The US Federal Aviation Administration (FAA) has adopted the name small unmanned aircraft system (sUAS) to describe aircraft systems without a flight crew on board weighing less than 55 pounds. More common names include UAV, drone, remotely piloted vehicle (RPV), remotely piloted aircraft (RPA), and remotely operated aircraft (ROA). These unmanned aircraft flown in the National Airspace System must operate under the rules of a community based organization for recreational purposes or 14 CFR Part 107 for commercial operations. All UAVs weighing more than 250 grams flown for any purpose must be registered with the FAA. Remote ID generally requires drones that are required to be registered to broadcast identification and location information during flight, except when operated in FAA-recognized identification areas (FRIAs) or under limited exemptions.
Types of federal regulation Multiple categories of rules have been proposed or enacted in the United States by the Federal Aviation Administration. The restrictions imposed on the operation of UAS differ for each category of rule.
Operator licensing The FAA requires all commercial UAS operators to obtain a remote pilot license under Part 107 of the Federal Aviation Regulations. To qualify for a Part 107 UAS license, an applicant must be over 16 years of age, demonstrate proficiency in the English language, have the physical and mental capacity to operate a UAS safely, pass a written exam of aeronautical knowledge, and complete a Transportation Security Administration background security screening.
Recreational UAS operators are not required to obtain a Part 107 license. However, unlicensed recreational UAS operation is only lawfully permitted if the UAS is operated for purely non-commercial purposes, and if the operator complies with restrictions on recreational UAS operation, including prohibitions on operating their UAS beyond the operator's visual line of sight. As of April 21, 2021, the FAA amended 14 CFR Part 107 to permit certain small unmanned aircraft operations over human beings without requiring an individual waiver under § 107.200, provided the aircraft qualifies for Category 1, 2, 3, or 4 as defined in §§ 107.110–107.115, and the operation complies with the limitations in § 107.39 and applicable Remote Identification requirements under 14 CFR Part 89.
The same amendments also authorize night operations without a waiver, provided the remote pilot has completed the required knowledge testing or recurrent training addressing night operations, and the aircraft is equipped with anti-collision lighting visible for at least three statute miles, as required under § 107.29.
UAS registration Commercial (Part 107) operators are required to register their UAS with the FAA, regardless of its weight. In addition, recreational operators are also required to register their UAS if its total weight (including any payload) meets or exceeds 0.55 pounds. UAS registration costs $5. Recreational UAS operators may obtain a single user registration number and register multiple UAS for a single $5 fee, while commercial operators must individually register and pay a $5 registration fee per each UAS. Recreational UAS weighing less than 0.55 pounds do not need to be registered.
UAS operators must clearly mark their registration number on the outside of their UAS in an easily readable manner. This requirement enables authorities to trace and locate the operator of a recovered UAS, if the UAS was involved in an accident or unlawful activity.
Remote identification
The Remote ID rule requires UAS to broadcast information in real-time about operation of the UAS, including the location of the UAS and its control station, and a unique identification number that officials may be able to cross-reference to identify the UAS operator. For those UAS which lack the ability to broadcast Remote ID information, the rule requires operators to retrofit the UAS with a broadcast module capable of broadcasting identifying information.
Exceptions to the Remote ID requirement include UAS weighing under 0.55 pounds, and UAS being operated within specially designated flying zones or "FAA-Recognized Identification Areas" where Remote ID will not be required.
Regulation history 2012 and Prior Well before any FAA concerns ever existed for UAS aircraft, at the very start of the 21st century the Federal Communications Commission had already started "registration" of many of its radio services' licensees in the United States, by assigning each licensee a unique ten-digit numerical "FRN" (FCC Registration Number) registration code as shown on their paper licenses, as part of the then-new "CORES" (COmmission REgistration System) organization system for FCC licensee records - this was also done for all United States-licensed amateur radio operators, who have regulation 97.215 in the FCC Part 97 Amateur Radio Service rules that allows use of any Ham-legal frequency solely for recreational operation of model aircraft and surface models, with up to one watt of RF output. No requirement of any sort has yet been issued by the FCC for the "FRN" number's display on Ham-licensed, amateur radio frequency-operated radio control model aircraft, nor on any other variety of remotely-guided model craft operated on Ham bands, such as surface-operated models of any sort; with the FCC reserving any use or display of such "FRN" numbers for future needs, beyond their existing assignment to radio service licensees and display on their licenses.
On September 16, 2005, the FAA released memorandum AFS-400 UAS Policy 05-01 as a guideline to the usage of UAS in the U.S. National Airspace System (NAS).Federal Aviation Administration, Unmanned Aircraft Systems Operations in the U.S. National Airspace System—Interim Operational Approval Guidance (AFS-400 UAS Policy 05-01) (2005). On February 6, 2007, the FAA released a policy document indicating that UAVs are recognized by the definition of aircraft.Final Report (September 2009). Unmanned Aircraft System Regulation Review. DOT/FAA/AR-09/7 Soon after on February 13, a Policy Statement concerning the operation of drones was issued and clarified the distinction between a UAV and a model aircraft.
The FAA Modernization and Reform Act of 2012 set a deadline of September 30, 2015, for the agency to establish regulations to allow the use of commercial drones. While such regulations were pending, the agency claimed it was illegal to operate commercial unmanned aerial vehicles, but approved non-commercial flights under 400 feet if they followed Advisory Circular 91-57, Model Aircraft Operating Standards, published in 1981. However, the FAA's attempt to fine a commercial drone operator for a 2011 flight were thrown out on March 6, 2014, by NTSB judge Patrick Geraghty, who found that the FAA had not followed the proper rulemaking procedures and therefore had no UAV regulations. The FAA appealed the judgment of the NTSB administrative law judge. Texas EquuSearch, which performed volunteer search and rescue operations, was also challenging FAA rules in 2014.
2013 - 2015 As of August 2013, commercial unmanned aerial systemAhlers, Mike. November 7, 2013. FAA takes initial steps to introduce private drones in U.S. skies, CNN. Retrieved December 3, 2013. (UAS) licenses were granted on a case-by-case basis, subject to approval by the Federal Aviation Administration (FAA). Previously, COAs (certificate of authorization) required a public entity as a sponsor. For example, when BP needed to observe oil spills, they operated the Aeryon Scout UAVs under a COA granted to the University of Alaska Fairbanks. COAs have been granted for both land and shipborne operations. In 2014, the FAA approved at least ten applications from specific companies for commercial use of drones, including movie-makers and surveyors.
In December 2013, the FAA announced six operators it was authorizing to conduct research on drone technology, to inform its pending regulations and future developments. These were the University of Alaska (including locations in Hawaii and Oregon), the state of Nevada, Griffiss International Airport in New York State, the North Dakota Department of Commerce, Texas A&M University–Corpus Christi, and Virginia Tech.
In addition to FAA certification, the regulation of usage of UA systems by government authorities in the United States for law enforcement purposes is determined at a state level. As of September 2014, 20 U.S. states had enacted legislation addressing the use of UA systems and the handling of data collected by them. Nearly all enacted laws require a probable cause warrant to be issued before the use of a UA system for surveillance purposes is authorized.
In May 2014, a group of major news media companies filed an amicus brief in a case before the U.S.'s National Transportation Safety Board, asserting that the FAA's "overly broad" administrative limitations against private UAS operations cause an "impermissible chilling effect on the First Amendment newsgathering rights of journalists", the brief being filed three months before a scheduled rollout of FAA commercial operator regulations. FAA v. Pirker brief is posted here. On November 18, 2014, however, regarding the FAA v. Pirker case, the National Transportation Safety Board (NTSB) upheld FAA's authority over enforcement of the operation of UAS or model aircraft by affirming that since "unmanned aircraft systems (UAS) meet the legal definition of 'aircraft'," the operation of which are thus subject to civil penalties.Elias, Bart. January 27, 2016. "Unmanned Aircraft Operations in Domestic Airspace: U.S. Policy Perspectives and the Regulatory Landscape." Congressional Research Service.
2015 - Present On January 12, 2015, CNN announced that their News Network has been cleared by the FAA, in the first program of its kind to test camera-equipped drones for news gathering and reporting purposes. CNN has partnered with the Georgia Tech Research Institute to collect data for the program. The FAA said it will analyze the information to develop rules about using drones for news gathering.
On February 15, 2015, the FAA announced that up to seven thousand businesses could get approval to fly drones two years from now under proposed rules by the FAA. On Sunday the White House also issued a presidential directive that mandates federal agencies for the first time to disclose publicly where they are flying drones and what they do with the data they acquire using aerial surveillance.
In December 2015 the FAA announced that all UAVs weighing more than 250 grams flown for any purpose must be registered with the FAA. The FAA's Interim Rule can be accessed here. This regulation went into effect on December 21, 2015, and requires that hobby type UAV's weighing needed to be registered no later than February 19, 2016. The FAA's registration portal for drones can be accessed here.
Notable requirements of the FAA UAV registration process include:
Effective December 21, 2015, if the UAV has never been operated in U.S. airspace (i.e. its first flight outside), eligible owners must register their UAV's prior to flight. If the UAV previously operated in U.S. airspace, it must be registered. In order to use the registration portal, you must be 13 years of age or older. If the owner is less than 13 years old, then a parent or other responsible person must do the FAA registration. Each registrant will receive a certificate of aircraft registration and a registration number and all UAV's must be marked with the assigned FAA issued registration code (a ten-character alphanumeric ID code) for the registrant. The FAA registration requires a $5 fee and is valid for 3 years, but can be renewed for an additional 3 years at the $5 rate.