Drone Journalism FAA Part 107 Rules for Reporters

Why does the FAA matter for news drones?

A drone lets you shoot a fire, a flood or a protest from above. Before you launch, you need to know the rules that govern the flight.

Part 107 is the FAA's rule set for small drones ^[1]. This guide walks through the main parts of it, plus the state-law layer that sits on top. It is general information, not legal advice.

Federal rules are one layer. A federal appeals court has said federal law expressly contemplates concurrent non-federal regulation of drones, especially where privacy and critical infrastructure are concerned ^[2].

Do you need a Part 107 remote pilot certificate?

Yes, if you fly under Part 107. Under 14 CFR 107.12(b), no one may act as remote pilot in command without a remote pilot certificate with a small UAS rating ^[3].

The FAA says you must be at least 16 years old to qualify. It also says there are two ways to obtain the certificate ^[1]. Check the FAA's Part 107 page for the two routes.

The FAA's page on Temporary Flight Restrictions points to the same certificate for media. It says media who want to fly in a TFR must have a Remote Pilot Certificate or a Certificate of Authorization ^[4].

What are the core Part 107 flight rules?

Several Part 107 rules matter for news shoots: altitude, keeping the drone in sight, and when you fly.

Altitude

The FAA says the maximum allowable altitude is 400 feet above the ground. The limit is higher if your drone stays within 400 feet of a structure ^[1].

Line of sight

Under 14 CFR 107.31, the remote pilot in command, any visual observer, and the person at the flight controls must be able to see the drone throughout the entire flight ^[3].

First Person View changes the setup. The FAA says that if you use First Person View or similar technology, a visual observer must always keep the drone within unaided sight. Binoculars do not count ^[1].

Daylight and twilight

The FAA says you can fly in daylight, which runs from 30 minutes before official sunrise to 30 minutes after official sunset, local time. You can also fly in twilight if your drone has anti-collision lighting ^[1].

For a breaking-news shoot, check sunset before you plan a late shot. The rules above describe daylight and twilight only.

Can you fly over people and crowds?

Crowds are the hard case for reporters. The FAA's Part 107 summary tells operators not to fly over people unless those people are directly participating in the operation ^[1].

The regulation lists exceptions. Under 14 CFR 107.39, one applies when the person is under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small drone ^[3].

Flying over a person is also allowed when the operation meets the requirements of at least one of the operational categories in subpart D of Part 107 ^[3]. Read those categories before you plan a shot over bystanders.

If your shot needs something the standard rules do not allow, the FAA runs a waiver process. It says some of the most requested waivers are for flying beyond visual line of sight, above 400 feet, and over people ^[1].

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Which airspace needs permission?

Airspace class decides whether you need air traffic control (ATC) approval. The FAA says operations in Class G airspace are allowed without ATC permission ^[1].

It also says operations in Class B, C, D and E airspace need ATC authorization ^[1]. Look up the class of your location before you fly, not after you arrive.

What are Temporary Flight Restrictions?

A Temporary Flight Restriction, or TFR, restricts aircraft, including drones, from operating without permission in a certain area for a limited time ^[4]. The FAA says media who want to fly a drone in a TFR must have a Remote Pilot Certificate or Certificate of Authorization ^[4].

The FAA says TFRs include details about who may get approval. It adds that typically only public safety agencies, first responders and other organizations such as media may be eligible ^[4]. That language says "may be eligible." It does not say you will be approved.

If you plan to fly in a TFR, read the FAA's approval details and coordinate with the controlling agency listed in the TFR. ^[4]

Penalties are real. The FAA says pilots who violate TFRs can face sanctions ranging from warnings or fines to certificate suspensions or revocations ^[4].

Our guide to press credentials for independent reporters explains what an NPA credential is.

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What about registration and Remote ID?

Registration comes first. The FAA says anyone flying under Part 107 has to register each drone they intend to operate ^[1].

Remote ID is a separate system. The FAA defines it as the ability of a drone in flight to provide identification and location information that other parties can receive through a broadcast signal ^[5].

The FAA also issues Remote ID Letters of Authorization to drone operators. It says these are for aeronautical research or to show compliance with regulations ^[5].

Journalists have raised concerns about the idea. In comments on proposed regulations, a news media coalition that included the Reporters Committee argued the rules would constitute impermissible government surveillance of a journalist's drone operations in violation of the First Amendment ^[6]. That was the coalition's argument about proposed rules. It was not a court ruling.

How does state law add another layer?

Passing the FAA rules does not end the analysis. States can regulate drones too, and Texas shows how.

Texas Government Code Section 423.003 makes it an offense to use an unmanned aircraft to capture an image of an individual or privately owned real property in Texas. The offense requires intent to conduct surveillance on the individual or property ^[7].

The statute also lists lawful uses. One is capturing an image of public real property or a person on that property ^[7]. Another is capturing an image from no more than eight feet above ground level in a public place. That one applies only if no electronic, mechanical or other means amplify the image beyond normal human perception ^[7].

A separate section covers sports venues. It makes it an offense to intentionally or knowingly operate a drone over a sports venue at no more than 400 feet above ground level. The venue must have a seating capacity of 30,000 or more people ^[7].

The sports-venue and critical-infrastructure provisions each exclude an operator using a drone for a commercial purpose. The operation must comply with each applicable FAA rule, restriction or exemption, and all required FAA authorizations ^[7]. Ask a lawyer whether your flight fits that exclusion.

What did the Fifth Circuit decide?

Journalists challenged the Texas law. The Fifth Circuit noted that the law's twenty-one exceptions to the surveillance provisions do not include a specific exemption for the press ^[2].

In January 2024 the court held that the media plaintiffs' facial First Amendment challenges failed. It did not foreclose as-applied constitutional defenses to hypothetical future prosecutions ^[2]. It also affirmed dismissal of the preemption claims ^[2].

The full opinion is available for readers who want the primary text.

Other states may differ. Check your state's law before you fly there.

Step-by-step: pre-flight checklist for a reporter

Run through this list before each news flight.

1. Confirm you hold a remote pilot certificate with a small UAS rating ^[3].
2. Register each drone you plan to fly ^[1].
3. Check the airspace class. Class B, C, D and E airspace need ATC authorization ^[1].
4. Check whether a TFR covers your location. Violations can bring sanctions from warnings to certificate revocation ^[4].
5. Plan your altitude. The standard limit is 400 feet above the ground, unless you stay within 400 feet of a structure ^[1].
6. Check the time. Plan for daylight, or twilight with anti-collision lighting ^[1].
7. Plan to keep the drone in sight. Add a visual observer if you fly First Person View ^[1].
8. Plan shots so you do not fly over people who are not part of the operation ^[1].
9. Check state law, including privacy and sports-venue rules ^[7].

You can also join the National Press Association as an independent journalist. Membership does not change any flight rule above.

What are the limits, and when should you get a lawyer?

This guide covers the main federal rules and one state example. It does not cover every rule, waiver or local ordinance.

Get advice from a media lawyer before you fly if your plan involves any of these:

• A shot over people that the standard rules do not clearly allow ^[1].
• A TFR, where violations can bring sanctions ^[4].
• Private property in a state with a drone privacy law ^[7].
• A sports venue or critical infrastructure ^[7].

The Fifth Circuit did not foreclose as-applied defenses to the Texas drone law. It also noted that the law has no specific press exemption ^[2]. Treat a federal certificate as the start of your checks, not the end. Your own legal risk depends on your facts and your state's law.