Developing a Contingency Plan
Two regulations set up everything else in this module. One gives a remote pilot real legal authority to respond to a genuine in-flight emergency. The other requires that emergencies not be handled for the first time in the moment they happen — it requires a plan, briefed before the flight even starts. This lesson covers 14 CFR 107.21 and 14 CFR 107.49(b) in full, and explains what a real, usable contingency plan actually looks like for a Part 107 operation.
What the regulation says, in full
This is the regulation that authorizes everything discussed in the rest of this module. It reads, in full:
14 CFR 107.21(b) — Each remote pilot in command who deviates from a rule under paragraph (a) of this section must, upon request of the Administrator, send a written report of that deviation to the Administrator.
Two things stand out. First, paragraph (a) grants deviation authority from any rule in Part 107 — not a limited list of specific rules, but the entire part — when an in-flight emergency genuinely requires it. Second, that authority is bounded tightly: the deviation must be "to the extent necessary to meet that emergency," not a general excuse to ignore rules that becomes convenient once a minor issue has occurred.
What counts as an "in-flight emergency requiring immediate action"
The phrase sets a real threshold. It does not cover routine inconveniences, mildly suboptimal conditions, or a pilot's preference to finish a job faster. It covers situations where something has genuinely gone wrong with the flight in a way that demands an immediate response to protect safety — a lost control link, an aircraft behaving unpredictably, a sudden loss of power, a rapidly deteriorating weather situation the pilot did not anticipate, or an unexpected hazard appearing in the aircraft's path. The regulation trusts the remote pilot in command's judgment in the moment, but that judgment is later reviewable: if the FAA asks for a report, the remote pilot must be able to explain why the situation genuinely qualified as an emergency and why the specific deviation taken was necessary to meet it.
The written report duty in 107.21(b)
107.21(b) is easy to overlook but distinct from paragraph (a): it does not require automatically filing a report every time a deviation occurs. It requires sending a written report only upon request of the Administrator (the FAA). In practice, this means a remote pilot who deviates from a rule to meet an emergency should document what happened — what the emergency was, what rule was deviated from, and why the deviation was necessary — in case the FAA later requests that report. Good contingency planning, and the recordkeeping habits from Module 10, both make this documentation far easier to produce accurately after the fact.
14 CFR 107.49(b): the preflight duty to brief contingency procedures
107.21 addresses what happens during an emergency. A separate regulation, covered previously in Module 10 but directly relevant here, addresses what must happen before one: 14 CFR 107.49(b) requires the remote pilot in command to "ensure that all persons directly participating in the small unmanned aircraft system operation are informed about operating conditions, emergency procedures, contingency procedures, roles and responsibilities of each participant, and potential hazards." This is the regulatory reason a contingency plan cannot simply live in the remote pilot's head — it must be communicated to every participant before the flight, every time, because conditions and personnel can differ from one operation to the next.
The six core elements of a contingency plan that 14 CFR 107.49(b) requires be briefed to every participant before flight.
View LargerA contingency is planned for; an emergency is responded to
A "contingency" in this context means a foreseeable non-normal situation that has been anticipated and planned for before the flight — a lost link, a low-battery condition, deteriorating weather, or an airspace conflict. A contingency plan defines, in advance, exactly what the remote pilot and any other participants will do if that situation occurs. An "emergency" under 107.21 is the moment that plan is actually executed, or the moment something occurs that the plan did not anticipate at all and now requires an improvised, immediate response using the deviation authority 107.21 grants.
- Well-planned contingency: the aircraft loses its link, executes the pre-briefed return-to-home failsafe, and lands normally — no rule was violated, so 107.21 was never even needed.
- True emergency: the failsafe behavior itself would carry the aircraft over a crowd of people, and the remote pilot must deviate from normal procedure (perhaps by intervening manually in a way not part of the original flight plan) to prevent that outcome — this is exactly the scenario 107.21 exists for.
Why the distinction matters for compliance
A well-designed contingency plan reduces how often 107.21 actually needs to be invoked, because most foreseeable non-normal situations get resolved by a pre-briefed, rule-compliant response rather than an in-the-moment deviation. This is the practical payoff of taking 107.49(b) seriously: time spent planning contingencies before a flight is time that reduces the number of situations that escalate into genuine emergencies requiring 107.21's deviation authority and its associated reporting obligation.
Worked scenario: planning before a rooftop solar inspection
You are hired to inspect a rooftop solar array using a small quadcopter, operating from a parking lot roughly 150 feet from the building. Before the flight, you and your visual observer walk the site and identify an open grass strip at the edge of the parking lot as the designated emergency landing zone, agree that the flight will abort and return if battery charge drops below 30%, and confirm hand signals for "land now" in case radio communication between you and the observer becomes difficult. None of this required invoking 107.21 — it is exactly the kind of preflight contingency planning 107.49(b) requires, and it means that if something does go wrong during the flight, the response is rehearsed rather than improvised.
| Element | What it defines | Why it matters |
|---|---|---|
| Lost-link behavior | What the aircraft will do automatically if the control link is lost | Covered fully in Lesson B; must be understood, not assumed |
| Designated emergency landing zones | Pre-identified safe areas to land in if a flight must end early | Removes the need to search for a safe spot under time pressure |
| Battery reserve threshold for abort | The charge level at which the mission is aborted and the aircraft returns | Prevents a battery emergency (Lesson E) from developing in the first place |
| Communication procedure among crew | How the remote pilot, visual observer, and any other participants communicate | Required to be briefed under 14 CFR 107.49(b) |
| Mission abort criteria | The specific conditions (weather, airspace, aircraft behavior) that trigger an abort | Converts vague judgment calls into pre-agreed, objective triggers |
Building a Preflight Contingency Plan
A practical process for satisfying 14 CFR 107.49(b) before any Part 107 operation.
Walk the site and identify emergency landing zones
Before launch, identify at least one open, unpopulated area that could serve as an emergency landing zone if the flight must end early.
Confirm and understand the aircraft's lost-link behavior
Know exactly what the aircraft will do automatically — return-to-home, hover-and-land, or continue autonomously — if the control link is lost.
Set an explicit battery reserve threshold for aborting the mission
Agree on a specific charge percentage that triggers an automatic return, rather than deciding in the moment under pressure.
Brief every participant before the flight
Cover operating conditions, emergency procedures, contingency procedures, individual roles, and potential hazards, satisfying 14 CFR 107.49(b) in full.
Agree on communication signals and roles
Confirm how the remote pilot and any visual observer or other participant will communicate, including a backup method if radio or verbal communication fails.
Know that 107.21 remains available if the plan doesn't cover what actually happens
No plan anticipates everything; if a genuine emergency arises outside the plan, 14 CFR 107.21 authorizes the deviation necessary to meet it.
| Mistake | Why it happens | Correct understanding | Regulation / source |
|---|---|---|---|
| Believing 107.21 lets a remote pilot deviate from any rule whenever convenient | The regulation's broad "any rule" language sounds unlimited | Deviation is authorized only to the extent necessary to meet a genuine in-flight emergency requiring immediate action, not general convenience. | 14 CFR 107.21(a) |
| Assuming a written report must be filed automatically after every deviation | Confusing the existence of deviation authority with an automatic reporting requirement | A written report is required only upon request of the Administrator, not automatically after every deviation. | 14 CFR 107.21(b) |
| Treating contingency planning as optional if the remote pilot is experienced | Experience feels like a substitute for explicit planning | 107.49(b) requires briefing contingency procedures before every flight, regardless of the remote pilot's experience level. | 14 CFR 107.49(b) |
| Confusing a well-executed lost-link failsafe with an "emergency" requiring 107.21 | Both involve something going wrong with the flight | A failsafe that resolves the situation without violating any rule does not require invoking 107.21 at all. | 14 CFR 107.21(a) |
Does 14 CFR 107.21 require filing a report every time a deviation occurs?
No. A written report is required only if the FAA (the Administrator) requests one after the fact. It is not an automatic filing requirement triggered by every deviation.
Does 107.49(b) require a written contingency plan document?
The regulation requires that participants be informed about contingency procedures; it does not specify a written document format. A written plan is strongly recommended as good practice for consistency and clarity, but the legal requirement is the briefing itself.
If my aircraft's lost-link failsafe works exactly as designed, have I used my 107.21 deviation authority?
No. If the failsafe resolves the situation without requiring any deviation from a Part 107 rule, 107.21 was never invoked. 107.21 applies specifically when a deviation from a rule becomes necessary to meet the emergency.
Test Your Knowledge
Answer the questions below to check your understanding. Every answer can be found in the lesson above.