Part 107 or Not? Risks of Unlicensed Drone Flying

When drones first became available to everyone, some people flew them recklessly.

Now, the FAA (Federal Aviation Administration) generally requires pilots who use drones for business to get a Part 107 license.

Some pilots might not follow these rules, but these are serious violations. There are real punishments, dangers, and strict rules from the FAA. These are meant to keep people safe and make sure the airspace is used responsibly.

This article talks about why it’s important for drone operators to have a Part 107 license, and what can happen if they ignore these rules.

Key Takeaways

• You can get huge penalties for commercial drone flight without a Part 107 license.
• FAA penalties also apply for other violations like flying a drone recklessly.
• The FAA has strengthened measures against unauthorized drone flight with Remote ID.
• Part 107 training ensures safe drone operations and helps you avoid fines or accidents.

What Is a Part 107 License and Who Needs It?

The Part 107 Remote Pilot License (or Certificate) is required to legally fly drones for work or business purposes in the United States. It authorizes commercial drone operations under Part 107 regulations. 

Keep in mind that recreational drone pilots do not need this certification but they must follow separate rules under the Exception for Recreational Flyers (14 CFR § 44809).

What Is a Commercial Drone Flight?

What exactly does it mean to fly drones commercially? Many people incorrectly think that getting paid to fly a drone is the only thing that makes it a commercial flight. This is not true.

What if you are capturing photos of your own property to be used to help sell or lease it? Then that certainly classifies as commercial use. Even flying your drone voluntarily for a non-profit organization is considered commercial.

It would be easier to specify what is not considered commercial drone flight. The FAA states that exceptions only apply to recreational drone flights. 

Simply put, this means flying drones just for fun.

Examples include taking pictures for yourself, but not for business, or exploring the area around you for personal enjoyment.

No matter where you fly, you will need a Part 107 certification and an understanding of local drone laws, especially those about privacy and flying near important buildings.

Other Rules Apply

Does this mean that it’s fine to fly your drone anywhere as long as you comply with the Part 107 rules? Not necessarily.

No matter where you fly, you need to know about local drone laws, especially the ones about privacy or flying near important buildings. There are also important rules on flying drones near homes or neighborhoods.

The FAA also has a separate set of rules for recreational drone flight. These can be found under 49 USC 44809 or the “Exception for Limited Recreational Operations of Unmanned Aircraft.”

Legal Consequences for Unlicensed Drone Flying

The Part 107 rules are clear enough on the penalties of flying a drone commercially without a Part 107 Certification. Possible fines or penalties are as follows:

• Civil penalties of up to $27,500
• Criminal penalties of up to $250,000 and/or imprisonment of up to three years

The FAA has the authority to enforce these restrictions as part of its jurisdiction on all aviation matters. Part 107 also lists other fines and legal penalties for breaking the rules. 

Violations include flying in controlled airspace without permission or using drones in a reckless way.

Does the FAA actually enforce these penalties? That certainly seems to be the case. The FAA has published information about penalties they have given to drone operators.

A well-known example is YouTuber PhillyDroneLife. The operator was caught flying recklessly and did not have a Part 107 license. The FAA proposed fines of $182,000 against him.

This was an extreme case but is a good illustration of how far penalties can go for violations of the Part 107 rules.

The big fines, the chance of losing your drone, and possibly being banned from flying again show how seriously the FAA takes Part 107 rules. The FAA takes airspace safety very seriously. Enforcing regulations on drone operations is simply part of their job.

Risks of Flying in No-Fly Zones and Restricted Airspace

The concept of no-fly zones and restricted airspace is rather simple. These refer to areas where any sort of drone operations is prohibited. That is, unless, you have been able to secure prior authorization. Such restrictions are usually for the interest of public safety and national security.

Airports, prison facilities, and military bases are some common examples of no-fly zones. Stadiums or arenas where many people gather can also have temporary no-fly zones. These happen usually during concerts or sports events. These are known as temporary flight restrictions (TFR).

Examples of FAA Penalties

The FAA has fined drone operators for flying drones without permission in restricted airspace or no-fly zones several times. Most notable are these three examples:

• A person who operated an unregistered drone during the Miami Grand Prix in Florida on May 7, 2022, was fined $18,200. Other violations included not keeping the drone in sight. The pilot was also flying without a Part 107 certificate.
• A person was fined $7,760 for operating an unregistered drone. This was during an NFL game back in January 2022 at the Paul Brown Stadium in Cincinnati. Again, the operator was flying without a Part 107 certificate. The operator was also using FPV, effectively losing visual line of sight.
• Two people were fined $16,000 and $4,000 for operating drones near the SoFi Stadium in California. This happened while a TFR was in place for the Super Bowl in February 2022. The airspace was also classified as national defense airspace and thus was a no-fly zone.

As you can see, there are many possible penalties for drone violations. Most of these cases often involve several rules being broken at the same time.

The FAA gives big penalties to drone operators who interfere with emergency or manned aircraft.

One such incident happened in 2021 when a drone flew close to a helicopter. The helicopter was being operated by law enforcement in Pasco County in Florida. 

The drone operator was fined $32,700 for this violation. There were also additional fines for other violations. These included flying at night without the required lights and going higher than the 400-foot limit.

These fines and penalties are not as important as the risk of reckless drone flight. Flying a drone without following the rules can lead to accidents. 

At worst, these could cause loss of life and damage to property. It’s also important to respect people’s privacy and avoid threats to national security.

How the FAA Monitors and Enforces Drone Regulations

Have you ever wondered how the FAA can identify drones and catch Part 107 violations?

This is a bit easier and more systematic now because of Remote ID. Before Remote ID, however, the FAA relied on more traditional airspace monitoring techniques.

Airspace Monitoring

One thing to remember is that most drones come with serial numbers. These allow drones to be easily traced to their owners or operators. 

If a drone crashes or is caught doing illegal operations, the operator can be found. This has been the case for many of the unauthorized drone operations that the FAA has penalized.

There is usually a system set up to watch air traffic near important places. These include airports or government buildings.

This helps these facilities easily identify unauthorized drone flight. They may even have the technology to bring down your drone!

Public Reporting

Without such technologies, the FAA also relies on good old-fashioned public reporting. A drone flying over a crowd or near emergency operations will get a lot of attention. In such cases, it’s almost impossible for the operator to not be found.

Remote ID

Remote ID has completely changed how drones are identified. It is also a new system that makes operators more accountable. With this technology, drones regularly send out packets of information. These can then be used to identify the location of the drone and the person controlling it.

More importantly, the information packet contains the serial number of the drone. This can easily be traced back to its operator.

With Remote ID, it’s much easier for the FAA or local police to catch drone operators flying against the rules. The goal is to make drone flight safer for everyone, including the general public.

Safety and Responsibility in Drone Operation

There has been a very apparent increase in drone regulations over the last couple of years.

The rules for flying drones have changed a lot in the last ten years. This started with the Part 107 rules. Now, we also have new rules for flying drones for fun, and now, we have Remote ID. These changes have updated when, where, and how you can fly a drone.

The FAA rules for flying drones are mostly focused on making drone flights safer. The goal is to make sure they don’t harm people, animals, or property. Drones are now more popular than ever. 

This also means that there are more of them flying around in national airspace. New regulations are necessary to keep drone operations safe, despite this growing number.

Online Part 107 Resources

Penalties are just means to enforce these rules. By default, flying safely should be the responsibility of every single drone operator. And being a responsible drone pilot starts with knowledge of the rules. If you need help in that department, Pilot Institute offers a wide range of useful online courses:

• Our top-rated Part 107 Made Easy course gives a clear summary of the Part 107 rules. This will help you earn your license and get a good start in safe drone flying.
• For more experienced Part 107 pilots, we recommend our Part 107 Waivers Made Easy course. This course helps you write better Part 107 waiver requests. Waivers let you fly drones in ways that are usually not allowed by the Part 107 rules. This gives you more chances to use drones for business.
• For the real newbies, we recommend the Drone Flying 101 course. This course tells you everything you know to get started with drone flight. It covers a few basic flight maneuvers and gives a brief rundown of when and where you can legally fly your drone.

Conclusion

Rules can feel tedious, but they are there for a reason. In the case of drone operations, the FAA has been enforcing Part 107 rules with fairly good results. 

Part 107 license has helped make drone pilots better certified and more knowledgeable. It also enforces fines and penalties for reckless or unauthorized drone flight.

Knowing the best ways to fly drones safely has helped prevent major drone accidents. Reckless drone flight gives people a bad impression of the drone industry. This hurts the reputation of drones, and could lead to stricter rules.

Keeping drone flights safe is the shared responsibility of every drone pilot. What can you do to be a part of this movement? The most important thing you can do is learn about safe drone flying and get your Part 107.