Drone Legislation in the United States: What You Need to Know

Flying a drone in the United States, whether for pleasure or commercial purposes, is a strictly regulated activity. The primary authority in charge of U.S. airspace, including for unmanned aircraft (UAS or drones), is the Federal Aviation Administration (FAA) . Understanding its rules is essential for flying legally and safely. The legislation primarily distinguishes between two types of pilots: recreational pilots and professional pilots.

The Competent Authority: The FAA

All drone regulations in the United States are issued by the FAA. The FAA sets the rules, certifies pilots and aircraft, and penalizes violations. Therefore, it is crucial to always consult its official guidelines before taking off.

Rules for Recreational Flyers

If you use your drone solely for fun and entertainment, you are considered a recreational pilot. The rules are more relaxed than for professionals, but must still be strictly followed.

• Taking the TRUST test: All recreational pilots, without exception, must take and pass the free online safety test called TRUST (The Recreational UAS Safety Test). You must keep your certificate of completion with you when flying.
• Drone registration: If your drone weighs more than 250 grams (0.55 lbs), you must register it with the FAA through their DroneZone service. Registration is valid for 3 years and costs $5.
• Basic flight rules:
  • Always fly at a maximum altitude of 400 feet (approximately 120 meters) above the ground.
  • Keep your drone within your direct line of sight (DLOS) at all times.
  • Never fly over groups of people, stadiums or sporting events.
  • Respect airspace restrictions. Never interfere with emergency operations or other aircraft.
  • Use apps like FAA’s B4UFLY to check where you can fly safely.

Requirements for Professional Pilots (Part 107)

Any use of a drone related to a commercial activity (real estate photography, inspection, mapping, etc.) falls under the “Part 107” regulations. The requirements are stricter.

1. Obtaining a Remote Pilot Certificate: To become a professional pilot, you must obtain a Remote Pilot Certificate from the FAA. This requires:
   • Must be at least 16 years old.
   • Pass an initial theoretical exam called “Aeronautical Knowledge Test” at an FAA-approved testing center.
   • Pass a security check by the Transportation Security Administration (TSA).
2. Drone registration: All drones used for commercial purposes, regardless of their weight, must be registered under Part 107.
3. Operational rules: Although similar to those for recreational pilots (flying below 400 feet, in VLOS), Part 107 rules allow waivers for more complex operations, such as night flying, flying over people or beyond visual line of sight, subject to FAA approval.

Remote ID

A more recent and fundamental rule is Remote ID . Often described as a “digital license plate” for drones, Remote ID requires most drones in flight to broadcast identification and location information. This rule applies to virtually all drones requiring registration. Newer drones are generally factory-equipped (Standard Remote ID), while older models may require the addition of an external broadcasting module.

Conclusion: Clear but Evolving Regulations

Drone legislation in the United States is well-structured but can seem complex at first. The distinction between recreational and commercial use is the cornerstone of the system. Adhering to FAA regulations is not only a legal obligation; it is also a guarantee of safety for yourself and others. Because technology and regulations evolve rapidly, it is recommended to regularly consult the official FAA website to stay informed of the latest updates.