Drone Registration for Recreational Flyers

Hoo wah! Daddy received a DJI Mavic Mini for Christmas. It’s my first drone, and I thought I’d share a few thoughts related to drone registration for recreational flyers. Since commercially available drones are still relatively new to the public and are growing in popularity, congressional legislation and Federal Aviation Administration (FAA) regulations are still evolving. In this post, I share my current knowledge of federal requirements based on my cursory research. As always, you should do your own research and stay informed about federal laws and regulations as well as local restrictions before piloting a drone.

KEY POINTS

There are 3 drone weight classes that determine if and how you register your drone with the government:

1. 0.55 pounds (250 g) or less: exempt from registration
2. > 0.55 pounds (250 g) and < 55 pounds (25 kg): register online or by paper
3. 55 pounds (25 kg) or more: register by paper

According to Know Before You Fly, if you meet the criteria and fail to register your done, you may be subject to civil penalties of up to $27,500 and/or criminal penalties of up to $250,000 and/or other judicial action.

If you are a recreational flyer of a drone that is < 55 pounds, you may fly under either FAA’s Small UAS Rule (14 CFR Part 107) or Section 44809 of the FAA Reauthorization Act of 2018. If you are not sure what kind of pilot you are, a User Identification Tool will help you figure it out.

The rules governing small UAS under Part 107 UAS Operations include:

• The aircraft must be registered if over 0.55 lbs;
• Must fly only in uncontrolled airspace;
• Must keep the aircraft in sight (visual line-of-sight);
• Must fly under 400 feet;
• Must fly during the day;
• Must fly at or below 100 mph;
• Must yield right of way to manned aircraft;
• Must NOT fly over people;
• Must NOT operate from a moving vehicle.

Section 44809 of the FAA Reauthorization Act of 2018 addresses an exception for limited recreational operations of unmanned aircraft. All of the following must be satisfied:

1. The aircraft is flown strictly for recreational purposes.
2. The aircraft is operated in accordance with or within the programming of a community-based organization's set of safety guidelines that are developed in coordination with the Federal Aviation Administration.
3. The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co-located and in direct communication with the operator.
4. The aircraft is operated in a manner that does not interfere with and gives way to any manned aircraft.
5. In Class B, Class C, or Class D airspace or within the lateral boundaries of the surface area of Class E airspace designated for an airport, the operator obtains prior authorization from the Administrator or designee before operating and complies with all airspace restrictions and prohibitions.
6. In Class G airspace, the aircraft is flown from the surface to not more than 400 feet above ground level and complies with all airspace restrictions and prohibitions.
7. The operator has passed an aeronautical knowledge and safety test described in subsection (g) and maintains proof of test passage to be made available to the Administrator or law enforcement upon request.
8. The aircraft is registered and marked in accordance with chapter 441 of this title and proof of registration is made available to the Administrator or a designee of the Administrator or law enforcement upon request.

Fortunately, my DJI Mavic Mini is 249 grams (that is the aircraft takeoff weight which includes battery, propellers, and a microSD card) so I didn’t need to register it. However, since I took the effort to research the topic, here’s some background information about laws and regulations that you might find helpful if your drone weighs more than 250 grams.

LEGISLATION

Let me begin by highlighting a few aspects of federal legislation that was passed by congress and enacted into federal law.

The FAA Modernization and Reform Act of 2012 (FMRA) became public law on 2/14/2012. The most pertinent language related to drones is as follows: “Subtitle B: Unmanned Aircraft Systems - (Sec. 332) Requires the Secretary to develop a plan to accelerate safely the integration by September 30, 2015, of civil unmanned aircraft systems (UASes, or drones) into the national airspace system.”

The FAA Extension, Safety, and Security Act of 2016 (FESSA) became public law on 7/15/2016. Under Subtitle B--UAS Safety, “(Sec. 2202) The FAA shall convene industry stakeholders to develop, and report to Congress on, consensus standards for remotely identifying operators and owners of unmanned aircraft (drones).” Additionally, “(Sec. 2208) The FAA, in coordination with the National Aeronautics and Space Administration (NASA), shall continue development of a research plan for unmanned aircraft traffic management development and deployment… The FAA, in coordination with NASA, the Drone Advisory Committee, the FAA research advisory committee, and unmanned aircraft industry representatives, shall establish an unmanned aircraft traffic management system pilot program.”

The H.R.2810 - National Defense Authorization Act for Fiscal Year 2018 became public law on 12/12/2017. According to this website, this law reinstated hobbyist registration in that it “reverses the decision in Taylor v. Huerta (856 F.3d 1089 (D.C. Cir. 2017)) in which the D.C. Circuit found that requiring hobbyists to register their drones was prohibited under Section 336 of the FAA Modernization and Reform Act of 2012.” It also gives “the Department of Defense (DOD) the authority to identify, track, and use ‘reasonable force’ to destroy drones near any DOD ‘covered facility or asset.’”

The FAA Reauthorization Act of 2018 became public law on 10/05/2018. There were several changes under Subtitle B--Unmanned Aircraft Systems. “DOT shall develop a comprehensive plan to safely accelerate the integration of civil unmanned aircraft systems into the national airspace system and shall make available a five-year roadmap for the introduction of civil unmanned aircraft systems into the national airspace system.” Additionally, “(Sec. 346) DOT shall issue guidance regarding the operation of drone to streamline and expedite the process for the issuance of a certificate or waiver, facilitate the capability of public agencies to develop and use test ranges, and provide guidance of an agency's responsibilities when operating a drone without a civil airworthiness certificate issued by the FAA. The FAA may issue guidance regarding the use of public actively tethered unmanned aircraft systems subject to specified requirements.”

REGULATIONS

Next let’s look at some regulations by the FAA which is an operating mode of the U.S. Department of Transportation.

Registration and Marking Requirements for Small Unmanned Aircraft is an interim final rule by the FAA that was effective December 21, 2015. It “provides an alternative, streamlined and simple, web-based aircraft registration process for the registration of small unmanned aircraft, including small unmanned aircraft operated as model aircraft, to facilitate compliance with the statutory requirement that all aircraft register prior to operation. It also provides a simpler method for marking small unmanned aircraft that is more appropriate for these aircraft.”

Operation of Small Unmanned Aircraft Systems over People is a proposed rule that was published by the FAA on 2/13/2019. It “would allow operations of small unmanned aircraft over people in certain conditions and operations of small UAS at night without obtaining a waiver. It would also require remote pilots in command to present their remote pilot in command certificate as well as identification to certain Federal, State, or local officials, upon request, and proposes to amend the knowledge testing requirements in the rules that apply to small UAS operations to require training every 24 calendar months.”

Hot off the press, Remote Identification of Unmanned Aircraft Systems is a proposed rule that was published by the FAA on 12/31/2019. It “would require the remote identification of unmanned aircraft systems.” Currently drones that are heavier than 250 grams require physical labeling so a drone that falls out of the sky could be identified, along with its owner. A discussion of this proposed rule is available on an NPR segment of All Things Considered.

SUMMARY

Laws and regulations about recreational drone use (all well as commercial done use which is an entirely different topic) will surely continue to evolve. Make sure you stay current will all the latest requirements to make sure that both you and your drone are compliant with all the laws and regulations. For more information about drone registration, be sure to visit FAA - Unmanned Aircraft Systems (UAS) and FAADroneZone. Have fun flying your drone and above all, be safe!