Unmanned Aircraft Regulation in the US

In the US, unmanned aircraft, also known as drones, are regulated by the Federal Aviation Administration (FAA). The FAA requires drone pilots to register their aircraft if it weighs more than 0.55 pounds and is used for recreational or commercial purposes.

To operate a drone safely and legally, pilots must follow the FAA's rules, which include flying below 400 feet and staying at least 5 miles away from airports. The FAA also requires drone pilots to be at least 13 years old and pass a knowledge test.

Drone pilots must also follow specific guidelines when flying near people, such as keeping the drone within their line of sight and not flying over crowds or stadiums.

The regulatory framework for unmanned aircraft is complex and multifaceted. It can be broken up into two main categories: drone law statutes created through a legislative process and drone regulations created through a rule-making process.

Multiple parts of the Federal Aviation Regulations ("FARs") could apply to your drone flight, but the 4 common areas of regulations are Part 47, Part 48, and Part 107.

The Code of Federal Regulations contains many different regulations spread out all over that apply in certain circumstances. Certain regulations apply to the operations, import/export, foreign aircraft operation, registration, accident reporting, etc.

Drone laws can be divided into two main categories: drone law statutes created through a legislative process and drone regulations created through a rule-making process.

The Code of Federal Regulations contains drone regulations, but unfortunately, there isn't one place to find all the regulations in sequential order. They are scattered throughout the code and apply in specific circumstances.

The Federal Aviation Regulations (FARs) have multiple parts that could apply to drone flights, but the four common areas of regulations are Part 47, Part 48, and Part 107.

The FAA is the federal oversight body responsible for ensuring aerospace safety, and it has a Remote Pilot in Command (PIC) certification requirement for operating drones.

Small Unmanned Aircraft Systems (UAS) refers to a small unmanned aircraft and its associated elements required for safe and efficient operation in the national airspace system.

The FAA defines an unmanned aircraft as one that is operated without direct human intervention from within or on the aircraft.

The FAA also defines a public unmanned aircraft system as one that meets the qualifications and conditions required for operation of a public aircraft.

For another approach, see: Remote Pilot Small Unmanned Aircraft Systems Study Guide

The Federal Trade Commission (FTC) has authority over unmanned aircraft systems used for compensation or hire, or in the furtherance of a business enterprise, in the national airspace system, which is considered an unfair and deceptive practice in violation of section 5(a) of the Federal Trade Commission Act.

This means that companies using drones for commercial purposes must comply with FTC regulations to avoid unfair and deceptive practices.

A violation of a privacy policy by a person using an unmanned aircraft system can be considered a serious offense by the FTC.

The FTC's authority in this area is defined by the terms "unmanned aircraft" and "unmanned aircraft system", which have specific meanings given in section 44801 of title 49, United States Code.

These definitions are crucial in determining what constitutes a violation of FTC regulations.

The Administrator has exceptions to disclosing information, including if the release of such information would compromise homeland security.

This highlights the importance of balancing data disclosure with national security concerns.

In the United States, unmanned aircraft are required to be registered with the FAA, and there are two methods of registration: Part 47 and Part 48.

Part 47 is the paper-based method, which is time-consuming and costly, but it's required for unmanned aircraft that are 55 pounds or more, or intend to be operated outside of the territorial airspace of the United States.

Discover more: Regulation of UAVs in the United States

If you're flying a drone that weighs less than 55 pounds and operates within the national airspace system, you can register online using Part 48.

To register online, you'll need to fill out the information on the FAA's website and receive a Certificate of Aircraft Registration, which contains your name, issue date, and registration number.

Registration must be renewed every three years, and the cost is $5 for recreational flyers and $5 per aircraft for non-recreational flyers.

Children under 13 years old must have a parent or guardian register their drone on their behalf.

Here's a summary of the registration requirements:

To operate a drone, you'll also need to obtain a remote pilot certificate, which requires passing a knowledge test and a background check.

Part 47 is the paper-based method of aircraft registration, which can be a lengthy and annoying process.

This method is required for manned and unmanned aircraft that weigh 55 pounds or more, or are operated outside of the US territorial airspace.

Unmanned aircraft registered through a trust or voting trust also fall under Part 47.

Additionally, model aircraft flyers have the option to register under Part 47, but it's worth noting that this method is per aircraft, whereas Part 48 is per person.

Registering through Part 47 can be costly to the FAA and may back up the registration system.

The FAA created Part 48 specifically for unmanned aircraft to alleviate these issues.

As a result, Part 48 is a more efficient and cost-effective option for most unmanned aircraft owners.

However, it's essential to note that registration through Part 47 is still required for certain types of unmanned aircraft.

In the United States, online registration is required for drones weighing between 0.55 pounds and 55 pounds, including everything attached to the aircraft.

The online registration process is managed through Part 48, which allows aircraft owners to fill out information on the FAA's website and receive a Certificate of Aircraft Registration.

If you're flying your drone for recreational purposes, you can create a registration identification for $5, which can be applied to all of your aircraft. However, if you're flying for commercial or government purposes, you'll need to register each aircraft for $5.

To register your drone online, you must be at least 13 years old, and if you're less than 13 years old, a parent or guardian must register the drone for you.

The Certificate of Aircraft Registration is effective once the registration process is complete and must be renewed every three years.

Failure to register your drone can result in civil penalties of up to $27,500, and criminal penalties, which could include fines up to $250,000 and/or imprisonment for up to three years.

To become a remote pilot, you'll need to obtain a remote pilot certificate with a small UAS rating. This certificate allows you to operate a small unmanned aircraft system (sUAS) weighing less than 55 pounds.

You can qualify for a remote pilot certificate by holding a Part 61 pilot certificate, which allows you to obtain a temporary remote pilot certificate immediately upon submission of your application for a permanent certificate. Other applicants will obtain a temporary remote pilot certificate upon successful completion of TSA security vetting, which typically takes around 10 business days.

To qualify for a remote pilot certificate, you must also be at least 16 years old, be able to read, speak, write, and understand English, and pass a knowledge test.

A remote pilot in command must be responsible for the safe operation of the sUAS and ensure that it complies with all applicable regulations. This includes making available to the FAA, upon request, the sUAS for inspection or testing, and any associated documents/records required to be kept under the rule.

Here are some key responsibilities of a remote pilot in command:

These responsibilities are crucial to ensuring the safe operation of sUAS and preventing accidents or incidents.

In Australia, there are strict regulations surrounding the use of UAVs (Unmanned Aerial Vehicles). CASA (Civil Aviation Safety Authority) requires that UAVs be at least 30 m (98 ft) away from people and structures.

To operate a UAV in Australia, you need to check with the local council where you can fly it. This is to ensure that you're not creating a hazard or disrupting other activities in the area.

CASA regulations are in place to ensure public safety, and failure to comply can result in penalties. It's essential to familiarize yourself with these regulations before operating a UAV in Australia.

If you're planning to fly a UAV in Australia, make sure to keep it at least 30 m away from people and structures. This will help prevent accidents and ensure a safe flying experience.

See what others are reading: Regulation of UAVs in the United Kingdom

Environmental Review and Noise Certification is a crucial step in the registration and certification process. This step ensures that the product meets environmental and noise standards.

The environmental review assesses the product's impact on the environment, including its recyclability, energy efficiency, and potential for hazardous materials. This review is typically conducted by an independent third-party organization.

A noise certification is also required to ensure the product meets noise standards, which vary by country and region. For example, the European Union has strict noise standards for certain products.

Products that fail to meet environmental and noise standards may be rejected or recalled. This can result in significant financial losses and damage to a company's reputation.

In some cases, a manufacturer may need to redesign their product to meet environmental and noise standards. This can be a costly and time-consuming process.

The environmental review and noise certification process typically takes several months to complete. This delay can impact a product's launch date and timeline.

By investing time and resources into environmental review and noise certification, manufacturers can ensure their products meet regulatory requirements and reduce the risk of recalls or rejections.

Operating rules and limitations for unmanned aircraft are numerous and important to follow. The FAA has established specific rules for safe operation, including the requirement for a remote pilot certificate with a small UAS rating (107.12).

To obtain and maintain this certification, remote pilots must pass an initial and recurrent knowledge test (107.73). They must also undergo a preflight inspection of the aircraft (107.51) and ensure that the aircraft is registered (107.13).

The FAA also has rules for operating in different types of airspace, including Class B, C, D, and E airspace, which require ATC permission (107.41). In contrast, operations in Class G airspace are allowed without ATC permission.

As you start flying your drone, it's essential to understand the operational limitations that come with it. You must remain within a certain distance from the remote pilot in command and the person manipulating the flight controls of the small UAS for them to see the aircraft with unaided vision.

The maximum groundspeed of 100 mph (87 knots) is a crucial limitation to keep in mind. You can't fly faster than this speed, or you risk violating the rules.

Night operations require anti-collision lighting, which is a must-have for safe flying. Make sure your drone is equipped with the necessary lighting to avoid any accidents.

You must yield right of way to other aircraft, which is a fundamental rule of flying. This means you should always be aware of your surroundings and give priority to other aircraft in the air.

Visual observers (VOs) can be used, but they're not always required. You can choose to fly without a VO, but you must still ensure you can see the aircraft with unaided vision.

The maximum altitude of 400 feet above ground level (AGL) is a hard limit. If you fly higher than this, you must stay within 400 feet of a structure.

Here are the key operational limitations summarized in a table:

Remember to always follow these operational limitations to ensure safe and responsible drone flying.

Operating a drone on university grounds comes with certain restrictions. You can't use it to monitor, photograph, or video areas where others have a reasonable expectation of privacy, such as restrooms, locker rooms, and residential rooms.

Some areas are completely off-limits, including residential hallways and lounges. It's also not okay to use a drone to record sensitive information found in workspaces or on computers.

If you're planning to fly a drone, be aware that you can't fly through or above residential communities. This is a strict rule, and it's not worth the risk.

Drones must be certified and weigh less than 55 pounds. If yours is heavier, don't even think about flying it on campus.

You also can't operate a drone if you're under the influence of alcohol and drugs. This might seem obvious, but it's worth mentioning.

Here are some key prohibited uses of drones on university grounds:

In certain situations, drone operators may need to obtain special permits or exemptions to operate their drones. For example, flights above 120 meters AGL or without a line of sight require a permit from the national aviation authority.

The FAA has a special exemption process for emergency situations, such as catastrophes or disasters. This process allows for the rapid deployment of drones to facilitate emergency response operations, such as search and rescue or firefighting.

To qualify for an emergency exemption, the Administrator of the Federal Aviation Administration must act on applications as expeditiously as practicable and without requiring public notice and comment. The exemption must also meet specific safety requirements, such as ensuring operations do not interfere with other emergency response efforts.

The special category applies to drones that overstep the limitations of A1/A2/A3, such as flights above 120 meters AGL or without a line of sight. In this case, the national aviation authority needs to issue a permit.

Here is a list of situations that require special permits or exemptions:

Waivers are a crucial aspect of emergency exemption processes. The Administrator of the Federal Aviation Administration is responsible for updating and improving the Special Government Interest process to facilitate quick and efficient use of unmanned aircraft systems in emergency situations.

The process involves developing best practices for the use of unmanned aircraft systems by States and localities to respond to catastrophes, disasters, or other emergency response and recovery operations. This ensures that civil and public operators, including local law enforcement agencies and first responders, can use unmanned aircraft systems effectively.

The Administrator must publish guidance for applications for exemptions or certificates of authorization or waiver on an emergency basis. This guidance must include explicit safety requirements for beyond visual line of sight or nighttime operations, or the suspension of otherwise applicable operating restrictions.

The Administrator must also provide procedures for coordinating with an incident commander to ensure operations granted under emergency procedures do not interfere with other emergency response efforts. This is crucial for effective emergency response operations.

Waivers are subject to specific requirements, including making explicit safety requirements and procedures for coordination with incident commanders. The Administrator must act on waiver applications as expeditiously as practicable and without requiring public notice and comment.

A fresh viewpoint: List of Unmanned Aerial Vehicle Applications

There's an exception for limited recreational drone use, specifically for educational purposes. This exception allows institutions of higher education to operate drones for educational or research purposes, as long as they follow certain guidelines.

Institutions of higher education can operate drones for educational purposes, which includes instruction of students, academic or research uses, and other approved academic activities. They can also operate drones for research projects, including those sponsored by the Federal Government.

To qualify for this exception, the drone operation must be part of the institution's curricula or research, and the Administrator of the Federal Aviation Administration (FAA) must consider the use of small drones and operations at accredited institutions. The FAA must also develop streamlined, risk-based operational approval for institutions of higher education.

The Administrator of the FAA has 270 days after the date of enactment of this Act to establish regulations, procedures, and standards for the safe operation of drones operated by institutions of higher education for educational or research purposes. This means they have to act quickly to set up the necessary guidelines for safe operation.

The FAA has made it clear that public UAS access to special use airspace is not just a privilege, but a requirement. Pub. L. 115–254, div. B, title III, §368, Oct. 5, 2018, 132 Stat. 3310, mandated that the Secretary of Transportation issue guidance for expedited and timely access to special use airspace for public UAS within 180 days of enactment.

This guidance is crucial for federal, state, local, or tribal law enforcement organizations to conduct law enforcement, emergency response, or other activities. The law requires that UAS operators have knowledge of Federal Aviation Administration regulations and requirements pertaining to the operation of an unmanned aircraft system in the national airspace system.

In practice, this means that UAS operators need to be aware of the specific rules and regulations that apply to special use airspace. The FAA has established various special flight rules areas, including the Washington, DC Metropolitan Area Special Flight Rules Area (§§ 93.331 – 93.345) and the New York Class B Airspace Hudson River and East River Exclusion Special Flight Rules Area (§§ 93.350 – 93.353).

Here's a list of some of the special flight rules areas that UAS operators need to be aware of:

These are just a few examples of the special flight rules areas that UAS operators need to be aware of. It's essential to check the FAA regulations and requirements before operating a UAS in any of these areas.

In the Arctic, the Secretary of Transportation is working to develop a plan for designating permanent areas where unmanned aircraft can operate 24 hours a day for research and commercial purposes.

These areas must enable over-water flights from the surface to at least 2,000 feet in altitude, with ingress and egress routes from selected coastal launch sites. The Secretary will work with relevant Federal agencies and national and international communities to make this happen.

The plan will also include processes to facilitate the safe operation of unmanned aircraft beyond the visual line of sight. This is a crucial aspect of ensuring public safety and minimizing the risk of accidents.

The Secretary has a year to work on this plan and establish a process for approving the use of unmanned aircraft in these designated areas. This process will apply to all types of unmanned aircraft, regardless of whether they're used for public, civil, or model purposes.

The FAA will likely draw on existing processes to meet these requirements, but the specific details of this process are still being developed.

International and Interagency Cooperation is crucial for the development of effective unmanned aircraft regulations. The International Civil Aviation Organization (ICAO) plays a key role in this process.

ICAO has established a set of standards and recommended practices for unmanned aircraft systems (UAS), which many countries have adopted. The ICAO guidelines cover topics such as UAS classification, operation, and safety.

The ICAO guidelines also emphasize the importance of international cooperation and coordination in regulating UAS. This includes sharing information and best practices among countries to ensure a consistent and effective regulatory framework.

The European Union and Switzerland have a unique relationship when it comes to drone regulations. They employ the European Union's rules, which classify drone operations into three categories.

These categories are clearly defined: Open, Special, and Certified. The Certified category involves exceptionally high risks, which is a crucial consideration for drone operators.

Switzerland, being part of EASA, adheres to the European Union's regulations. This means that drone operators in Switzerland must comply with the same rules as those in other EU member states.

In Hong Kong, the government has proposed regulations that will require drones above a certain weight to be registered. This is a big step towards ensuring public safety.

The proposed regulations will also make it mandatory for remote pilots to register and label their drones. This is a crucial step in identifying and tracking drones that are being used for various purposes.

The Hong Kong government plans to introduce regulations that will broadly follow American standards. This will require drones above a certain weight to be registered and will make it compulsory for remote pilots to undergo training and assessment.

Here's a breakdown of the different categories of drone operations in Hong Kong:

In Hong Kong, drones weighing over 250g (except those flying within an enclosed area of domestic premises) must be registered with the Civil Aviation Department (CAD) before operation.

Iran has a complex drone regulation system. Imported drones have been illegal since May 2023.

In some areas, drone use is strictly prohibited. For example, flying drones are banned in the Mazandaran province.

To operate a drone in Tehran city, you need to obtain a permit from the IRGC base. This is a requirement for all drone users.

The country has a significant number of drones, with approximately 18,000 registered drones.

In South Korea, drones are banned from many places, especially in the northern parts of Seoul where key government offices are located.

These no-fly zones include areas around military installations and nuclear power plants, which are strictly off-limits to drones.

As of 2016, local law prohibits drone use in these sensitive areas, indicating a strong emphasis on security and control.

The FAA-DoD Collaboration is a key aspect of international and interagency cooperation. The two agencies have worked together on sense-and-avoid capabilities for unmanned aircraft systems.

In 2018, Pub. L. 115–254, div. B, title III, §365, provided that the Secretary of Transportation shall consult with the Secretary of Defense to streamline deployment of systems intended to mitigate threats posed by errant or hostile unmanned aircraft system operations.

The collaboration includes sharing information on safely integrating unmanned aircraft systems and manned aircraft in the national airspace system. This is a critical aspect of ensuring the safe and efficient operation of the national airspace system.

The Administrator of the Federal Aviation Administration and the Secretary of Defense may collaborate on sense-and-avoid capabilities for unmanned aircraft systems, as stated in the Collaboration Between Federal Aviation Administration and Department of Defense on Unmanned Aircraft Systems section. This collaboration may include the development of civil standards, policies, and procedures for the Federal Aviation Administration.

The FAA may participate in Department of Defense activities, including test and evaluation efforts, to provide assistance on airborne and ground-based sense-and-avoid capabilities for unmanned aircraft systems. This participation may include provision of assistance through Department of Defense unmanned aircraft systems test sites or a Federal Aviation Administration test range.

The rules adopted by the Administrator of the Federal Aviation Administration in the matter of registration and marking requirements for small unmanned aircraft were restored to effect on December 12, 2017, as per the Collaboration Between Federal Aviation Administration and Department of Defense on Unmanned Aircraft Systems section.

The use of drones raises significant safety and privacy concerns, and violating federal and state laws regulating their use can result in substantial legal penalties for the University and the operator.

Violations of this policy will be addressed pursuant to applicable University policies, regulations, and procedures, which may include disciplinary action up to and including termination.

The University will reserve the right to review and confiscate any photographs or video captured by a UAS over University property, and/or in violation of this policy.

Fines or damages incurred by individuals that do not comply with this policy will not be paid from Florida Tech and will be the responsibility of those persons involved.

For Third Parties and Contract Operators, the University will bear no responsibility for violation of FAA regulations or state law by the authorized operator and the operator will be required to sign an agreement promising to indemnify, defend, and hold the University harmless.

Here's a breakdown of the potential consequences of violating drone regulations:

The Administrator of the Federal Aviation Administration will establish a pilot program to utilize available remote detection or identification technologies for safety oversight, including enforcement actions against operators of unmanned aircraft systems that are not in compliance with applicable Federal aviation laws.

As part of the pilot program, the Administrator will establish and publicize a mechanism for the public and Federal, State, and local law enforcement to report suspected operation of unmanned aircraft in violation of applicable Federal laws and regulations.

The Administrator will submit to the appropriate committees of Congress a report on the number of unauthorized unmanned aircraft operations detected in restricted airspace, the number of enforcement cases brought, and recommendations for safety and operational standards for unmanned aircraft detection and mitigation systems.

Suggestion: Unmanned Drones for Law Enforcement