Drone Laws And Toy Drones: What's The Verdict?

Drone laws vary by country and state. In the US, the Federal Aviation Administration (FAA) has established a set of general rules and regulations for operating drones, also known as Unmanned Aircraft Systems (UAS). These rules apply to both commercial and non-commercial (recreational) drone pilots.

In the US, drones that are considered toys are those that weigh less than 250 grams and are flown exclusively for recreational purposes. These drones are subject to fewer regulations and do not require registration or a license for recreational use. However, for commercial use, a Part 107 license is required regardless of the drone's weight.

In the European Union, drones that weigh less than 250 grams, have no camera or other sensor able to detect personal data, and are considered toys (i.e. comply with the toy directive) do not need to be registered.

Drone laws for toys

Drone laws vary depending on the country and the type of drone being flown. In the US, the Federal Aviation Administration (FAA) has established a set of general rules and regulations for operating drones, also known as Unmanned Aircraft Systems (UAS). These rules apply to both commercial and recreational drone pilots.

For recreational drone use, the FAA requires that any drone weighing more than 0.55 lbs (250 grams) must be registered and marked with a registration number. This includes toy drones. Drone operators must also complete The Recreational UAS Safety Test (TRUST) and carry proof of test passage when flying. Recreational drone pilots must also follow certain flight restrictions, such as flying at or below 400 feet, keeping the drone within their line of sight, and not flying near other aircraft or airports.

Commercial drone pilots must obtain a Remote Pilot Certificate (Part 107 license) from the FAA and follow additional rules, such as not flying over people and not operating a drone from a moving vehicle unless over a sparsely populated area.

In the European Union, the regulations on drones are covered by EU Regulation 2019/947 and EU Regulation 2019/945. These regulations apply to all drones sold on the market, including those bearing a class identification label (ranging from 0 to 6) and those privately built. Drones that fall under the 'open' category can be operated without prior authorisation, while those in the 'specific' category require an operational authorisation from the National Aviation Authority.

Toy drones are considered as such when they could be attractive to a child, or if they are designed or intended for use in play by children under 14 years of age. In this case, they must comply with the Directive 2009/48/EC on the safety of toys. Manufacturers may also clearly exclude their product from the application of the toy directive by indicating a minimum age of 13 or higher on their product.

Drone laws for commercial use

If you plan to use a drone for commercial purposes, you must obtain a Remote Pilot Certificate, also known as a Part 107 license, from the Federal Aviation Administration (FAA). This requires passing an initial aeronautical knowledge exam: "Unmanned Aircraft General – Small (UAG)".

To become an FAA-Certified drone pilot, you must be at least 16 years old, be able to understand, read, write, and speak English, and be mentally and physically able to operate a UAV safely.

Before signing up for the knowledge test, you must create an IACRA (Integrated Airman Certification and Rating Application) profile and obtain an FAA Tracking Number (FTN).

Commercial UAV pilots can fly drones at night, over people, and over moving vehicles without a waiver under Part 107, as long as the following rules are followed:

• The drone must be flown at or below 400 feet, unless it is within 400 feet of a structure.
• The drone must be kept within sight of the pilot or an observer.
• The drone must not exceed 100 miles per hour.
• The drone must not fly near other aircraft or airports.
• The drone must not fly over people unless they are directly participating in the operation.
• The drone must not be operated from a moving vehicle unless it is over a sparsely populated area.
• The drone can only fly during daylight hours unless it is equipped with anti-collision lighting.

The FAA's B4UFLY app can be used to check your flight plan's legality and to provide real-time information about airspace restrictions and other flying requirements.

Drone registration for Part 107 certification costs $5 per drone and is valid for three years.

Drone laws for recreational use

Drone laws vary depending on the purpose of the flight and the location. Here is a summary of the laws for recreational drone use:

Registration

If your drone weighs more than 0.55 pounds (250 grams), you must register it with the Federal Aviation Administration (FAA). This can be done on the FAADroneZone website. The cost is $5 for three years, and you will receive a unique registration number that must be displayed on your drone's exterior.

The Recreational UAS Safety Test (TRUST)

Before flying a drone for recreational purposes, you must pass the TRUST and carry proof of completion. This free test is available through several FAA-approved administrators and covers basic aeronautical knowledge and safe flying practices.

Flight Rules

The following rules apply to recreational drone flights:

• Fly at or below 400 feet in uncontrolled airspace (Class G).
• Keep your drone within sight.
• Do not fly near other aircraft or airports.
• Do not fly over groups of people, stadiums, or sporting events.
• Do not fly under the influence of drugs or alcohol.
• Do not fly in restricted areas, such as National Parks and the airspace around Washington DC.
• Follow the safety guidelines of an FAA-recognized Community-Based Organization (CBO), such as the Academy of Model Aeronautics (AMA).
• Do not endanger the safety of the national airspace.

Additional Considerations

• Some drones have geofencing tools or apps that can help identify restricted areas.
• Always be mindful of your surroundings and respect the privacy of others.
• Check local guidelines and regulations specific to your area before flying.

Drone laws for foreigners

If you're a foreigner visiting the United States and planning to bring your drone, here are some rules you need to follow:

Recreational Drone Use

If you're flying your drone for fun, you must follow the rules for recreational flyers and modeler community-based organizations. This includes registering your drone with the Federal Aviation Administration (FAA) using the FAADroneZone portal and completing the process to fly under "The Exception for Recreational Flyers". The FAA will consider the issued certificate as a recognition of ownership rather than a US aircraft registration.

You must also take The Recreational UAS Safety Test (TRUST) required by the FAA and carry proof of completion when flying. Additional rules include:

• Flying within the visual line of sight
• Following community-based safety guidelines and flying within the programming of a nationwide community-based organization (CBO)
• Flying a drone under 55 lbs unless certified by a CBO
• Never flying near other aircraft
• Flying in Class G airspace (if you need to fly in Class B, C, D or E controlled airspace, you need to apply for authorisation)
• Never flying near emergency response efforts

Commercial Drone Use

If you plan to fly your drone for work or commercial purposes, you must comply with all applicable rules and operating requirements. Before conducting any commercial operations in the US, you must possess a foreign aircraft permit issued by the Department of Transportation (DOT) and comply with applicable FAA requirements.

You must also obtain a Remote Pilot Certificate – Part 107 license from the FAA. To become an FAA-Certified drone pilot, you must:

• Be at least 16 years old
• Be able to understand, read, write, and speak English
• Be mentally and physically able to operate a UAV safely
• Pass the initial aeronautical knowledge exam: "Unmanned Aircraft General – Small (UAG)"

Drone laws for government use

Drone laws are set by the Federal Aviation Administration (FAA) in the United States. The FAA has outlined detailed regulations that every drone pilot in the country must follow. These laws apply to both commercial and non-commercial (recreational) drone pilots.

• Licensing and Registration: A government drone pilot license is required for government drone operations. Drone registration is also mandatory for government operations.
• Remote ID: Drone Remote ID is required for government drone operators. This allows the FAA, law enforcement, and other federal agencies to identify the location and device where the drone is being operated or controlled.
• Insurance: Drone insurance is not mandatory for government drone operations, but it is recommended.
• Weight and Height Restrictions: Drones weighing 55 pounds or less can be flown for government operations. The FAA requires drones to be flown at or below 400 feet.
• Visual Line of Sight: Government drone pilots must fly within the visual line of sight and ensure that the drone is visible to them or an observer at all times.
• No-Fly Zones: Government drone operators must be aware of No-Fly Zones and adhere to airspace restrictions, especially around airports, to prevent endangering people or other aircraft.
• Authorization: Government drone pilots must obtain authorization to fly in controlled airspace. The FAA's Low Altitude Authorization and Notification Capability (LAANC) is the only way to get permission.
• Safety: Drone safety is paramount. Government drone pilots must not interfere with other aircraft and must follow all safety guidelines and regulations set by the FAA.

It is important to note that drone laws can vary by state, so it is advisable to check the specific regulations in your state. Additionally, the FAA provides resources and tools to help government drone operators integrate their operations into the national airspace safely.

Frequently asked questions