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Part 107 vs. Recreational Drone Rules: Which Applies
✓ Reviewed against current FAA sources on September 27, 2026
In this guide
In short
Commercial and other non-recreational drone flights fall under 14 CFR Part 107. Purely recreational flights may instead use the statutory exception in 49 U.S.C. 44809. If a flight has any purpose beyond your own enjoyment, it is a Part 107 operation.
Most drone flights in the United States fall under one of two sets of rules. Commercial and other non-recreational flights fall under 14 CFR Part 107. Purely recreational flights may use the statutory exception in 49 U.S.C. 44809.
The one question that decides it
Is the flight strictly for recreation, meaning your personal enjoyment? If yes, you may fly under the recreational exception. If the flight has any other purpose, it is a Part 107 operation, whether or not you are paid. That includes work, a business, a nonprofit's promotion or photos for someone's property listing.
Flying recreationally: the FAA's ten conditions
The FAA lists these conditions for flying under 49 U.S.C. 44809:
- Fly only for recreational purposes (personal enjoyment).
- Follow the safety guidelines of an FAA-recognized community-based organization (CBO).
- Keep the drone within visual line of sight, or use a co-located visual observer in direct communication with you.
- Give way to, and not interfere with, other aircraft.
- Fly in controlled airspace only at or below FAA-authorized altitudes and only with prior authorization through LAANC or DroneZone.
- Fly at or below 400 feet in Class G airspace.
- Pass The Recreational UAS Safety Test (TRUST) and carry proof of passage.
- Have a current FAA registration, mark the drone with it and carry proof of registration.
- Broadcast Remote ID if the drone must be registered, unless flying at an FAA-recognized identification area (FRIA).
- Not endanger the safety of the national airspace system.
Side by side
| Recreational (44809) | Part 107 | |
|---|---|---|
| Purpose | Strictly personal enjoyment | Anything else, paid or not |
| Knowledge requirement | TRUST (free, online) | UAG knowledge test at a PSI center |
| Certificate | TRUST completion certificate | FAA remote pilot certificate |
| Registration | Drones over 0.55 lb (250 g); $5 covers all your drones for 3 years | Every drone, any weight; $5 per drone for 3 years |
| Controlled airspace | Prior authorization (LAANC or DroneZone) | Prior ATC authorization (§107.41 (opens in a new tab)) |
| Recurrent training | None required | Every 24 calendar months |
| Waivers for other rules | Not available | Available under §107.205 (opens in a new tab) |
Swipe the table sideways to see every column.
Common mistakes
- “I'm not charging, so it's recreational.” Payment does not decide it; purpose does.
- “My drone is under 250 grams, so no rules apply.” The weight affects registration for recreational flyers. It does not exempt anyone from the operating rules, and under Part 107 every drone must be registered.
- “I passed TRUST, so I can do paid work.” TRUST covers recreational flying only. Paid or business flights need the Part 107 certificate.
Which should you choose?
If you ever expect to use your drone for work, a business, monetized content or someone else's business, earn the Part 107 certificate. Start with how to get your Part 107 certificate.