Two legal paths exist for flying a small drone. This page compares them point by point, using the 2024 text of the recreational law and the Part 107 rules.
If you fly strictly for recreation, the exception in 49 U.S.C. 44809 applies: pass the free TRUST test and follow its limits. Any other flight falls under Part 107, the default for drones under 55 pounds, and the FAA says pay is not what decides it. When in doubt, the FAA says assume Part 107.
Pay is not the test. The FAA says compensation, or the lack of it, is not what determines whether a flight is recreational, and it lists non-recreational examples such as photos to help sell a property, roof inspections, pictures of a high school football game for the school's website, and goodwill such as volunteering (FAA recreational flyers page). Separately, a 2018 law, as amended through 2024, counts flying by schools, universities and JROTC programs for education or research as a recreational purpose under 44809 (44809 note).
The Part 107 applicability rule is explained on our What Part 107 Covers page, and the certificate rules on our remote pilot certificate page.
Sources: 49 U.S.C. 44809 (2024 edition) · 14 CFR 107.1 · 14 CFR 107.12 · 14 CFR 107.31 · 14 CFR 107.37 · 14 CFR 107.41 · 14 CFR 107.51 · FAA, Recreational Flyers
| Recreational flyer (49 U.S.C. 44809) | Part 107 remote pilot (14 CFR Part 107) | |
|---|---|---|
| Who it covers | Flights strictly for recreational purposes (44809(a)(1)). | Almost all other flying; Part 107 is the default rule for drones under 55 pounds (FAA). |
| Test or certificate | Pass TRUST, the free online aeronautical knowledge and safety test, and keep proof of passage (44809(a)(7); FAA). | A remote pilot certificate with a small UAS rating to act as remote pilot in command (14 CFR 107.12(b)). |
| Safety guidelines | Fly within the safety guidelines of a community-based organization, developed with the FAA (44809(a)(2)). | Follow the Part 107 operating rules (14 CFR part 107, subpart B). |
| Line of sight | Within visual line of sight of the operator, or of a visual observer co-located and in direct communication (44809(a)(3)). | The remote PIC and the person flying, or a visual observer, must see the drone with vision unaided except by corrective lenses (14 CFR 107.31). |
| Other aircraft | Do not interfere with, and give way to, any manned aircraft (44809(a)(4)). | Yield the right of way to all aircraft (14 CFR 107.37(a)). |
| Controlled airspace | Prior authorization in Class B, C or D airspace, or the surface area of Class E designated for an airport (44809(a)(5)). | Prior ATC authorization in the same airspace (14 CFR 107.41). |
| Altitude | In Class G, no higher than 400 feet AGL, unless the FAA sets another ceiling or authorizes it at a fixed site (44809(a)(6)). | No higher than 400 feet AGL, or 400 feet above a structure while within 400 feet of it (14 CFR 107.51(b)). |
| Outside the limits | A flight that does not meet every 44809 limit must follow the rules generally applicable to unmanned aircraft (44809(b)). | When in doubt, the FAA says assume Part 107 (FAA). |
Sources: 49 U.S.C. 44809 (2024 edition) · 14 CFR 107.12 · 14 CFR 107.31 · 14 CFR 107.37 · 14 CFR 107.41 · 14 CFR 107.51 · FAA, Recreational Flyers
§ 107.1 Applicability.
(a) Except as provided in paragraph (b) of this section, this part applies to the registration, airman certification, and operation of civil small unmanned aircraft systems within the United States. This part also applies to the eligibility of civil small unmanned aircraft systems to operate over human beings in the United States.
(b) This part does not apply to the following: (1) Air carrier operations; (2) Any aircraft subject to the provisions of 49 U.S.C. 44809; (3) Any operation that the holder of an exemption under section 333 of Public Law 112-95 or 49 U.S.C. 44807 elects to conduct pursuant to the exemption, unless otherwise specified in the exemption; or (4) Any operation that a person elects to conduct under part 91 of this chapter with a small unmanned aircraft system that has been issued an airworthiness certificate.
[Amdt. 107-8, 86 FR 4381, Jan. 15, 2021]
§ 107.12 Requirement for a remote pilot certificate with a small UAS rating.
(a) Except as provided in paragraph (c) of this section, no person may manipulate the flight controls of a small unmanned aircraft system unless: (1) That person has a remote pilot certificate with a small UAS rating issued pursuant to subpart C of this part and satisfies the requirements of § 107.65; or (2) That person is under the direct supervision of a remote pilot in command and the remote pilot in command has the ability to immediately take direct control of the flight of the small unmanned aircraft.
(b) Except as provided in paragraph (c) of this section, no person may act as a remote pilot in command unless that person has a remote pilot certificate with a small UAS rating issued pursuant to Subpart C of this part and satisfies the requirements of § 107.65.
Read all of § 107.12
(c) The Administrator may, consistent with international standards, authorize an airman to operate a civil foreign-registered small unmanned aircraft without an FAA-issued remote pilot certificate with a small UAS rating.
49 U.S.C. 44809(a)
a person may operate a small unmanned aircraft without specific certification or operating authority from the Federal Aviation Administration if the operation adheres to all of the following limitations:
14 CFR 107.1(b)(2)
Any aircraft subject to the provisions of 49 U.S.C. 44809
FAA, Recreational Flyers
Compensation, or the lack of it, is not what determines if a flight was recreational or not.
FAA, Recreational Flyers
Recreational Flyers are required to complete The Recreational UAS Safety Test (TRUST) and carry proof of completion while operating.
Sources: 14 CFR 107.1 (eCFR, current as of 2026-10-21) · 14 CFR 107.12 (eCFR, current as of 2026-10-21) · 49 U.S.C. 44809(a) · 14 CFR 107.1(b)(2) · FAA, Recreational Flyers · FAA, Recreational Flyers
Similar to the FAA test, not the actual test questions. Each answer shows its FAA source.
Question 1 of 3
(Flying a model aircraft as a hobby would be considered recreational flying and therefore not fall under Part 107.)
FAA source: AC 107-2A ch. 4, Applicability
Question 2 of 3
faa.gov LAANC page: to operate as a recreational flyer you must register your drone and take TRUST before your first flight. Registration is required unless the drone weighs 0.55 lb or less and is flown only recreationally (48.15(b)). Part 107 does not apply to aircraft operated under 49 U.S.C. 44809 (107.1(b)(2)).
FAA sources: faa.gov LAANC: qualify as a Recreational Flyer (register + TRUST) · 14 CFR 107.1(b)(2) · 14 CFR 48.15(b)
Question 3 of 3
14 CFR 48.100(a) (any purpose other than recreational: per aircraft) vs 48.105(a) (recreational: one certificate covers all their recreational aircraft). FAA Remote ID page: Part 107 pilots register each device separately and each gets a unique registration number.
FAA sources: 14 CFR 48.100(a) · 14 CFR 48.105(a) · faa.gov Remote ID: registration of Part 107 vs recreational devices
No. Congress created the exception so people flying purely for fun or personal enjoyment can operate without complying with Part 107, if they follow all the rules for recreational flyers.
Source: FAA, Recreational Flyers
The FAA says to assume you are flying under Part 107 and make sure you meet all of its requirements.
Source: FAA, Recreational Flyers
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More on this topic: Part 107 regulations, task by task.