What Is Part 107 and Who Needs a Remote Pilot Certificate
14 CFR Part 107 is the federal regulation that governs almost all civilian drone flying in the United States that isn't purely for fun. If you plan to fly a drone as part of a job, a business, or any activity where you receive something of value in return, Part 107 is very likely the rulebook you must operate under ? and holding an FAA Remote Pilot Certificate is the entry ticket. This lesson explains exactly what Part 107 is, why it exists, and ? critically, since this is one of the most commonly misunderstood points among new pilots ? precisely who is legally required to hold a Remote Pilot Certificate and who is not.
What 14 CFR Part 107 is
14 CFR Part 107 is Title 14 (Aeronautics and Space), Chapter I, of the Code of Federal Regulations, Part 107 ? "Small Unmanned Aircraft Systems." It is a full federal aviation regulation, carrying the same legal weight as the regulations that govern manned aircraft, and it was created specifically to open the National Airspace System to routine civil (non-hobby, non-government) drone operations without requiring a case-by-case exemption for every flight.
Part 107 defines what a small unmanned aircraft system (sUAS) is, who may operate one, what certificate a remote pilot must hold, and the operating rules that apply ? altitude limits, airspace requirements, visual line of sight, and more (covered in depth starting in Module 2). This module focuses specifically on the certification half of Part 107: Subpart C, "Remote Pilot Certification," 14 CFR 107.52 through 107.79.
What counts as a "small unmanned aircraft system" (sUAS)
An sUAS is defined as an unmanned aircraft weighing less than 55 pounds (25 kg) on takeoff, including everything attached to it at launch ? the airframe, battery, camera, gimbal, and any payload ? together with its associated elements (control station, communications link, and so on) needed for the person on the ground to operate it safely. This is the aircraft category almost every commercial drone on the market falls into. Consumer and prosumer drones used for photography, inspection, mapping, and similar work are virtually always under 55 pounds.
If a drone weighs 55 pounds or more, it falls outside the standard Part 107 sUAS framework entirely and instead requires a much more involved certification pathway (a Section 44807 exemption or a type-certificated aircraft process) that is well beyond the scope of the standard Remote Pilot Certificate and this course.
Who must hold a Remote Pilot Certificate
The dividing line is not the drone, the location, or even the pilot's skill level ? it is the purpose of the flight. Under Part 107, you must hold a Remote Pilot Certificate with an sUAS rating if you operate an sUAS:
- For compensation or hire: Any flight done in furtherance of a business, or where you or your employer receives payment, sponsorship, or other consideration connected to the flight ? real estate photography, roof inspections, agricultural mapping, film production, search-and-rescue support contracted by an agency, and so on.
- As part of a business, even without a direct fee: For example, using a drone to photograph your own company's construction progress for internal use is still a Part 107 operation, because it's in furtherance of a business activity, even though no client paid for that specific flight.
- For most government and public-safety missions: Many public agencies (police and fire departments, public universities) choose to operate under Part 107 rather than the separate Certificate of Waiver or Authorization (COA) process; where they do, their pilots need Remote Pilot Certificates.
A remote pilot certificate does not expire on its own the way it might for other professions, but it does carry an ongoing recency requirement ? covered fully in Lesson H of this module ? and specific privileges and limitations covered in Lesson I.
Who does NOT need a Part 107 certificate: the recreational exception
Not every drone flight in the United States falls under Part 107. Congress created a separate legal pathway for purely recreational flying, codified at 49 U.S.C. ? 44809, "Exception for Limited Recreational Operations of Unmanned Aircraft" (this replaced an earlier version of the recreational exception, formerly Section 336, and the rules were updated again in 2021 ? see Lesson B for that history). A flight qualifies under this exception only if it is flown strictly for personal enjoyment, with no compensation of any kind connected to it, in accordance with the safety guidelines of an FAA-recognized Community-Based Organization (CBO), and the pilot has passed The Recreational UAS Safety Test (TRUST) ? a free, no-minimum-score aeronautical knowledge and safety awareness test.
Recreational flyers under 49 U.S.C. ? 44809 still must register any aircraft weighing more than 0.55 lb (250 g), still must obtain airspace authorization before flying in controlled airspace (through the same LAANC and DroneZone systems covered in Module 3), still must comply with Remote ID requirements (Module 12), and still must yield right-of-way to other aircraft. What they do NOT need is a Remote Pilot Certificate or a Part 107 Knowledge Test ? TRUST is a much shorter, free, self-certifying test with no proctor and no failing grade.
The most common real-world confusion: the same physical drone can be flown legally by the same person under either framework, depending entirely on the purpose of that specific flight. A person who flies their DJI drone recreationally on weekends but is then hired to photograph a friend's wedding for pay has crossed from the 44809 recreational exception into Part 107 territory for that wedding flight, and must hold a Remote Pilot Certificate to legally accept payment for it ? even though nothing about the aircraft itself changed.
Real-world scenario: the same pilot, two different rulebooks
Consider Maria, who owns a 2-pound consumer quadcopter. On Saturday she flies it in a local park purely to practice and enjoy the hobby ? no one pays her, and she is not promoting a business. That flight is legal under the 49 U.S.C. ? 44809 recreational exception, provided she has passed TRUST, registered the aircraft, and follows her CBO's safety guidelines.
On Sunday, a neighbor asks Maria to fly the same drone over their house to get aerial photos for a real estate listing, and offers her $75 for the job. The moment compensation and a business purpose enter the picture, that Sunday flight is a Part 107 operation. Maria cannot legally accept the $75 and make that flight unless she holds a Remote Pilot Certificate with an sUAS rating. The aircraft, the airspace, and the pilot's skill are identical between the two flights ? only the purpose changed, and that purpose is what determines which federal rule applies.
Whether you need a Remote Pilot Certificate depends on the purpose of the flight, not the drone or the pilot.
View Larger| Requirement | Part 107 (Commercial/Business) | 49 U.S.C. ? 44809 (Recreational) | Notes |
|---|---|---|---|
| Governing framework | 14 CFR Part 107 | 49 U.S.C. ? 44809 | Two entirely separate legal bases |
| Certificate/test required | Remote Pilot Certificate (pass Knowledge Test) | TRUST only (free, no failing score) | Covered in Lessons C-G of this module |
| Compensation allowed | Yes | No ? strictly personal enjoyment only | Compensation is the key dividing line |
| Registration (if >0.55 lb / 250 g) | Required (Part 48) | Required (Part 48) | Identical requirement both ways ? see Module 2 |
| Airspace authorization | Required in controlled airspace | Required in controlled airspace | Same LAANC/DroneZone systems ? see Module 3 |
| Remote ID | Required | Required | See Module 12 |
| Safety guideline source | 14 CFR Part 107 operating rules directly | FAA-recognized Community-Based Organization (CBO) guidelines | CBO example: Academy of Model Aeronautics |
| Mistake | Why it happens | Correct understanding | Regulation / source |
|---|---|---|---|
| "I only need a certificate if my drone is heavy or expensive." | Confusing aircraft characteristics with legal classification | The requirement is based on the purpose of the flight (compensation/business), not the drone's size, cost, or capability. | 14 CFR 107.1 |
| "I have a private pilot certificate for airplanes, so I'm automatically covered to fly drones commercially." | Assuming certificates transfer across aircraft categories | A Part 61 certificate lets you use a streamlined training pathway (Lessons C and D) but you must still complete the process and hold a Remote Pilot Certificate with an sUAS rating. | 14 CFR 107.61, 107.73, 107.74 |
| "If I don't charge money, it's automatically recreational." | Assuming "no direct fee" means "not commercial" | Flying in furtherance of any business purpose ? even unpaid, even your own business ? is a Part 107 operation, not a recreational one. | 14 CFR 107.1; 49 U.S.C. ? 44809 |
| "Drones over 55 lb just need a bigger version of the same certificate." | Assuming Part 107 scales up for any drone size | sUAS over 55 lb fall outside Part 107 entirely and require a separate exemption or certification pathway. | 14 CFR 107.1(b) |
Can I use my recreational TRUST certificate for commercial work?
No. TRUST only satisfies the knowledge-test requirement of the recreational exception under 49 U.S.C. ? 44809. It has no legal standing under Part 107. To fly for compensation or business purposes you must separately earn a Remote Pilot Certificate with an sUAS rating by passing the FAA Knowledge Test described in Lessons D through G of this module.
Do I need a manned-aircraft pilot's license (like a Private Pilot Certificate) to fly drones commercially?
No ? this is one of the most persistent myths about drone regulation. Part 107 created a dedicated, standalone Remote Pilot Certificate that requires no prior manned-aircraft experience at all. If you already hold a Part 61 pilot certificate, you get a streamlined path to the Remote Pilot Certificate (an online training course instead of the full knowledge test ? see Lessons C and D), but it is not a requirement to start from scratch.
If a friend gives me gas money to fly them somewhere for photos, does that count as compensation?
The FAA and courts have interpreted "compensation" broadly ? it includes any benefit received in connection with the operation, not just cash payment for the flight itself. Reimbursement tied to a flight performed to help someone's business or project should be treated as compensation, meaning Part 107 applies. When in doubt, treat any flight connected to someone else's benefit or a business purpose as a Part 107 operation.
Does Part 107 apply to government agencies like police departments?
Public agencies have a choice: they can operate their drones under Part 107 (in which case their pilots need Remote Pilot Certificates, exactly like any commercial operator) or under a separate Certificate of Waiver or Authorization (COA) issued directly to the agency. Many public-safety agencies choose Part 107 specifically because of its flexibility and the lack of a lengthy COA application process.
Test Your Knowledge
Answer the questions below to check your understanding. Every answer can be found in the lesson above.