title-14-part-107-sec107-29

904

14 CFR Ch. I (1–1–24 Edition)

§ 107.21

(b) The remote pilot in command is

directly responsible for and is the final
authority as to the operation of the
small unmanned aircraft system.

must ensure that the small unmanned
aircraft will pose no undue hazard to
other people, other aircraft, or other
property in the event of a loss of con-
trol of the small unmanned aircraft for
any reason.

(d) The remote pilot in command

must ensure that the small UAS oper-
ation complies with all applicable reg-
ulations of this chapter.

(e) The remote pilot in command

must have the ability to direct the
small unmanned aircraft to ensure
compliance with the applicable provi-
sions of this chapter.

[Docket FAA–2015–0150, Amdt. 107–1, 81 FR
42209, June 28, 2016, as amended by Amdt. No.
107–8, 86 FR 4382, Jan. 15, 2021]

§ 107.21

In-flight emergency.

(a) In an in-flight emergency requir-

ing immediate action, the remote pilot
in command may deviate from any rule
of this part to the extent necessary to
meet that emergency.

(b) Each remote pilot in command

who deviates from a rule under para-
graph (a) of this section must, upon re-
quest of the Administrator, send a
written report of that deviation to the
Administrator.

§ 107.23

Hazardous operation.

No person may:
(a) Operate a small unmanned air-

craft system in a careless or reckless
manner so as to endanger the life or
property of another; or

(b) Allow an object to be dropped

from a small unmanned aircraft in a
manner that creates an undue hazard
to persons or property.

§ 107.25

Operation from a moving vehi-

cle or aircraft.

No person may operate a small un-

manned aircraft system—

(a) From a moving aircraft; or
(b) From a moving land or water-

borne vehicle unless the small un-
manned aircraft is flown over a sparse-
ly populated area and is not trans-
porting another person’s property for
compensation or hire.

§ 107.27

Alcohol or drugs.

A person manipulating the flight

controls of a small unmanned aircraft
system or acting as a remote pilot in
command or visual observer must com-
ply with the provisions of §§ 91.17 and
91.19 of this chapter.

§ 107.29

Operation at night.

(a) Except as provided in paragraph

(d) of this section, no person may oper-
ate a small unmanned aircraft system
at night unless—

(1) The remote pilot in command of

the small unmanned aircraft has com-
pleted an initial knowledge test or
training, as applicable, under § 107.65
after April 6, 2021; and

(2) The small unmanned aircraft has

lighted anti-collision lighting visible
for at least 3 statute miles that has a
flash rate sufficient to avoid a colli-
sion. The remote pilot in command
may reduce the intensity of, but may
not extinguish, the anti-collision light-
ing if he or she determines that, be-
cause of operating conditions, it would
be in the interest of safety to do so.

(b) No person may operate a small

unmanned aircraft system during peri-
ods of civil twilight unless the small
unmanned aircraft has lighted anti-col-
lision lighting visible for at least 3
statute miles that has a flash rate suf-
ficient to avoid a collision. The remote
pilot in command may reduce the in-
tensity of, but may not extinguish, the
anti-collision lighting if he or she de-
termines that, because of operating
conditions, it would be in the interest
of safety to do so.

this section, civil twilight refers to the
following:

(1) Except for Alaska, a period of

time that begins 30 minutes before offi-
cial sunrise and ends at official sunrise;

(2) Except for Alaska, a period of

time that begins at official sunset and
ends 30 minutes after official sunset;
and

(3) In Alaska, the period of civil twi-

light as defined in the Air Almanac.

(d) After May 17, 2021, no person may

operate a small unmanned aircraft sys-
tem at night in accordance with a cer-
tificate of waiver issued prior to April
21, 2021 under § 107.200. The certificates
of waiver issued prior to March 16, 2021

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Federal Aviation Administration, DOT

§ 107.41

under § 107.200 that authorize deviation
from § 107.29 terminate on May 17, 2021.

[Docket FAA–2015–0150, Amdt. 107–1, 81 FR
42209, June 28, 2016, as amended by Amdt. No.
107–8, 86 FR 4382, Jan. 15, 2021; 86 FR 13631,
Mar. 10, 2020]

§ 107.31

Visual line of sight aircraft op-

eration.

(a) With vision that is unaided by

any device other than corrective
lenses, the remote pilot in command,
the visual observer (if one is used), and
the person manipulating the flight con-
trol of the small unmanned aircraft
system must be able to see the un-
manned aircraft throughout the entire
flight in order to:

(1) Know the unmanned aircraft’s lo-

cation;

(2) Determine the unmanned air-

craft’s attitude, altitude, and direction
of flight;

(3) Observe the airspace for other air

traffic or hazards; and

(4) Determine that the unmanned air-

craft does not endanger the life or
property of another.

(b) Throughout the entire flight of

the small unmanned aircraft, the abil-
ity described in paragraph (a) of this
section must be exercised by either:

(1) The remote pilot in command and

the person manipulating the flight con-
trols of the small unmanned aircraft
system; or

(2) A visual observer.

§ 107.33

Visual observer.

If a visual observer is used during the

aircraft operation, all of the following
requirements must be met:

(a) The remote pilot in command, the

person manipulating the flight controls
of the small unmanned aircraft system,
and the visual observer must maintain
effective communication with each
other at all times.

(b) The remote pilot in command

must ensure that the visual observer is
able to see the unmanned aircraft in
the manner specified in § 107.31.

person manipulating the flight controls
of the small unmanned aircraft system,
and the visual observer must coordi-
nate to do the following:

(1) Scan the airspace where the small

unmanned aircraft is operating for any
potential collision hazard; and

(2) Maintain awareness of the posi-

tion of the small unmanned aircraft
through direct visual observation.

§ 107.35

Operation of multiple small

unmanned aircraft.

A person may not manipulate flight

controls or act as a remote pilot in
command or visual observer in the op-
eration of more than one unmanned
aircraft at the same time.

[Amdt. No. 107–8, 86 FR 4382, Jan. 15, 2021]

§ 107.36

Carriage of hazardous mate-

rial.

A small unmanned aircraft may not

carry hazardous material. For purposes
of this section, the term hazardous ma-
terial is defined in 49 CFR 171.8.

§ 107.37

Operation near aircraft; right-

of-way rules.

(a) Each small unmanned aircraft

must yield the right of way to all air-
craft, airborne vehicles, and launch and
reentry vehicles. Yielding the right of
way means that the small unmanned
aircraft must give way to the aircraft
or vehicle and may not pass over,
under, or ahead of it unless well clear.

(b) No person may operate a small

unmanned aircraft so close to another
aircraft as to create a collision hazard.

§ 107.39

Operation over human beings.

No person may operate a small un-

manned aircraft over a human being
unless—

(a) That human being is directly par-

ticipating in the operation of the small
unmanned aircraft;

(b) That human being is located

under a covered structure or inside a
stationary vehicle that can provide
reasonable protection from a falling
small unmanned aircraft; or

ments of at least one of the operational
categories specified in subpart D of this
part.

[Amdt. No. 107–8, 86 FR 4382, Jan. 15, 2021]

§ 107.41

Operation in certain airspace.

No person may operate a small un-

manned aircraft in Class B, Class C, or

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