Regulations

FAA Part 107 Explained: What It Means for Commercial Drone Operations

Colin Burns··10 min read

If you've hired or researched hiring a drone company, you've probably seen “FAA Part 107 certified” used as a credential. But what does it actually mean, what does it require, and why should you care? This guide answers those questions in plain English.

What Is FAA Part 107?

Title 14 of the Code of Federal Regulations Part 107 — universally called “Part 107” — is the set of FAA rules that govern commercial unmanned aircraft operations in the United States. It came into effect in August 2016, replacing a patchwork of exemptions that previously governed commercial drone use.

Under Part 107, anyone operating a drone commercially — meaning any flight from which they receive compensation, directly or indirectly — must hold a Remote Pilot Certificate issued by the FAA. “Commercial” is interpreted very broadly: flying a drone to take photos you post on your real estate brokerage's website is commercial operation.

What Does Part 107 Certification Require?

To obtain a Part 107 Remote Pilot Certificate, an applicant must:

  • Be at least 16 years old
  • Pass the FAA's Aeronautical Knowledge Test (AKT) at an approved testing center
  • Pass a TSA background check
  • Register their drone(s) with the FAA

The knowledge test covers airspace classification, weather, emergency procedures, radio communications, loading and performance, and drone-specific operational rules. It's not trivial — passing rates hover around 70%. Certificate holders must pass a recurrent knowledge test every 24 months to remain current.

Key Part 107 Operating Rules

Part 107 sets the baseline rules for commercial drone operations. The most important ones:

  • Maximum altitude: 400 feet above ground level (AGL) in uncontrolled airspace; lower limits apply near airports
  • Visual Line of Sight (VLOS): The pilot must maintain unaided visual contact with the aircraft at all times
  • Daylight only: Operations are limited to civil twilight (30 minutes before sunrise to 30 minutes after sunset) without a waiver
  • No operations over people: Standard Part 107 prohibits flight over people not involved in the operation (waivers and Category certifications provide exceptions)
  • Controlled airspace: Flights in Classes B, C, D, and E airspace surface areas require prior authorization (via LAANC or FAA DroneZone)

Waivers: When the Rules Can Be Modified

The FAA grants waivers to specific Part 107 rules for operators who can demonstrate they can conduct the operation safely. Common waivers include:

  • Night operations waiver: Allows flights after civil twilight with appropriate lighting
  • Over-people waiver: Allows flight over crowds and non-participating persons
  • Beyond Visual Line of Sight (BVLOS) waiver: Allows operations beyond the pilot's unaided line of sight

What to Ask When Hiring a Drone Company

Before booking any commercial drone service, verify:

  • Does every pilot hold a current FAA Part 107 Remote Pilot Certificate? (Ask for the certificate number and check it at FAA Airmen Inquiry)
  • Is the company's aircraft registered with the FAA?
  • Do they carry commercial liability insurance? Can they provide a certificate?
  • Do they obtain proper airspace authorizations for flights near airports?
  • Do they have any relevant waivers for your specific project requirements?

All of our pilots at LNDMRK Drone hold current Part 107 certificates and we are happy to provide documentation upon request. Questions? Contact us.

Frequently Asked Questions

Is it illegal to hire an unlicensed drone photographer for commercial work?
Hiring an unlicensed drone operator for commercial work violates FAA regulations. Both the operator and potentially the client can face civil penalties. The FAA has issued fines exceeding $30,000 for commercial operations without Part 107 certification.
Can a hobbyist drone pilot legally fly for pay if they use their personal drone?
No. The distinction is use, not ownership. Any flight from which someone receives compensation — including real estate photos, event coverage, or any other paid work — requires a Part 107 Remote Pilot Certificate regardless of who owns the aircraft.
How do I verify that a drone pilot's certificate is current?
The FAA's online Airmen Inquiry tool allows you to search by name and verify that a pilot holds a current Remote Pilot Certificate. Ask the operator for their certificate number and legal name before your flight.

Need Professional Drone Services?

Get a free quote for your project. We respond within one business day.

Get a Free Quote