is one of a handful of occasions you may not need a Part 107 to fly. Government agencies, usually law enforcement, fire, and emergency services can fly under a Public COA (Certificate of Authorization). If you fall in this category you may fly for government use, without the need of a Part 107, under the guidelines set forth in the agencies’ COA.
This doesn’t mean you can just do whatever you want though. You’re still under regulations, such as visual line of sight, just like any other remote pilot. The agency will also have to show training and self-certification of remote pilots flying under the COA.
Due to the COA application process, and reporting requirements, a lot of government agencies still fly under Part 107 regulations with certificated pilots.
I’m just trying to use drones in my class for STEM? #
This is another one of those times where you could qualify to fly your drone, for something other than just enjoyment, without a Part 107. 49 U.S.C. § 44809 allows flights for recreational purposes without the need for Part 107. A statutory provision allows drone flights under § 44809 for the purposes of educational and research purposes.
Again, just like with a Public COA with a government agency, this exception is also very user specific. If you are an educational user looking to bring drone curriculum into your classroom, you can find out more about the educational provision here.
More Likely than Not, You’ll Need a 107 #
While there are some exceptions to the rule, if you want to use for drone for any reason other than recreational fun and enjoyment. You’re going to more than likely be flying under Part 107 regulations governing commercial use. To legally do that, you’ll need to successfully pass the FAA small Unmanned Aircraft General (sUAG) exam.
If studying and test taking isn’t your thing, we’ve got a great Part 107 Test Prep course to help you get started with your new drone career as well as an entire skill building series to help you enhance your skills as a pilot – commercial or recreational.
