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Drone Laws In The USA

Notes for recreational drone pilots flying for fun in the USA

If you have a small drone of less than 55 pounds, you can fly recreationally by following Drone Laws in the USA defined by 49 USC 44809.

In the USA, recreational UAS operations (i.e., flying for recreational purposes) are approved under law, specifically 49 USC 44809.

Following these rules will keep you and your drone safe. And that helps keep the airspace available to everyone.

All recreational flyers must pass an aeronautical knowledge and safety test. The Recreational UAS Safety Test (TRUST) meets this rule. If law enforcement or FAA personnel ask, you must provide proof of passage. 

TRUST provides education and testing on important safety and regulatory information. If you fly your drone recreationally under the Exception for Recreational Flyers, you must pass the test before you fly. 

Note: If your drone weighs more than .55 pounds (lbs), you must register your drone through the FAA’s Drone Zone.

For a complete discussion on drone registration, see our Drone Registration Explainer.

To fly your drone as a recreational flyer, it’s as easy as 1-2-3

  1. Understand recreational flying requirements.
    • Note: Non-recreational drone use is when you fly drones for business or to help out, not just for fun. For example, real estate agents may use drones to photograph houses they sell. Roof inspectors might use drones to get a closer look at roofs. A high school might have someone fly a drone to record football games and post videos on their website. Doing volunteer work with drones also counts as non-recreational use. So, non-recreational drone use is any time you operate a drone for useful work. Or help others out. It is when you are not just doing it to enjoy flying it for hobby or sport. If you’re unsure which rules apply to your flight, fly under Part 107 (See below).
    • Visit the Recreational Flyers page to learn about the rules for recreational flyers.
    • Download the FAA’s B4UFLY mobile app for more recreational drone flying resources.
  2. Take TRUST
    • You may take the free online test through any FAA-approved test administrators.
    • All FAA-approved TRUST test administrators offer the test free.
    • All test questions are correctable to 100% before issuing your completion certificate.
    • After completing TRUST, you must download, save, or print your completion certificate.
    • If you lose your certificate, you will need to retake TRUST.
    • View a list of TRUST Test Administrators
  3. Receive your certificate
    • After you pass the test, you will receive a certificate. The test administrator you selected gives you your certificate.
    • Test administrators will not keep a record of your certificate. If law enforcement officers ask, you must present a copy of your certificate.

General Rules for Recreational Flyers

USC44809 is the Exception for Limited Recreational Operations of Unmanned Aircraft. The law describes how, when, and where you can fly drones for recreational purposes. Following these rules helps keep people, your drone, and our airspace safe:

  1. Fly only for recreational purposes (personal enjoyment).
  2. Follow the safety guidelines of an FAA-recognized Community-Based Organization (CBO). Read Advisory Circular 91-57C. It provides more information on how to become an FAA-recognized CBO, 
  3. Keep your drone within the visual line of sight. Or use a visual observer who is physically next to you and directly communicating with you.
  4. Give way to and do not interfere with other aircraft.
  5. Fly at or below FAA-authorised altitudes in controlled airspace with prior FAA authorisation. Controlled airspace is Class B, C, D, and surface Class E designated for an airport. Get your FAA authorisation using LAANC or DroneZone.
  6. Fly at or below 400 feet in Class G (uncontrolled) airspace. Note: Flying drones in restricted airspace is not allowed. Before the flight, drone pilots should always check for airspace restrictions. You can do so on the B4UFLY app or the UAS Facility Maps webpage.
  7. Take The Recreational UAS Safety Test (TRUST) and carry proof of test passage when flying.
  8. Have a current FAA registration. Mark (PDF) your drones on the outside with the registration number. And carry proof of registration when flying. Starting September 16, 2023, registered drones must broadcast Remote ID information. The FAA temporarily delayed enforcement to March 16, 2024. That law is now in place and being enforced.
  9. Do not operate your drone in a manner that endangers the safety of the national airspace system.

Recreational drone pilots must not violate safety requirements. Nor should they operate their drone flight carelessly or recklessly. You could be liable for criminal and/or civil penalties if you do.

You do not need a drone license if your drone use is recreational and falls within the scope of 44809. But, to fly your drone commercially, you must first get a Remote Pilot Certificate (RPC). This is also true for flights under the FAA’s Small UAS Rule (Part 107). The RPC is also known as a drone license or a Part 107 certificate. You may want to get your drone license for the flexibility it allows in your drone flights.

For more details on drone licensing, please see our Drone License Explainer.

For more information, read Advisory Circular 91-57B.

Changes Coming in the Future

The law also requires:

  1. The FAA to issue guidance for how it will recognize community-based organizations.

The FAA is incrementally rolling out these features and requirements.

Check the FAA website for the latest updates.

Commercial Drone Laws For Residents of the USA

Drone Operations in the USA are regulated.

  • Commercial drone flights are allowed
  • A commercial drone pilot license is required
  • Commercial Drone registration is required in the USA
  • Drone Remote ID is required for Commercial Drone Operators.
  • Drone Insurance is not required but recommended for commercial drone operations

Read below for more details on Commercial Drone Laws in the United States and to find links to regulators and other credible sources!

Notes for operating Commercial Drone Services in the USA

If you have a small drone under 55 pounds, you can fly for work or business by following the Part 107 guidelines.

For a complete review of the FAA Part 107 regulation, please see our comprehensive FAA 107 Explainer.

Note: The Operations Over People rule became effective on April 21, 2021. Drone pilots operating under Part 107 may fly at night, over people and moving vehicles without a waiver as long as they meet the requirements defined in the rule. Airspace authorisations are still required for night operations in controlled airspace under 400 feet.

If you have a small drone of fewer than 55 pounds, you can fly for work or business by following the Part 107 guidelines. There are three main steps to fly under Part 107 rules.

Step 1: Learn the Rules

Ensure you understand what is and is not allowed under Part 107 rules.

If you are unsure if Part 107 rules work for you and your intended operation, check our user identification tool.

Some operations will need a waiver. Here are the regulations specified in §107.205 that are subject to waiver:

Learn more about Part 107 Waivers.

Drone operators should avoid flying near airports. It is difficult for crewed aircraft to see and avoid a drone while flying. Remember that the drone operator must avoid manned aircraft. You are responsible for any safety hazard your drone creates in an airport environment.

Step 2: Become an FAA-Certified Drone Pilot by Passing the Knowledge Test

For more details on drone licensing, please see our Drone License Explainer.

To be eligible to get your Remote Pilot Certificate, you must be:

  • At least 16 years old
  • Able to read, write, speak, and understand English
  • Be in a physical and mental condition to safely fly a UAS

Study for the Knowledge Test

Get an FAA Tracking Number (FTN)

Schedule an Appointment

Complete FAA Form 8710-13

Step 3: Register your Drone with the FAA

For a complete discussion on drone registration, see our Drone Registration Explainer.

Registration costs $5 and is valid for three years. You’ll need a credit or debit card and the make and model of your drone handy to register. Learn more about registering your drone.

  • Create an account and register your drone at FAADroneZone. Select “Fly sUAS under Part 107.”
  • Once you’ve registered, mark your drone (PDF) with your registration number. The number will be helpful in case it gets lost or stolen.

Remember:

Drone Laws For Foreign Visitors To the USA (not USA Residents)

Drone Operations in the United States are regulated.

  • Foreign visitor drone flights are allowed in the USA
  • Foreign visitor drone pilot license is required
  • Drone registration is required for visitors/tourists
  • Drone Remote ID is required in the USA for tourists..
  • Drone Insurance is not required but recommended for tourist drone operations

Read below for more details on Drone Laws in the USA for Visitors (Tourists) and to find links to regulators and other credible sources!

  • Foreign visitor drone flights are allowed in the USA
  • Foreign visitor drone pilot license is required
  • Drone registration is required for visitors/tourists
  • Drone Remote ID is required in the USA for tourists..
  • Drone Insurance is not required but recommended for tourist drone operations

Useful published information on flying drones in the USA

Here is a sample of what you might expect if you follow the drone laws and fly in Trinidad and Tobago…

mavicandme.com would like to thank dronelaws.com for information used in this section.

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