Drone laws in the US: What you need to know before taking flight

Drones are becoming increasingly popular in hobbyist and commercial circles, used in everything from photography and videography to agricultural monitoring and search and rescue. If you’re eager to hit the skies, it’s important you brush up on the federal, state and local drone laws in the U.S., since flying a drone without following the rules can lead to hefty fines or even legal action.

Similar to owning a vehicle, responsible drone ownership means obtaining a license, registering your drone and adhering to flight restrictions and no-fly zones. Here’s everything you need to know about flying a drone in the U.S.

In a nutshell

• To fly a drone for recreational purposes, you must complete The Recreational UAS Safety Test (TRUST) and carry proof of completion.
• Commercial pilots must obtain a Remote Pilot Certificate (Part 107 license) from the Federal Aviation Administration (FAA).
• Drones 55 pounds or under can be flown for work or business by following the Part 107 guidelines.

FAA rules and drone laws in the U.S.

The FAA has established a set of general rules and regulations for operating drones, also known as Unmanned Aircraft Systems (UAS). However, the rules are slightly different depending on if you’re flying for recreational or commercial purposes. According to the FAA, a recreational flight is “purely for fun or personal enjoyment.”

Follow these guidelines for recreational use:

• Register any drone that weighs more than 0.55 pounds (250 grams) and mark the drone with the registration number.
• Carry proof of registration with you when flying.
• Fly at or below 400 feet in uncontrolled airspace.
• Keep your drone within sight of you or an observer.
• Don’t fly near other aircraft and stay away from airports.
• Fly at or below FAA-authorized altitudes in controlled airspace only with prior FAA authorization.
• You must pass TRUST and carry proof of test passage when flying.
• Don’t fly over groups of people, including at stadiums and sporting events.
• Don’t fly under the influence.

For commercial use, you must fly under the FAA’s Part 107 rules:

• Obtain a Remote Pilot Certificate
• Fly at or below 400 feet unless within 400 feet of a structure.
• Keep your drone within sight of you or an observer.
• Must not exceed 100 miles per hour.
• Don’t fly near other aircraft and stay away from airports.
• Must not fly over people unless they are directly participating in the operation.
• Must not operate a drone from a moving vehicle unless over a sparsely populated area.
• Fly only during daylight hours unless the drone is equipped with anti-collision lighting.

How do I register my drone with the FAA?

All drones must be registered at the FAADroneZone website, unless you are flying for limited recreational operations and the drone is under 0.55 pounds. First, create an account using your contact information. Once your account is set up, you’ll see an option to “Register a Drone.” Here, you can choose to either “Fly Under the Exception for Recreational Flyers” for recreational use or “Fly Under Part 107” for commercial use.

Fill in the required details and pay the small registration fee. You will receive a unique registration number that must be marked on your drone. After registering, it’s essential to have proof of registration with you whenever you fly. This proof is necessary to comply with regulations and to present to authorities if requested.

Is the FAA drone test hard?

It depends on which test you’re taking. For recreational use, you need to pass The Recreational UAS Safety Test (TRUST). The test is free and available through a number of FAA-approved administrators. The good news is all the questions are 100% correctable prior to submission. In other words, it’s impossible to fail.

For commercial use, you’ll need to pass the FAA Part 107 drone test with a score of 70% or higher. This test is more challenging and covers a range of topics, including airspace classifications, weather effects, FAA regulations and safety procedures. You can find everything you need through the FAA’s website. Applicants are encouraged to review the Airman Certification Standards (ACS) for Unmanned Aircraft Systems, the Remote Pilot Study Guide and the online sample questions before taking the knowledge test.

What is a Remote ID?

According to the FAA, a Remote ID “is the ability of a drone to provide identification and location information that can be received by other parties through a broadcast signal.” The purpose of a Remote ID is to establish the essential safety and security framework for advanced drone operations, especially as more drones take to the sky. It also enables the FAA, law enforcement and other federal agencies to identify the location or device where the drone is being operated or controlled. This is crucial in situations when a drone is flying unsafely or in restricted areas.

There are two main types of Remote ID for drones. The first type, Standard Remote ID, requires the drone to broadcast identification and location information directly from the aircraft. Most newly manufactured consumer drones come equipped with Standard Remote ID integrated into the drone’s design. The second type is a Broadcast Module, an add-on device that can be attached to drones lacking built-in Standard Remote ID capabilities. This module also broadcasts identification and location information, similar to Standard Remote ID.

It’s possible to fly a drone without a Remote ID. However, they must be flown within an FAA-Recognized Identification Area (FRIA). Any drone without Remote ID that’s flown within the FRIA must be within the operator’s line of sight.

How do I fly a drone?

Like operating a vehicle, learning how to fly a drone involves several steps to ensure a safe experience. After registering your drone and reviewing the relevant regulations, pick a day with clear weather and choose an open location away from people, buildings and other obstacles. To operate your drone, turn on your controller first, then the drone. Once you have a strong connection between the two, you’re ready to take off.

Flying the drones is a bit like playing a video game. While controls on the best drones can vary, the left stick generally manages throttle and yaw (lifting, landing and rotating), and the right stick handles pitch and roll (moving forward, backward and sideways). Before attempting fancy maneuvers, practice at low altitudes to become familiar with the controls. This will help you gain confidence before flying higher and longer.

Landing is just as important as taking off. Always choose a clear area for landing and descend slowly for a safe touchdown. Conveniently, some drones have a “Return to Home” (RTH) feature that enables them to fly to a predefined home location. Some models have an automatic RTH feature that can activate when the drone is low on battery or it loses connection with the controller. You can also manually activate the feature, prompting the drone to return to your location.

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Navigating the rules and regulations of federal, state and local drone laws can feel like flying through a fog. However, having a clear understanding of these guidelines, registering your drone and following the rules is an essential part of drone ownership. By staying informed, you can avoid legal turbulence and explore the skies without worry.

Frequently asked questions (FAQs)

Do you need a license to fly a drone in the US?

While general rules apply for flying a drone, you don’t need a Federal Aviation Administration (FAA) license for recreational use. However, if your drone weighs more than 0.55 pounds, you must still register it with the FAA. Many popular models, such as those from DJI, exceed this weight, so registration is often necessary. Additionally, the FAA requires you to pass the TRUST test before flying. Recreational users must carry proof of passing this test or face penalties, including warnings or fines.

A license from the FAA is required for commercial purposes such as capturing images or videos for real estate, agricultural monitoring, search and rescue and surveillance at events. To receive your license, you must be at least 16 years old and pass the FAA’s knowledge and safety test through an FAA-approved online test administrator, which includes sites like Boys Scouts of America and the Academy of Model Aeronautics.

Once you pass the test, you can apply for the Remote Pilot Certificate (also known as a Part 107 license). If you pass a background check, you will receive a license by mail. You must complete the same training every 24 months while maintaining a drone registration, which costs $5 and is valid for three years.

Can I fly my drone around my neighborhood?

In general, you should be able to fly around your neighborhood, including over homes. However, it’s important you check both FAA and local guidelines specific to your area before flying. The FAA’s B4UFLY (Before You Fly) service indicates where recreational flyers can and cannot fly drones. Four FAA-approved companies offer B4UFLY services through desktop and mobile applications, allowing you to easily check for flying restrictions in your neighborhood.

For example, if your neighborhood is designated as “controlled airspace,” you’re required to get an airspace authorization from the FAA. Some areas prohibit any drone operations due to restricted airspace. It varies from neighborhood to neighborhood, so it’s always best to check before you fly.

Can I fly a drone over private property in the U.S.?

In some instances you can, but that doesn’t mean you should. Similar to the answer above, you’ll need to navigate a mix of federal, state and local laws before flying. While it may be legal to fly over some private property, local laws may prohibit you from encroaching on places where someone might have a reasonable expectation of privacy. You should familiarize yourself with state and local laws if you’re unsure.

If you’re allowed to fly over private property in your area, it’s recommended that you get permission from the owner first. Getting consent from a property owner will help maintain a healthy relationship, avoid potential legal issues and ensure that you respect their privacy and rights. Ask yourself how you’d react if you saw a drone flying over your property.

In what states are drones illegal?

No states have an outright ban on the use of drones. However, a nationwide ban on Da Jiang Innovations (DJI) drones may be implemented in the future due to national security concerns. It’s important to remember that federal, state and local regulations vary, so it’s wise to review them before you fly. While most places have rules around drones, many will allow you to fly in certain areas with a permit.

What size drone can I fly without a license?

Drones that weigh less than 0.55 pounds (250 grams) don’t require registration or a license for recreational use. These drones are generally considered toys and are subject to fewer regulations. However, for commercial use, a Part 107 license is required regardless of the drone’s weight.

Does the FAA know when I fly my drone?

Without a Remote ID or registration, the FAA may not have real-time tracking capabilities for individual flights, especially if you’re in noncontrolled airspace. Still, it’s risky to go this route. Operating a drone without complying with federal and local regulations can lead to significant penalties, including fines, confiscation of your drone and potential jail time. If an incident occurs, it’s possible for authorities to investigate and trace the drone back to you.

With Remote ID, the FAA will automatically be able to track your drone’s location and identification details in real time. Drones with Remote ID will also broadcast information that includes your drone’s ID, location, altitude, velocity, time mark, emergency status and where the control station is located. As we said, this system is designed to enhance the safety and accountability of drone operations.