Learning Objectives

At the end of this lesson, you will be able to:

• Identify which flights require a Remote Pilot Certificate and which do not.
• List the nine qualifying criteria for the Exception for Limited Recreational Operations of Small Unmanned Aircraft

Recreational vs Non-Recreational Drone Use

To understand drone regulations, it is essential to recognize that different sets of rules apply depending on the purpose of the flight. Each operation will fall under one of four categories:

1. Recreational
2. Educational
3. Public Operations (such as law enforcement)
4. All Other (Commercial)

Most aspiring commercial pilots fall into the “everything else” category. However, it is helpful to review the distinctions among these groups.

Recreational Operations

If an individual is flying solely for enjoyment, the applicable rule is found in 49 U.S. Code § 44809, commonly known as the “Exception for Limited Recreational Operations of Unmanned Aircraft.” Recreational operations face fewer regulatory requirements. Historically, hobbyists have safely flown radio-controlled aircraft for nearly a century without significant oversight. Recreational flights tend to be lower risk, and there are fewer of them compared to commercial operations.

By contrast, Federal Aviation Regulation (FAR) Part 107 governs commercial drone operations. Pilots who use drones for any purpose beyond pure recreation—such as real estate photography, roof inspections, or imagery for a school’s website—fall under this category. Compensation is not the determining factor; rather, it is the purpose of the operation. Even activities conducted without payment can be considered commercial if they are not purely for personal enjoyment. For example, taking photos for your own business website, surveying your own farm, or volunteering to survey coastlines for a nonprofit are all non-recreational uses. In short, any operation not conducted purely for hobby or recreation requires a Remote Pilot Certificate under Part 107.

Criteria for Recreational Exception

Congress has established nine criteria that must be met to qualify for the recreational exception under § 44809, and all nine must be satisfied:

1. Purpose: The aircraft must be operated strictly for hobby or recreational use. This criterion alone excludes any business-related operations.
2. Visual Line of Sight: The aircraft must remain within the visual line of sight of the operator or a visual observer in direct communication with the operator.
3. Right-of-Way: The aircraft must not interfere with and must yield right-of-way to all manned aircraft.
4. Altitude Limit in Uncontrolled Airspace: Operations in uncontrolled airspace are limited to a maximum altitude of 400 feet above ground level.
5. Controlled Airspace Authorization: In controlled airspace, recreational flyers must have prior FAA authorization or operate from a pre-approved fixed flying site, such as a model airplane club field.
6. Airspace Restrictions: Recreational flyers must comply with all published airspace restrictions. For example, they may not fly over stadiums during major sporting events.
7. Basic Aeronautical Knowledge Test: Recreational operators must pass an online aeronautical knowledge test. Although less rigorous than the commercial pilot exam, this ensures that even hobbyists understand basic flight restrictions and responsibilities.
8. Aircraft Registration and Marking: The aircraft must be registered and properly marked with the registration number.
9. Community-Based Safety Guidelines: The operation must comply with community-based safety standards set by a nationwide community-based organization, such as the Academy of Model Aeronautics (AMA).

These guidelines allow recreational flyers to remain largely free from direct FAA oversight, as long as they adhere to these established community standards. In contrast, commercial operators must follow the FAR Part 107 regulations.

Educational and Public Operations

Educational Operations: Flying in educational institutions can be more complex. Generally, colleges, universities, and K-12 schools may operate under the recreational exception. More guidance on this topic is available in Advisory Circular (AC) 91-57C..

K-12 schools were added to this list with the 2024 FAA Reauthorization Act.  There’s often a lag between regulatory updates and Advisory Circular updates.  As of this printing, AC 91-57C still refers to the old K-12 rules (which used to require a Part 107 license) even though the law has been updated.

Public Operations: Public agencies, such as police or fire departments, have two options:

• Operate under Part 107, similar to commercial users.
• Apply for a Certificate of Authorization (COA) from the FAA, which may offer more flexibility but is more complex to obtain than Part 107 certification.

Local Regulations and Property Considerations

In addition to federal regulations and AMA guidelines, pilots must be aware of state and local ordinances. Some parks, state lands, and national parks prohibit drone flights. While the FAA regulates airspace at the federal level, local rules may restrict takeoff and landing locations.

Legally, airspace is federally controlled, and property owners cannot close the airspace above their land. This means drones may legally fly over private property at any altitude. Nonetheless, privacy concerns and potential legal actions related to invasions of privacy are separate considerations. Pilots are advised to exercise common sense, maintain respect for privacy, and ensure compliance with all relevant regulations.

Importantly, the FAA examination focuses solely on federal rules. Local drone laws and privacy issues, while critical in practice, are not tested on the FAA knowledge exam.

Examples of Recreational vs Non-Recreational Use

Example 1: Purely Recreational Flight

• Activity: A hobbyist flies a small drone at a local park, capturing scenic videos of birds and trees for personal enjoyment.
• Is Part 107 required? No.
• Why? The flight is purely for recreation, meets the criteria under 49 U.S.C. § 44809, and involves no commercial intent, compensation, or other non-hobby purposes.

Example 2: Commercial Real Estate Photography

• Activity: A real estate agent uses a drone to take aerial photographs of a home for a property listing.
• Is Part 107 required? Yes.
• Why? The drone operations are conducted to support a business goal (marketing the property), which makes the flight non-recreational. It falls under Part 107 rules, regardless of whether payment is directly involved.

Example 3: Nonprofit Shoreline Survey

• Activity: A volunteer uses a drone to document coastal erosion for a nonprofit environmental organization.
• Is Part 107 required? Yes.
• Why? Even though no money changes hands, the flight is conducted to benefit an organization’s objectives rather than for personal enjoyment. This classifies it as non-recreational, requiring a Part 107 certificate.

Example 4: College Research Project

• Activity: A university student flies a drone to collect data for a personal research project on local plant species distribution, without any commercial or institutional mandate.
• Is Part 107 required? Potentially no, if it meets all the criteria of recreational flying.
• Why? Certain college-level educational activities can be considered recreational if they are carried out purely for personal learning and enjoyment, without commercial or institutional benefit. If the flight aligns with the recreational criteria under § 44809, no Part 107 license is needed. However, if the flight supports a larger sponsored research project or institutional goal, then a Part 107 certificate would be required.

Example 5: Assessing Crop Damage

• Activity: Flying a drone over your farm to take aerial photographs of your fields. These images are analyzed to assess crop damage and guide decisions on fertilizer application, irrigation adjustments, or future planting strategies.
• Is Part 107 required? Yes.
• Why? Even though you own the farm and are not selling the photos, the flight directly supports agricultural management and business operations. This practical, non-recreational purpose classifies the flight under Part 107 regulations.

Example 6: Personal Photograph for a Birthday Card

• Activity: Flying a drone over your farm to capture a beautiful aerial landscape image, which you then print on a birthday card and mail to a friend.
• Is Part 107 required? No.

Why? The purpose is purely personal and recreational. There is no commercial or operational intent—just the enjoyment of taking a photograph for a personal gift. This meets the criteria for the recreational exception.

Resources and Links

• Academy of Model Aeronautics
• AMA Safety Code