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Navigating Federal Aviation Regulations

Title 14 → Chapter I → Subchapter F → Part 107

This is how part 107 is organized under the Code of Federal Regulations. It is also known by it's legal citation 14 CFR 107, but to those who operate under the reg, it's affectionately known as FAR Part 107. No matter how it's cited, it is all the same regulation and we must understand it.

FAR 107 is one of the newest set of regulations made by the FAA and at its face, appears very simple and straight forward. It details what is required to fly a commercial UAS in the National Airspace System. It sets forth the legal boundaries where a commercial operator may and may not fly.

Much of the regulations are clear such as eligibility to obtain a Remote Pilot Certificate.

§107.61 states that in order to be eligible a person must:

(a) Be at least 16 years of age;

(b) Be able to read, speak, write, and understand the English language. If the applicant is unable to meet one of these requirements due to medical reasons, the FAA may place such operating limitations on that applicant's certificate as are necessary for the safe operation of the small unmanned aircraft;

(c) Not know or have reason to know that he or she has a physical or mental condition that would interfere with the safe operation of a small unmanned aircraft system; and

(d) Demonstrate aeronautical knowledge by satisfying one of the following conditions:

(1) Pass an initial aeronautical knowledge test covering the areas of knowledge specified in §107.73(a); or

(2) If a person holds a pilot certificate (other than a student pilot certificate) issued under part 61 of this chapter and meets the flight review requirements specified in §61.56, complete an initial training course covering the areas of knowledge specified in §107.74(a) in a manner acceptable to the Administrator.

This rule is pretty straightforward and most would agree that it is easy enough to understand.

There is another rule however, that appears easy to understand but is probably the one rule that will take a lifetime to fully appreciate.

§107.23 Hazardous operation.

The rule prohibiting hazardous operation states that no person may:

(a) Operate a small unmanned aircraft system in a careless or reckless manner so as to endanger the life or property of another; or

(b) Allow an object to be dropped from a small unmanned aircraft in a manner that creates an undue hazard to persons or property.

The issue here is what constitutes careless or reckless manner? What is an undue hazard? These terms are not defined in the regulation. They appear to have common meaning and complies with common sense right?