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UAS Regulations, Operational Rules & Risk Management: The Part 107 Compliance Framework

UAS Regulations, Operational Rules & Risk Management: The Part 107 Compliance Framework

TL;DR — Executive Summary

Part 107 defines the national ruleset governing commercial small-UAS operations in the United States. Pilots must maintain visual line of sight, follow altitude/speed/weather limits, and comply with documentation and airspace requirements. Night flight, operations over people or moving vehicles, and BVLOS are possible only under specific conditions or approved waivers.

Remote Identification is now mandatory and broadcasts both aircraft and operator coordinates, raising privacy considerations. RPICs must maintain recurrent training, have relevant certificates and waivers available onsite, and follow structured pre-flight familiarization under §107.49 to assess weather, TFRs/NOTAMs, ground risks, and mission hazards.

Waiver Safety Explanation Guidance (WSEG) is the FAA’s framework for justifying alternative mitigations—technology, training, geo-containment, and other controls—to maintain equivalent levels of safety. Professional operators integrate maintenance, crew coordination, and documentation into their compliance workflow to minimize risk and ensure legal defensibility.

The Small Unmanned Aircraft Systems (sUAS) Rule, 14 CFR Part 107, provides the legal and procedural structure for commercial drone operations in the United States. Compliance requires the Remote Pilot in Command (RPIC) to possess an expert understanding of core operational limits, the mechanism for seeking deviations (waivers), crew management responsibilities, and a formal process for hazard identification.

I. Part 107 Core Operational Limitations and Waivers

Part 107 establishes a set of default rules for safety that define the basic operating envelope. Deviations from these rules necessitate a formal waiver application to the Federal Aviation Administration (FAA) $[1]$.

A. Operational Limits: Altitude and Speed

The FAA imposes strict limitations on sUAS performance to ensure separation from manned aircraft and reduce risks to people and property on the ground:

  • Maximum Altitude: The sUAS cannot be flown higher than 400 feet Above Ground Level (AGL) $[1, 2, 3]$.
  • Structure Exception: A critical exception permits the aircraft to be flown within a 400-foot radius laterally of a structure and up to 400 feet above the structure’s uppermost limit $[2, 3]$.
  • Waivers of $\S 107.51(\text{b})$ are required if the operation needs to exceed 400 feet AGL and cannot meet the structure exception $[1]$.
  • Speed Limit: The maximum allowable groundspeed for a small UAS is 100 miles per hour (87 knots) $[1, 3]$. Waivers of $\S 107.51(\text{a})$ are required to exceed this limit $[4]$.
  • Weather Minimums: The RPIC must maintain a minimum flight visibility of 3 statute miles (SM), as observed from the control station. Minimum cloud clearance is 500 feet below and 2,000 feet horizontal from any clouds $[1]$. Waivers of $\S 107.51(\text{c})$ and $\S 107.51(\text{d})$ are necessary to operate in less restrictive weather conditions $[4]$.

B. Visual Line-of-Sight (VLOS) and Night Operations

  • Visual Line-of-Sight (VLOS): The RPIC, or a designated Visual Observer (VO), must be able to continuously see the sUAS without the use of specialized aids (corrective lenses excluded) and clearly determine its position, altitude, attitude, and movement $[1]$.
  • Operations Beyond Visual Line-of-Sight (BVLOS) violate this rule and require a complex waiver of $\S 107.31$ $[1]$.
  • Night Operations: Under the Operations Over People rule (effective April 2021), drone pilots operating under Part 107 may routinely fly at night without obtaining a specific operational waiver, provided they meet certain requirements $[1, 5, 6]$. These requirements include completing the recurrent online training and equipping the drone with anti-collision lighting visible for at least three statute miles $[7]$. Airspace authorizations are still required for any night operations in controlled airspace under 400 feet $[1, 5, 7]$.

C. Operations Over People and Moving Vehicles

The rule governing operations over people eliminated the need for individual waivers for many operations, establishing four operational categories based on the kinetic energy profile and airworthiness of the sUAS $[1, 6]$.

A person may not operate a small UAS over a human being unless that person is directly participating in the operation, is located under a covered structure or inside a stationary vehicle that provides reasonable protection, or the operation meets the requirements of at least one of the operational categories $[3]$.

If the drone does not meet the technical standards of operational Categories 1, 2, 3, or 4, a waiver of $\S 107.39$ (Operations over human beings) or $\S 107.145$ (Operations over moving vehicles) is still required $[1]$.

II. Advanced Operational Rules and Compliance

A. Remote Identification (RID) and Registration

  • Registration: Any small UAS weighing more than $0.55$ pounds (250 grams) and being operated under Part 107 must be registered with the FAA. This registration costs $\$5$ and is valid for three years $[5]$. The drone must be marked on the exterior with the registration number $[8]$.
  • Remote ID (RID): Remote ID acts as a “digital license plate,” providing a foundation for safety and national security by helping the FAA, law enforcement, and federal agencies locate the control station when a drone is flying unsafely $[9]$. Compliance for registered operators became mandatory on March 16, 2024 $[9]$.
  • Privacy Implications: The RID rule mandates the public broadcast of the physical location of the drone itself and, critically, the physical location of the drone’s operator (control station location) $[10]$. While the operator’s personal identification data is not revealed to the general public, the disclosure of the control station location creates privacy and security concerns for commercial operators, risking the exposure of confidential business information and operational site locations $[10]$. Industry experts advocate that control station location data should be accessible only to law enforcement, security agencies, and the FAA, not the general public $[10]$.

B. Operation from Moving Vehicles

Operating a small UAS from a moving vehicle in a non-populated area is allowed under Part 107. However, flying a small UAS from a moving aircraft or a vehicle in a populated area requires a waiver of $\S 107.25$ $[1]$. This waiver is often required for linear inspections (e.g., roads, pipelines) where the RPIC must track the moving asset from an accompanying vehicle.

III. Crew Roles and Documentation Requirements

A. Crew Roles and Responsibilities

Part 107 defines specific roles to ensure flight safety, particularly when a Visual Observer (VO) is utilized to maintain VLOS:

  • Remote Pilot in Command (RPIC): The person who holds the Part 107 certificate and is ultimately responsible for the safe operation of the flight $[11]$.
  • Visual Observer (VO): If a VO is used, the RPIC must ensure the VO can see the unmanned aircraft in the manner specified in $\S 107.31$ (VLOS) $$.
  • Coordination: The RPIC, the person manipulating the flight controls (if different from the RPIC), and the VO must coordinate to do two main things:
  1. Scan the airspace for any potential collision hazards.
  2. Maintain awareness of the position of the small unmanned aircraft through direct visual observation $$.
  • Communication: If a VO is used, the RPIC, the person manipulating the flight controls, and the VO must maintain effective communication with each other at all times $$.

B. Record-Keeping and Documentation

While commercial operators often maintain flight and maintenance logs for business or insurance purposes, Part 107 itself does not explicitly mandate a flight logbook requirement $$.

However, certain documents must be kept readily accessible for presentation upon request by the FAA or law enforcement:

  • Part 107 Remote Pilot Certificate: Must be easily accessible by the RPIC during all UAS operations $[11]$.
  • Government-Issued Photo ID: Required to be carried alongside the certificate $$.
  • Recurrent Training Certificate: Proof of the recurrent online training, which must be completed every 24 calendar months, must be carried as proof of current training $[11, 12]$.
  • Waivers and Authorizations: Any approved operational waivers or airspace authorizations (e.g., LAANC) relevant to the operation must be available for inspection $$.
  • Waiver Documentation: If an operational waiver is in effect, the waiver requires the responsible person to document the training the remote pilot and visual observer have received, and that documentation must be available upon request from the FAA $$.

IV. Risk Assessment and Pre-Flight Framework

The FAA mandates a formal risk management process as a non-negotiable component of every commercial flight, ensuring safety through proactive planning.

A. The Safety Baseline and Mitigation

The foundational safety standard of Part 107 is built upon Visual Line of Sight (VLOS) flight as the primary risk mitigation $$. When operators propose operations that deviate from this baseline—such as BVLOS, high-altitude flight, or operations near manned aircraft—they must implement equivalent or superior safety measures to mitigate the increased risk $$.

B. Pre-flight Familiarization and Assessment ($\S 107.49$)

Prior to every flight, the RPIC is legally required to perform a comprehensive pre-flight familiarization, inspection, and risk assessment that considers risks to people and property both on the surface and in the air $[3]$. This assessment must specifically address:

  1. Local weather conditions $[3]$.
  2. Local airspace and any flight restrictions (including checking for TFRs/NOTAMs) $[3]$.
  3. The location of persons and property on the surface $[3]$.
  4. Other ground hazards $[3]$.

C. The Waiver Safety Explanation Guidance (WSEG) Framework

The application for an operational waiver ($\S 107.205$) acts as a comprehensive risk assessment framework. The detailed application, known as the Waiver Safety Explanation Guidance (WSEG), requires the applicant to:

  • Describe the proposed operation $[1]$.
  • Identify operational hazards and describe possible operational risks $[1]$.
  • Propose risk mitigation strategies using alternative methods such as operating limitations, additional technology (e.g., geo-fencing, termination systems), equipment, personnel, training, or restricted access areas $[1]$.

The FAA’s primary concern during waiver review is how the pilot will ensure the operation remains safe at all times, even in unusual circumstances, by providing clear, detailed, and evidence-based risk mitigation plans $[1]$. Failure to provide sufficient risk mitigation details will result in the disapproval of the waiver application $[1]$.