Drone regulations: everything you need to know for safe and legal drone flight

It’s an exciting moment when you unbox a shiny new drone and, of course, the first thing you'll want to do is get the drone into the air. But before you start flying and capturing stunning aerial photos and videos, you need to make sure you’re abiding by the rules and regulations set by the Federal Aviation Administration (FAA).

For recreational pilots flying drones under a specific weight, the rules are fairly simple. But for larger and heavier models you will need to register, while professional pilots will need to complete Part 107 Certification issued by the FAA to fly commercially. Ultimately, it's a fairly simple set of rules and we'll cover the main points below.

Before we get started, if you're looking for your first drone or would like to upgrade the UAV you already have, check out our comprehensive buying guides. So, whatever you’re aiming for, our best drones, best camera drones, best beginner drones and best FPV drones guides will help you to discover the best drone model for you and your aerial adventures.

Using drones recreationally

Recreational pilots, those simply flying for fun, have fewer hoops to jump through than commercial pilots. You still need to be aware of the rules, and all recreational pilots must complete the free TRUST test.

The test itself serves as a great way to learn the general rules for flying drones, and much of it is common sense. The TRUST test only takes around half an hour to complete and it’s impossible to fail because you can relearn and retake the test as many times as you need to. Plus, you'll receive a digital certificate that can be printed upon successful completion of the test.

Drones that weigh less than 0.55 pounds /250 g can be flown recreationally without having to register with the FAA. While drones that weigh between 0.55 pounds /250 g and 55 pounds / 25 kg require registration. This can be completed online for $5 per drone and is valid for three years.

You can fly up to 400 ft above ground level, and if your drone is within 400 ft of a structure such as a building, you can fly up to 400 ft above the structure. You must keep your drone within your visual line of sight at all times during flight and if flying an FPV drone with goggles, you'll need a spotter to maintain visual line of sight of the drone for you.

Other important rules include not flying in restricted airspace such as close to airports, military bases and other sensitive areas. B4UFLY is a useful app that will show you where you can and cannot fly.

Plus, you shouldn’t fly over people and crowds. You can fly your drone at night as long as your drone is fitted with an anti-collision strobe. But whether flying at night or during the daytime, your drone should never interfere with manned aircraft such as airplanes and helicopters.

Using drones commercially

Commercial pilots have to follow most of the same rules as recreational pilots, so refer back to the previous section for more information. In a commercial context, however, there are greater demands such as the requirement to complete Part 107 Certification.

Part 107 Certification consists of a written exam covering knowledge of airspace rules, regulations, drone operation and weather. Drone operators wishing to complete this certification must also be 16 years old or above. Once completed, commercial pilots can fly over people and crowds with drones that weigh 0.55 lbs / 250 g or less, but it becomes more complicated with larger and heavier drones.

Drone regulations across states

The general rules explained previously apply to flying your drone no matter what state you’re in. Drones are relatively new in the grand scheme of things, so different states are still enacting new laws, so it's always best to check state rules to ensure compliance to avoid a potentially hefty fine.

Some things to look out for include the fact that some states or cities may restrict drone use over private land. Some states have also enacted laws to protect privacy, which includes restrictions on drone surveillance so this will need to be considered in terms of where and how you fly.

Also, there may be more local and specific drone flying restrictions or complete bans, such as in cities, counties, parks, national parks and state parks. This means it's always important to check whether or not you can fly at your desired location using an FAA-approved app such as B4UFLY.

Anything else worth knowing?

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The FAA introduced Remote ID rules in September 202, which require drones that weigh 0.55 lbs / 250 g or more to broadcast their identification and location during flight to improve safety and security. The majority of newer drones have this technology built-in, but be sure to check. Older drones can be fitted with a Remote ID broadcast module to comply with this new rule.

If you stick to the rules and guidelines, you’ll be sure to have a lot of fun flying your drone without causing any trouble. Use common sense and don’t fly near airports or over your neighbour’s garden.

Think about the time of day when flying too: go out during sunrise and sunset when there are fewer people out and you’re able to capture beautiful golden hour photos and videos. It’ll make things safer for you and your drone, and you’ll have some incredible images to show off to your friends, too.