UAS Rules and Regulations

Center for Geospatial Analytics at North Carolina State University

Corey White

Objectives

  • Understand the role of the Federal Aviation Administration (FAA) in ensuring safety in the National Airspace System (NAS)
  • Recognize the main types of UAS operations and the rules for each: Part 107 for commercial use and the 49 USC 44809 recreational exception (TRUST)
  • Know the Part 107 operating rules, including airspace authorization with LAANC
  • Recognize permanent and temporary “no-drone-zones”
  • Understand the Certificate of Authorization (COA) for public agencies and when educational use requires Part 107

Federal Aviation Administration (FAA)

  • Created in 1958 in response to a series of fatal accidents and midair collisions involving commercial aircraft
  • Mandated to develop plans and policies for the use of navigable airspace to ensure the safety of aircraft and the efficient use of airspace
  • Since the creation of the FAA, American airspace has become one of the most regulated fields in the United States

A Brief History of the FAA

National Airspace System (NAS)

  • Already congested with piloted aircraft, and adding a swarm of UAS requires thoughtful planning
  • Main mandate: to ensure that UAS do not endanger current users of the NAS nor compromise the safety of people and property on the ground
  • Most small UAS cannot yet detect and avoid other aircraft, the gap behind many of today’s operating rules and the proposed Part 108 BVLOS rule (end of this lecture)

Who may fly, and under which rules?

Types of UAS operations

Types of UAS operations

Commercial / civil: any flight in furtherance of a business or non-recreational purpose, under 14 CFR Part 107

Recreational: strictly for personal enjoyment, under the 49 USC 44809 exception

Public aircraft operations: government entities, under Part 107 or a Certificate of Authorization (COA)

Educational use can fall under the recreational exception or Part 107, depending on the activity

Intent decides: the same aircraft can fly recreationally on Saturday and commercially on Monday

Recreational use of UAS

  • Operation of an unmanned aircraft strictly for personal interests and enjoyment
  • Taking photographs for your own personal use is recreational
  • Taking the same photographs for compensation, for sale, or in furtherance of any business (including research or coursework deliverables for pay) is a commercial operation under Part 107

The 44809 exception: conditions

To fly recreationally without a Part 107 certificate you must follow all conditions of 49 USC 44809:

  • Fly strictly for recreational purposes
  • Pass TRUST (The Recreational UAS Safety Test) and carry proof of completion
  • Register the aircraft if it weighs 250 g or more (FAADroneZone) and comply with Remote ID
  • Follow the safety guidelines of an FAA-recognized Community Based Organization (CBO)

The 44809 exception: where you may fly

  • Keep the aircraft within visual line of sight (or use a co-located visual observer)
  • Give way to and never interfere with manned aircraft
  • Fly at or below 400 ft in uncontrolled (Class G) airspace
  • In controlled airspace (Class B, C, D, E surface areas): fly only with a LAANC authorization or FAA authorization, at or below the UAS Facility Map altitude

Recreational use - Do not fly

  • over people or moving vehicles, and keep a safe distance from individuals and vulnerable property
  • near or over sensitive infrastructure (power stations, water treatment facilities, correctional facilities, heavily traveled roadways, government facilities)
  • in adverse weather such as high winds or reduced visibility
  • under the influence of alcohol or drugs

Recreational use - safety practices

  • Ensure the operating environment is safe and the operator is competent and proficient
  • Check and follow all local laws and ordinances before flying over private property
  • Do not conduct surveillance or photograph persons where there is an expectation of privacy without permission

Flying under Part 107

Commercial operations: the pilot, the aircraft, the rules

Commercial use of UAS

Any use in connection with a business or work, including:

  • Selling photos or videos taken from a UAS
  • Providing contract services, such as industrial equipment or factory inspection
  • Providing professional services, such as security or telecommunications
  • Monitoring the progress of work your company is performing
  • University research and mapping projects like the ones in this course

Commercial use - Remote Pilot requirements

Remote Pilot Certificate

Commercial use - UAS requirements

  • Must weigh less than 55 lbs
  • Must be registered in FAADroneZone ($5, valid 3 years)
  • Must comply with Remote ID
  • Must undergo a pre-flight check by the remote pilot in command

Part 107: flight limits

  • Must fly at or below 400 feet above ground level (AGL), or within 400 feet of a structure if flying higher
  • Must not fly from a moving vehicle unless in a sparsely populated area
  • Must fly at or below 100 mph (87 knots)
  • Must yield right of way to manned aircraft

Part 107: line of sight and night

Must keep the UAS within visual line of sight (VLOS) of the remote pilot in command or a visual observer

Night operations allowed without a waiver (since April 2021) if the pilot has completed current training and the aircraft has anti-collision lighting visible for 3 statute miles

Remote ID

  • UAS must broadcast identification, location, and control-station location during flight (rule effective 2021, enforced since March 16, 2024)
  • Three ways to comply:
    • Standard Remote ID aircraft (built-in broadcast)
    • Aircraft with an attached broadcast module (VLOS only)
    • Fly without Remote ID only inside an FAA-Recognized Identification Area (FRIA)
  • Applies to all aircraft that must be registered (recreational and Part 107)

Operations over people: Categories 1-4

Since April 2021, routine flight over people is allowed under Part 107 if the aircraft qualifies for one of four categories (14 CFR Part 107 Subpart D).

Category Aircraft limit Certification Over people
1 Under 250 g Self-declared Routine
2 11 ft-lbs impact Manufacturer DOC Routine
3 25 ft-lbs impact Manufacturer DOC Restricted sites only
4 None Airworthiness certificate Per certificate


Not airspace classes: Category 1-4 describes the aircraft; Class B-G describes the airspace

Category 1

Eligibility: aircraft weighs 0.55 lb (250 g) or less, including everything attached.

Requirements:

  • No exposed rotating parts that could lacerate human skin
  • Remote ID required for sustained flight over open-air assemblies

Operations:

  • May fly over people without a waiver or a Declaration of Compliance

Example UAS: sub-250 g aircraft such as the DJI Mini series or DJI Neo (with propeller guards where needed to meet the laceration requirement)

Categories 2, 3, and 4

Categories 2 and 3: no weight limit; injury-severity based, demonstrated through an FAA-accepted Means of Compliance and a manufacturer Declaration of Compliance (DOC)

  • Category 2: impact must not exceed 11 ft-lbs of kinetic energy; no exposed lacerating parts; routine flight over people
  • Category 3: impact must not exceed 25 ft-lbs; no flight over open-air assemblies; over people only within a closed or restricted-access site with notice, or when people are under cover or in stationary vehicles

Category 4: aircraft holds an airworthiness certificate under Part 21, operated within its flight manual with a maintenance, inspection, and record-keeping program; may operate over open-air assemblies per the certificate

Waivers from Part 107 operating rules

  • To operate outside Part 107 rules, apply for a Certificate of Waiver through FAADroneZone
  • The FAA grants waivers when the proposed operation can be performed safely with the applicant’s proposed mitigations

Waivable sections of Part 107

  • Operation from a moving vehicle or aircraft (§ 107.25)
  • Visual line of sight aircraft operation (§ 107.31) - the most requested waiver today (BVLOS)
  • Visual observer (§ 107.33)
  • Operation of multiple small unmanned aircraft systems (§ 107.35)
  • Yielding the right of way (§ 107.37(a))
  • Operation over people (§ 107.39, beyond the category rules)
  • Operation in certain airspace (§ 107.41)
  • Operating limitations for small unmanned aircraft (§ 107.51)
  • No waiver will be issued to allow the carriage of property of another by aircraft for compensation or hire

Accident reporting (§ 107.9)

No later than 10 days after an operation, the remote pilot in command must report to the FAA any operation of the small unmanned aircraft involving at least:

  • Serious injury to any person or any loss of consciousness; or
  • Damage to any property, other than the small unmanned aircraft, unless the cost of repair (including materials and labor) or fair market value of the property does not exceed $500

Where can you fly?

Airspace classes, LAANC, and reading the chart

Airspace classes

U.S. airspace classes in profile

  • Class B/C/D and Class E surface areas: operations require an airspace authorization, normally obtained through LAANC
  • Class G (uncontrolled): may operate while following all other Part 107 rules, no authorization needed

LAANC - airspace authorization

Low Altitude Authorization and Notification Capability

  • Automated, near-real-time FAA authorization for flights in controlled airspace, up to the altitude in the UAS Facility Maps
  • Available to both Part 107 and recreational flyers
  • Request through an FAA-approved service supplier app (e.g. Aloft, AutoPylot, Airspace Link)
  • Above facility-map altitudes or where LAANC is unavailable: apply via FAADroneZone

Reading aeronautical charts

Solid lines and blue mean more restrictive; dashed lines and magenta mean less restrictive:

Airspace class Chart symbol Around
B Solid blue Major hubs (Charlotte)
C Solid magenta Mid-size towered airports (RDU)
D Dashed blue Smaller towered airports
E (surface) Dashed magenta Non-towered airports with instrument approaches

Interactive charts: VFRMap, SkyVector | FAA course on airspace classification

Airports and controlled airspace

No 5-mile rule: airspace class, not distance to an airport, decides whether you need authorization (the pre-2019 notification requirement was repealed with Section 336)

  • Both recreational and Part 107 pilots need a LAANC (or FAADroneZone) authorization to fly in Class B, C, D, or surface Class E airspace
  • Authorization is granted up to the UAS Facility Map altitude for the grid cell; near runways this is often 0 ft (no automatic authorization)

Where NOT to fly

FAA “No Drone Zone” outreach signage

Airspace restrictions

  • Security Sensitive Airspace Restrictions
  • Temporary Flight Restrictions (TFRs)
  • Restricted or Special Use Airspace
  • Stadiums and sporting events
  • Wildfires

Security sensitive airspace restrictions

  • All UAS flights prohibited within the airspace
  • Restrictions extend from the ground up to 400 feet AGL
  • Apply to all types and purposes of UAS flight operations
  • Remain in effect 24 hours a day, 7 days a week

Temporary flight restrictions (TFRs)

TFR: airspace where flight is limited because of a temporary hazardous condition (wildfire, chemical spill) or a security-related event (VIP movement, large public events)

The TFR text gives the details: size, altitude, effective times, and which operations are restricted or permitted

TFR map, TFR list

Restricted or special use airspace

Types of Special Use Airspace include:

  • Prohibited areas
  • Restricted areas
  • Warning areas
  • Military operation areas (MOAs)
  • Alert areas
  • Controlled firing areas (CFAs)

The airspace surrounding Washington DC is the most restricted in the country More info

Stadiums and sporting events

UAS operations are prohibited within a radius of 3 nautical miles of the stadium or venue, from one hour before to one hour after, for:

  • Major League Baseball
  • National Football League
  • NCAA Division One Football
  • NASCAR Cup Series, IndyCar, and Champ Series races

Wildfires

It is illegal to fly your UAS in or around a wildfire firefighting operation

Beyond Part 107

Public agencies, COAs, and educational use

Public entities

Publicly funded universities, law enforcement agencies, fire departments, and other government agencies have two options:

  • Follow the same requirements and operating rules as commercial users (Part 107)

OR

  • Operate as public aircraft under a blanket Certificate of Authorization (COA)

Certificate of Authorization

Can be obtained:

  • Only by government entities, such as federal and state agencies, law enforcement, and public colleges and universities, for public (governmental) UAS aircraft operations

Allows:

  • Flights at or below 400 feet in Class G airspace nationwide, self-certification of the UAS pilot, and emergency COAs under special circumstances

Applying:

Educational use

  • Under 49 USC 44809(c) and FAA educational-user guidance, students at accredited institutions may fly under the recreational exception as part of coursework (TRUST, registration, and all other 44809 conditions still apply)
  • Faculty-directed research and flights that further university business generally require Part 107

In this course: instructional flight operations are conducted under Part 107 by certificated pilots

UAS best practices

  • If you can, tell other people you’ll be taking pictures or video of them before you do so
  • If someone has a reasonable expectation of privacy, don’t violate it by taking pictures or video, unless you’ve got a very good reason
  • Don’t fly over other people’s private property without permission if you can easily avoid doing so
  • Don’t harass people with your drone
  • Don’t gather personal data for no reason, and don’t keep it for longer than you have to
  • If you keep sensitive data about other people, secure it against loss or theft
  • If someone asks you to delete personal data about him or her that you’ve gathered, do so, unless you’ve got a good reason not to

Current developments - BVLOS and Part 108

  • The biggest open problem in UAS regulation today: beyond visual line of sight (BVLOS) flight without a waiver
  • The FAA published the proposed Part 108 rule (Notice of Proposed Rulemaking, August 2025) to enable routine BVLOS operations
  • Built on automated traffic awareness/deconfliction services and aircraft airworthiness acceptance instead of one-off waivers

The rules keep moving: always verify against faa.gov/uas before you fly

Resources

Wrap-up

Assignment 1B: pass the TRUST safety test (submit your certificate), or explain 5 Part 107 sample questions

Next topic: Structure from Motion, how overlapping photos become orthophotos and surface models