Additional background information on drone flying

The FAA regulates the airspace around private property all the way down to the blades of grass. Indoor airspace is not regulated by the FAA.”Model aircraft” is a legal term. The FAA and Congress have allowed for operation of model aircraft in a way that is arguably not overly burdensome to hobby flying. (This distinction is fading with the 2018 law described below.) With the explosion of small drones with elaborate flight and payload capabilities, it has taken some time to sort out what is drone hobby flying and which drone operations should be more regulated. One result was that all commercial operations would be controlled by a new set of regulations called FAR Part 107. There is still a lot of misunderstanding among operators about how noncommercial drone use is regulated.

Here is a little history if you are interested in starting some research on your own.

In 1981 the FAA made recommendations for model aircraft in AC (Advisory Circular) 91-57.
In 2007 the FAA asserted that drones were aircraft subject to its regulations and classified drones into public, civil, and model aircraft.
The FAA also reiterated that AC 91-57 was specific to model aircraft.
In 2012 Congress confirmed the definition of model aircraft as aircraft that are capable of sustained flight, flown in visual line of sight of the operator, and flown for hobby or recreational purposes.
Congress also prohibited the FAA from creating new regulations specifically for model aircraft that are flown under 5 conditions.

AC 91-57 was updated to reflect 2012 rulings.
Original guidelines included operating below 400 feet and is retained in AC 91-57A

In 2018 Congress issued further guidance to the FAA making some changes to the model aircraft rules. “Model flying” is now called “recreational flying.” The FAA was released to make new laws regulating recreational flying, and some gray areas were clarified with more specific regulation. There are now 8 conditions to be a recreational flyer.

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 FAA.
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 and maintains proof of test passage to be made available to the Administrator or a designee of the Administrator or law enforcement upon request.
8. The aircraft is registered and marked and proof of registration is made available to the Administrator or a designee of the Administrator or law enforcement upon request.

Condition 2 has finally been developed. AC 91-57C has replaced AC 91-57B and has set the stage for the FAA to recognize CBO’s and allow flying by the CBO guidelines instead of temporary ones published on the FAA website. Be sure to know which CBO guideline document you are using. You might be asked by law enforcement personnel which one you are using. As of this writing there are four different ones.

None of the laws relieve any type of operators of small drones from following certain FARs governing all aircraft. Noteworthy examples include the responsibility to be familiar with NOTAMs (Notices to Air Missions) and TFRs (Temporary Flight Restrictions), to avoid Prohibited and Restricted airspace, and to not operate in a careless or reckless manner.