The Regulatory Framework
Lesson 1 answered which rulebook applies. This lesson answers what's actually in it — and, just as important, what carries the force of law versus what is only guidance. By the end you'll be able to read a regulation citation, navigate 14 CFR Part 107 by subpart, and know exactly where AC 107-2A fits into the picture.
The Chain of Authority
Drone regulation isn't one document. It's a chain, and each link has a different legal weight. Understanding that weight is what separates a pilot who memorizes rules from one who can defend a decision after the flight.
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TIER 1 — STATUTE
United States Code (49 U.S.C.)
Law passed by Congress. It gives the FAA its authority over the National Airspace System and establishes exceptions such as §44809 for recreational flyers. Binding.
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TIER 2 — REGULATION
Code of Federal Regulations (14 CFR)
The rules the FAA writes to carry out that statute. Part 107 lives here. Violating a CFR section is a violation of federal law. Binding.
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TIER 3 — GUIDANCE
Advisory Circulars (AC 107-2A)
The FAA's explanation of how to comply — acceptable methods, examples, recommended practices. Not binding, but it shows you what the FAA considers acceptable.
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TIER 4 — SUPPORTING
Orders, InFO/SAFO bulletins, manufacturer manuals, CBO guidelines
Internal FAA procedures, safety alerts, and operational material. Useful and sometimes required by reference, but not the regulation itself.
Regulations say "must" and "may not." Advisory Circulars say "should" and "recommended." If the exam question hinges on a requirement, the answer lives in the CFR — not the AC.
Decoding a Regulation Citation
Every requirement you'll be tested on has an address. Learn to read it once and the entire CFR opens up.
Statutory citations read differently: 49 U.S.C. §44809 is Title 49 of the U.S. Code, Section 44809. Advisory Circulars use a subject-based number — AC 107-2A is the second AC written for Part 107, revision A.
The Five Subparts
Part 107 is organized into five subparts. Knowing which subpart a topic belongs to makes the whole rule navigable — and makes scenario questions much faster to answer.
General
§§ 107.1 – 107.9
- 107.1 — Applicability: civil small UAS under 55 lbs. total weight at takeoff, including everything on board or attached
- 107.3 — Definitions: control station, small UA, sUAS, visual observer, corrective lenses
- 107.5 — Falsification, reproduction, or alteration of any application, record, or report
- 107.7 — You must present your certificate, registration, and remote ID evidence on request from the FAA, NTSB, TSA, or law enforcement
- 107.9 — Accident reporting
Operating Rules
§§ 107.11 – 107.51
- The largest subpart and the heaviest on the exam
- Covers pilot responsibility, registration, aircraft condition, medical fitness, hazardous operation, night flight, visual line of sight, right of way, airspace authorization, preflight, and operating limitations
- If a question describes a flight in progress, the answer is almost always in Subpart B
Remote Pilot Certification
§§ 107.53 – 107.79
- 107.57 / 107.59 — Offenses involving alcohol or drugs; refusing a test
- 107.61 — Eligibility: 16 years old, English proficient, physically and mentally fit, passes the knowledge test
- 107.65 — Aeronautical knowledge recency: every 24 calendar months
- 107.71 / 107.73 / 107.74 — Retesting, knowledge tests, and training
- 107.77 / 107.79 — Change of name or address; voluntary surrender
Operations Over People
§§ 107.100 – 107.145
- Added in 2021; establishes four eligibility categories for flight over human beings and over moving vehicles
- Eligibility depends on the aircraft — its weight, injury potential, exposed rotating parts, and in some cases a declaration of compliance or design approval
- Category 1–4 details are covered in a later lesson; for now, know that "over people" is its own subpart
Waivers
§§ 107.200 – 107.205
- 107.200 — The FAA may issue a Certificate of Waiver if the proposed operation can be conducted safely under the terms of that certificate
- 107.205 — Lists exactly which sections are waivable. Anything not on that list cannot be waived, no matter how strong the safety case
The Operating Rules You Will Be Tested On
| Section | Subject | What it requires |
|---|---|---|
| 107.12 | Certificate required | No person may manipulate the controls unless they hold a remote pilot certificate or are directly supervised by someone who does and who can immediately take control |
| 107.13 | Registration | The aircraft must be registered before operation |
| 107.15 | Condition for safe operation | No flight unless the aircraft is in a condition for safe operation; the remote PIC must check it before every flight |
| 107.17 | Medical condition | No flight if you know or have reason to know of a physical or mental condition that would interfere with safe operation |
| 107.19 | Remote PIC responsibility | The remote PIC is directly responsible for, and the final authority over, the operation |
| 107.21 | In-flight emergency | You may deviate from any rule to the extent necessary to meet an emergency; a written report may be required on request |
| 107.23 | Hazardous operation | No careless or reckless operation, and no allowing an object to be dropped in a way that creates undue hazard |
| 107.25 | Moving vehicles | No operation from a moving vehicle or aircraft, except over a sparsely populated area (and never from a moving aircraft) |
| 107.27 | Alcohol and drugs | Applies 14 CFR 91.17 and 91.19 — 8 hours bottle-to-throttle, under 0.04 BAC, no flying while impaired |
| 107.29 | Night operations | Permitted if the remote PIC has completed updated training or testing and the aircraft has anti-collision lighting visible for 3 statute miles |
| 107.31 | Visual line of sight | The remote PIC, person manipulating the controls, or visual observer must be able to see the aircraft unaided throughout the flight |
| 107.33 | Visual observer | If a VO is used, the crew must maintain effective communication and the VO must be able to see the aircraft |
| 107.35 | Multiple aircraft | One person may not operate or act as remote PIC for more than one aircraft at a time |
| 107.36 | Hazardous materials | No carriage of hazardous materials — and this section cannot be waived |
| 107.37 | Right of way | Yield to all other aircraft; never operate so close to another aircraft as to create a collision hazard |
| 107.39 | Operation over people | Prohibited unless the operation meets one of the Subpart D categories or the people are directly participating or under a covered structure or stationary vehicle |
| 107.41 | Controlled airspace | Prior ATC authorization required for Class B, C, D, and the surface area of Class E designated for an airport |
| 107.43 | Airport operations | No interference with operations and traffic patterns at any airport, heliport, or seaplane base |
| 107.45 | Prohibited / restricted areas | No operation without permission from the using or controlling agency |
| 107.47 | Special flight restrictions | Comply with TFRs and other restrictions issued under 91.137–91.145 and 99.7 |
| 107.49 | Preflight familiarization | Assess the operating environment, brief the crew, verify aircraft condition and power, and confirm any required authorizations |
| 107.51 | Operating limitations | The four hard numbers — see below |
The Four Operating Limitations
These four numbers appear on nearly every Part 107 knowledge test. Commit them to memory in this exact form.
Accident Reporting
The remote pilot in command must report an accident to the FAA within 10 calendar days if either of these thresholds is met:
- Serious injury to any person, or any loss of consciousness
- Damage to any property other than the small unmanned aircraft, if the cost to repair or replace it exceeds $500 — using fair market value if it isn't repaired
The $500 threshold excludes damage to your own drone. A $3,000 aircraft destroyed in a field with no other damage and no injury is not a reportable accident under 107.9.
Waivers vs. Authorizations
These two are constantly confused, and the exam knows it. They solve different problems.
Airspace Authorization
Legal basis: 14 CFR § 107.41
Permission to enter controlled airspace. You are not breaking a rule — you are satisfying one.
- Required for Class B, C, D, and surface Class E
- Usually obtained instantly through LAANC
- Bound by UAS Facility Map grid ceilings
- Further requests go through FAA DroneZone
Certificate of Waiver
Legal basis: 14 CFR §§ 107.200, 107.205
Permission to deviate from a specific operating rule, granted only if the operation can still be conducted safely.
- Applied for through FAA DroneZone
- Requires a written safety case, not just a request
- Takes weeks to months — plan far ahead
- Comes with its own binding terms and conditions
What can and cannot be waived
- 107.25 — Operation from a moving vehicle or aircraft
- 107.29(a)(2) and (b) — Anti-collision lighting for night
- 107.31 — Visual line of sight
- 107.33 — Visual observer requirements
- 107.35 — Operation of multiple aircraft
- 107.37(a) — Yielding the right of way
- 107.39 — Operation over human beings
- 107.41 — Operation in certain airspace
- 107.51 — Operating limitations
- 107.36 — Carriage of hazardous materials
- 107.15 — Condition for safe operation
- 107.17 — Medical condition
- 107.19 — Remote PIC responsibility
- 107.23 — Careless or reckless operation
- 107.27 — Alcohol and drugs
- 107.49 — Preflight familiarization
- Certification and registration requirements
Other Rules That Apply to Your Flight
Part 107 is the center of the framework, not the whole of it. A legal commercial flight typically touches several parts at once.
| Rule | Subject | Why it matters to you |
|---|---|---|
| 14 CFR Part 48 | UAS registration | Online registration for small UAS. Certificates are valid 3 years; the registration number must be visible on an exterior surface of the aircraft |
| 14 CFR Part 89 | Remote ID | Nearly all registered drones must broadcast identification — either by standard built-in Remote ID or an attached broadcast module, or be flown only within an FAA-Recognized Identification Area (FRIA) |
| 14 CFR Part 91 | General operating rules | Reached through 107.27 for alcohol and drugs, and through TFR provisions in 91.137–91.145 |
| 14 CFR Part 99 | Security control of air traffic | ADIZ and security airspace restrictions referenced by 107.47 |
| 49 U.S.C. § 44809 | Recreational exception | The other legal pathway, covered in Lesson 1 |
| State and local law | Land use, privacy, trespass | The FAA regulates the airspace; states and municipalities may still regulate takeoff and landing from their property, privacy, and harassment |
What the Advisory Circular Actually Does
AC 107-2A, Small Unmanned Aircraft System (Small UAS), issued February 1, 2021, is the FAA's plain-language companion to Part 107. It does not create requirements. It explains how to meet them, and it fills in the operational detail the regulation leaves open.
- Remote pilot certification — how to apply, how eligibility is assessed, and how the certificate is maintained
- Registration, marking, and airworthiness — how the FAA expects you to document and identify the aircraft
- Operating in the NAS — airspace access, authorizations, and coordination with air traffic
- Aeronautical decision-making and crew resource management — structured risk assessment, hazard identification, and mitigation, including sample severity and likelihood criteria
- Maintenance and inspection — building a scheduled maintenance program and preflight inspection procedure when the manufacturer provides none
- Emergency procedures and accident reporting — what to do and what to document
The AC is the closest thing you have to the FAA's own answer key for "what does compliance look like?" For a working operator, a checklist and risk assessment built on AC 107-2A is strong evidence that a flight was planned professionally — even though following the AC is not itself a legal requirement.
Compliance and Enforcement
The FAA's stated preference is to correct unintentional deviations through education and counseling rather than punishment. That approach depends on the pilot being cooperative, qualified, and willing to fix the problem. It does not extend to intentional, reckless, or repeated conduct.
- Compliance actions — counseling, additional training, or on-the-spot correction for honest mistakes
- Certificate action — suspension or revocation of the remote pilot certificate
- Civil penalties — monetary fines for serious or willful violations
- Criminal referral — reserved for the most severe cases, including falsification under 107.5
Remember 107.19: the remote pilot in command is the final authority. That authority is exactly why responsibility lands there when an operation goes wrong.
A Framework That Is Still Moving
The FAA has proposed a new Part 108 to create a standing framework for beyond visual line of sight operations, replacing today's case-by-case waiver path. The proposed rule was published in August 2025 and drew thousands of public comments.
Part 108 is still a proposal. It is not in effect, it is not law, and it is not tested. Until a final rule is published, BVLOS operations require a waiver of 107.31 under Subpart E. Study the framework that exists today.
How the FAA Tests This Concept
Regulatory framework questions usually test whether you can locate a requirement and judge its weight. When a question stalls you, work through these three filters:
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