1.2 Part 107 Waivers

Figure 2: Navigating Deviations, Exemptions, Waivers, and Certifications

These examples illustrate that today’s regulatory oversight of UAS largely relies on an “exception to the rules” paradigm rather than a regulatory framework designed exclusively for UAS. The following sections summarize the specific regulatory process available to UAS operators and manufacturers.

1.2 Part 107 Waivers

14 CFR Part 107 contains the set of rules for operating all civil UAS systems that weigh under 55 pounds and for commercial purposes in the United States. It requires that a UAS operator obtain a Remote Pilot Certificate (RPIC) and follow a broad set of operational rules. However, UAS flown for recreation or under the rules of a community-based modeling organization (CBO) qualify to be operated under the Exception for Limited Recreational Operations of Unmanned Aircraft. 13 Under this smaller set of rules, operators are not required to obtain a RPIC nor can they operate for commercial purposes.

Part 107 provides conditions for the business, education, and public safety use of UAS. In general, the vehicle must remain in the line of sight of the operator, fly at speeds less than 100 mph, and altitudes under 400 feet. 14 There are nine specific types of operations under Part 107 that cannot be performed unless the RPIC obtains a waiver from the FAA:

Operating a UAS from a moving automobile or aircraft (Section 107.25) Flying a UAS at night (Section 107.29)