Transportation of Hazardous Materials
14 CFR 107.36 is one of the shortest and most absolute rules in all of Part 107 ? a flat, two-sentence prohibition with no built-in exception. This lesson covers exactly what it prohibits, how "hazardous material" is legally defined, and how this rule differs meaningfully from the drug-carriage rule covered in the previous lesson.
The rule itself
14 CFR 107.36 is remarkably simple: a small unmanned aircraft may not carry hazardous material, full stop. Unlike many other Part 107 rules that specify conditions, exceptions, or numeric thresholds, this one is an unconditional prohibition ? there is no built-in carve-out for special authorization, government use, or any other circumstance written into the rule's own text.
What "hazardous material" legally means
The rule doesn't leave "hazardous" to a pilot's personal judgment ? it points to a specific, objective legal definition in 49 CFR 171.8, part of the Department of Transportation's Hazardous Materials Regulations that apply across all transportation modes (not just aviation). That definition covers the standard DOT hazard classes: explosives, gases (flammable, non-flammable, and toxic), flammable and combustible liquids, flammable solids, oxidizers and organic peroxides, toxic and infectious substances, radioactive material, corrosives, and other miscellaneous dangerous goods. Whether a specific substance qualifies is a matter of that formal classification system, not a subjective judgment call made on the day of the flight.
How this differs from the drug-carriage rule
The previous lesson covered 91.19, which prohibits knowingly carrying certain drugs unless the carriage is authorized by federal or state statute or agency ? meaning 91.19 has a built-in exception path for lawful, authorized carriage. 107.36 is written more narrowly and absolutely: it does not include comparable "unless authorized" language in its own text. Test-takers should not assume the two rules work identically just because they appear near each other in this module ? 107.36's hazardous-material prohibition is the stricter, unconditional one of the two.
Real-world scenario: an agricultural chemical delivery request
A client asks a Part 107 operator to fly a sample container of an industrial cleaning chemical from one warehouse building to another on the same property. Before accepting, the operator checks whether that specific chemical is classified as a hazardous material under 49 CFR 171.8's hazard classes ? many industrial chemicals, including some common cleaning agents, are classified as corrosive or otherwise hazardous. If the substance falls under that classification, 107.36 prohibits the flight entirely, regardless of the short distance or the client's assurance that "it's basically harmless." The same logic applies to agricultural operators using spray-equipped drones (Lesson L) ? the specific product being sprayed must be checked against the hazardous-material classification before assuming it can be carried aboard a small UAS.
| Element | 107.36 (hazardous material) | 91.19 (drugs, via 107.27) | Regulation |
|---|---|---|---|
| Basic rule | No carriage of hazardous material | No knowing carriage of certain drugs | 107.36; 91.19 |
| Built-in exception | None stated | Yes ? federal/state statute or agency authorization | 107.36; 91.19 |
| Definition source | 49 CFR 171.8 | Federal/State drug statutes | 107.36; 91.19 |
| Applies to | The aircraft's cargo generally | Whoever operates the aircraft | 107.36; 91.19 |
| Mistake | Why it happens | Correct understanding | Regulation / source |
|---|---|---|---|
| "Whether something is hazardous is up to the pilot's judgment." | Assuming subjective assessment governs, like it does for 107.23's careless/reckless standard | "Hazardous material" is an objective legal classification defined in 49 CFR 171.8, not a subjective call. | 14 CFR 107.36 |
| "107.36 has the same 'unless authorized' exception as the drug rule." | Assuming nearby rules in the same module share the same structure | 107.36 states no comparable exception ? it is an unconditional prohibition. | 14 CFR 107.36 |
| "Small quantities of a hazardous substance are automatically fine." | Assuming a de minimis exception exists | The rule's plain text does not include a quantity-based exception ? classification, not amount, is what 107.36 addresses. | 14 CFR 107.36 |
Who decides whether a substance counts as "hazardous material" under 107.36?
The classification comes from 49 CFR 171.8, the Department of Transportation's Hazardous Materials Regulations definition ? not the pilot's personal judgment about how dangerous something seems.
Are there any exceptions to 107.36?
None are stated in the rule's own text. Unlike 91.19's drug-carriage rule, 107.36 does not include an "unless authorized" exception.
Does this rule apply to agricultural spray substances?
If the specific substance being sprayed is classified as hazardous material under 49 CFR 171.8, 107.36 prohibits carrying it aboard a small UAS. Operators should check the classification of their specific product before assuming it's exempt.
Test Your Knowledge
Answer the questions below to check your understanding. Every answer can be found in the lesson above.