Hey everyone! I just joined and I have a couple questions. Hopefully this isn't something that is constantly asked. I have been researching the rules for these two licenses for the past few days and seem to get some contradicting answers.

My step mom bought a Phantom 4 Pro +. I was going to buy my own as well, but she wants to just share it with me. Which is fine by me, as long as we can legally do so. This will simply save us money.

She wants to just fly for hobby and fun. So she obviously just needs a Section 336. She has gotten her number and looks like she just needs to tape the number into the battery compartment or onto the exterior of the drone. She doesn't have to register the drone itself as far as I can tell.

I do photography semi professionally. I mostly do it for hobby, but I do sell prints and what not off of my site. Because I will be putting my photos up for potential sale, I assume I need the Part 107 license. If not, can I fly for hobby under a 336, put my photos onto my website with the rest of my photography and be ok? Or is the fact that I am posting them for sale at all dictating that I need a 107?

I don't need to be an LLC etc. or work for someone to apply for a 107 right? I can simply be an individual?

Can I share my step mom's drone? It appears that I need to obtain my 107 license, register the drone, and then I can fly it for the purpose that I want to use it for. But would she be able to use the drone even though I have registered it as a 107 drone? I am assuming not. In which case, do I need to buy my own drone so I can register it as a 107, and hers would simply not be registered apart from the pilot having a 336?

It looks like it would have worked out nicely if I could have gotten by with a 336 license, then we could just swap out our pilot registration numbers depending on who is using the drone. But if the drone is going to be registered as a 107, and i'm a 107 pilot, then she cannot use it, is the way I am understanding this.

It looks like the 107 license isn't really too hard to obtain. Is the below link the PDF that I need to study before going and taking the test? Is there anything else that I need to study other than the practice test? This manual doesn't seem incredibly long. So if I study this, I can go take a test at a testing facility and once I pass I receive a 107? Can this test be done online instead of going into a testing facility?

https://www.faa.gov/regulations_ ... lot_study_guide.pdf

I am trying to formulate this post in such a way that it hopefully clears up this gray area for other people as well. It has certainly had me confused and doing quite a bit more research than I feel like should have been necessary to know how to fly a drone legally for a specific purpose. I apologize if some of this is terribly redundant.

Thank you for your time and knowledge on these subjects.

Aloha CF,

     Well you seem to like playing with hornet's nests.  But, most of what you are indicating is fairly simple.  Basically, if two of you are claiming to use the same drone, you both need to put your FAA number on the same drone.  Now, there is not a specific FAA statement regarding this query (that I am aware of), but rarely does the FAA respond to such issues until an issue appears in the field.  That does not absolve you from asking for guidance from the FAA on this issue.  You still need to contact the FAA on this issue.  Only then can a "common sense" action like I am suggesting survive the "culpability" test.  You have only tried if you have asked the question.

     If you are a pilot, then the Part 107 test is easy.  If not, you might want to look further into the many sets of free sample questions available.  Charts and weather codes have been very challenging to Part 107 pilots but almost every one of them have said that the skill serves them well.  Sure a lot of the test is common sense, unless you think private citizens do not need to share our skies with a deference to manned flight.  (Hey, these idiots abide among us.)  

     At this time there are no "On-line Tests" except for renewals and I do not think they are even available yet for sUAVs.  But the FAA is working on it.  You will need to find a testing site.  There will also be periods before the issuance of these certificates.  For example, you have to go through a Homeland Security check.  That seems to take the most part of the time before the issuance of the certificate.

     If you do not have a part 107 certificate, you cannot sell aerial photos or videos from your web site.  The FAA responds to complaints in this area.  The citations issued to date seem to be concentrated in that area but mostly from abuse of any common sense that might apply under the most basic circumstances.

     Incorporation is for your protection.  If you need the commercial insurance, the best way is to create your own LLC.  LLC stands for a Limited Liability Corporation.  Liability means you can be sued if you have done wrong.  You need to do the math.  If you have good insurance or work already for a company that has really good insurance, you can simply be an individual or an employee.

     You and your step-mom - Happy Mother's Day! - do not have to swap out registration numbers because in what I have noted, they are both on the bird.  You will have to determine who is flying the bird when there is a liability issue though.  No one cares who pays the bill as long as the bill is paid.  But if you name is Bill Gates Jr, you might find that attorneys want more information.

     I cannot understand why you think that your step-mom cannot fly her bird if she bought it but you got your Pert 107 certificate.  The FAA is all about responsibility, not so much ownership.  Who flies the bird she bought is between the two of you, not some agency of any country or county, unless they have reserved the right to do so.

     For example, an aircraft can be owned by a company and has a registration number.  The plane is rented by a private person or a commercial entity.  The FAA is only concerned about who is flying the plane and if they have the proper certification.  Your step-mom has hobbyist and you Part 107.  Simple.

     The new FAA motto in the recent days of drones is something along the line of "Share the skies and act responsibly" or something like that.  The FAA is doing a great job in a very difficult situation and very difficult circumstances.  They need our support and cooperation.  There are more registered drones in only the USA than manned aircraft in the world.  Big job.

     Hope this helps!  Respond if you have more questions.

Aloha and Drone On!

I agree with Cetacean.  If you have a 107 and you want to fly 107, the AC you use must be registered under Part 107.  That doesn't mean she (or you) can't use it and fly under Sec 336 if you wish.  And if the AC happens to already be marked with a Sec 336 FA number, it doesn't matter, provided you register it and also mark it with your Part 107 registration number.  Good luck.

You will need to register the Phantom commercially (Part 107)  if you are going to generate any compensation in any form using the Phantom in any way. You only need one registration number to cover 336 and 107 but, it must be a 107 number. You do not need to be an LLC or Corporation but, it is  the smart move to do so Liability wise. The FAA study guide is just a foundation. You need a thorough understanding of the subject matter in the study guide. I would take an online course such as Gold Seal or Remote Pilot 101. You must take the test at a FAA Test Site.  There has been talk of on line re-testing for the renewal which is every two years but, nothing is out yet.

You should also review any state requirements for flying commercially.  Here in MN there are additional license and certifications required.  Mostly satisfied with the checkbook but insurance was one of them.

For the hobbyist you need to register 336;  for commercial purpose, you need to register 107.

djiuser_PEp4mLwh74c7 Posted at 2018-5-14 09:33
For the hobbyist you need to register 336;  for commercial purpose, you need to register 107.

If you register 107 you are good for recreational and commercial. You cannot have two tail numbers on one Aircraft.

Rodger8 Posted at 2018-5-14 10:33
... You cannot have two tail numbers on one Aircraft.

You're referring to a UAS - and you're referring to the hobbyist FA number and the Part 107 registration number.  Right?  

Do you have a link?   

Mark The Droner Posted at 2018-5-14 11:50
You're referring to a UAS - and you're referring to the hobbyist FA number and the Part 107 registration number.  Right?  

Do you have a link?

Yes Mark, You can only have one Tail Number. If he is going to do anything Commercial (any compensation at all in any form) he needs his Part 107 Certificate and his Phantom needs to be Registered as a Part 107 Commercial. He can and his mother can use the Phantom for Recreational purposes. I have my Part 107 Certificate and I Registered my Phantom and Inspire 2 as Commercial. The Recreational Guidelines are a bit more loose. So, If I am not flying for profit, Mapping, Insurance Inspections, Advertising, etc. That is considered Recreational. If I take a Photo and I have someone that would like to purchase it, the flight would be considered Part 107 Commercial. The fine line is whether you get any compensation and the Rules are much more stringent, waivers, airspace, time of day, etc. A lot of those requirements do not apply to Recreational. So in the end, if you Register the Phantom as a Part 107 Commercial, you can do both. Same Fee, and if you have your Part 107 Certificate you are covered. With that said, it does not mean that if you Register under Part 107, you are Part 107 Certified. To be Legal you need a Part 107 (Commercial) Tail Number and your Part 107 Certificate. Hope this helps.

Rodger8 Posted at 2018-5-14 13:45
Yes Mark, You can only have one Tail Number. If he is going to do anything Commercial (any compensation at all in any form) he needs his Part 107 Certificate and his Phantom needs to be Registered as a Part 107 Commercial. He can and his mother can use the Phantom for Recreational purposes. I have my Part 107 Certificate and I Registered my Phantom and Inspire 2 as Commercial. The Recreational Guidelines are a bit more loose. So, If I am not flying for profit, Mapping, Insurance Inspections, Advertising, etc. That is considered Recreational. If I take a Photo and I have someone that would like to purchase it, the flight would be considered Part 107 Commercial. The fine line is whether you get any compensation and the Rules are much more stringent, waivers, airspace, time of day, etc. A lot of those requirements do not apply to Recreational. So in the end, if you Register the Phantom as a Part 107 Commercial, you can do both. Same Fee, and if you have your Part 107 Certificate you are covered. With that said, it does not mean that if you Register under Part 107, you are Part 107 Certified. To be Legal you need a Part 107 (Commercial) Tail Number and your Part 107 Certificate. Hope this helps.

You keep calling it a "Tail Number."  I'm not accustomed to these numbers being referred to as "tail numbers" in regards to UAS.

It would seem to be a pretty silly idea to adhere two N numbers onto the outside of an aircraft.  But that's not what I'm referring to here.  

I'm referring to the hobbyist's FA number and also the Part 107 AC registration number.  

Your info seems to contradict my post #3.  That's why I asked for a link.  

Do you have a link?  

Mark The Droner Posted at 2018-5-14 14:01
You keep calling it a "Tail Number."  I'm not accustomed to these numbers being referred to as "tail numbers" in regards to UAS.

It would seem to be a pretty silly idea to adhere two N numbers onto the outside of an aircraft.  But that's not what I'm referring to here.  

Tail Number is your FAA Registration Number. Please read my post. The Link is understanding the Rules and Regulations.

Rodger8 Posted at 2018-5-14 16:13
Tail Number is your FAA Registration Number. Please read my post. The Link is understanding the Rules and Regulations.

Where is "FAA Registration Number" referred to as "Tail Number" or vice versa in regards to UAS?  I searched the www.faa.gov/uas site and couldn't find anything.  That's why I have repeatedly asked you for a link.  Do you have a link?  This is my third request.  I strongly suspect there is no link or any other information that designates an "FAA Registration Number" as a "Tail Number" in regards to UAS.  I believe you either assuming this or you are making this up.  

Do you have a link?  

What do you propose the OP to do if the hobbyist FA number is already permanently adhered to his stepmom's model and he wishes to use it to fly 107?  

Mark The Droner Posted at 2018-5-14 16:43
Where is "FAA Registration Number" referred to as "Tail Number" or vice versa in regards to UAS?  I searched the www.faa.gov/uas site and couldn't find anything.  That's why I have repeatedly asked you for a link.  Do you have a link?  This is my third request.  I strongly suspect there is no link or any other information that designates an "FAA Registration Number" as a "Tail Number" in regards to UAS.  I believe you either assuming this or you are making this up.  

Do you have a link?  

OMG!! Learn the Language. Do the homework. There is no link other than understanding the Rules and Regulations. I am not going to guide you, guide yourself by doing the homework and education. The OP asked for an opinion and that is what I gave from my studies and my Part 107 Certificate which obviously you do not have! and most likely are not capable of ever having!

So it's your opinion.  That's what I thought.   

I'll ask again.  

What do you propose the OP to do if the hobbyist FA number is already permanently adhered to his stepmom's model and he wishes to use it to fly 107?  ...in your opinion?

These have been some very informative posts. Thank you for the feedback everyone!

I will definitely get my Part 107 license, and I am pleased that my step-mom and I will be able to share the drone.

We will both be sure to get tape with our respective numbers and information that way we can swap out when we trade out as it appears we should not have both of our information on the drone at the same time. If it turns out we can, we will have both of our numbers taped into the battery compartment and we will be sure not to use something permanent.

Feel free to add any other information you may have or let me know if I have misunderstood something!

I am going to begin studying for my 107 test.

Mark The Droner Posted at 2018-5-14 17:49
So it's your opinion.  That's what I thought.   

I'll ask again.  

In my opinion and the FAA's, if he is going ton use ti commercially he needs his Part 107 Certificate and he needs to Register it Commercially under Part 107. The Recreational Tail Number is no good. Do yourself a favor and Google "Tail Number" which will tell you that a Tail Number is a Registration Number issued by the FAA. Both in my opinion and the Authority Having Jurisdiction!! The OP asked a question and I gave an answer. You keep wanting a link. Well there is no link to fixing stupid and arrogance. Spend the time and if you can, read the Rules and Regulations. To bad if you cannot or do not want to understand. Obviously the OP was asking for input to be on the right side before anything went wrong. Your knowledge is the same as your flight distance. Spend some time reading instead of looking for an easy answer that you want to hear. He needs to Register it Commercially, The Recreational Tail number is no good. He never asked how to remove it. Read and try to understand his questioning, not yours. If you have a question, ask. Do not expect me to give you an answer or to explain what you fail to understand to you. I have had enough of this.

In my opinion and the FAA's, if he is going ton use ti commercially he needs his Part 107 Certificate and he needs to Register it Commercially under Part 107. The Recreational Tail Number is no good. Do yourself a favor and Google "Tail Number" which will tell you that a Tail Number is a Registration Number issued by the FAA. Both in my opinion and the Authority Having Jurisdiction!! The OP asked a question and I gave an answer. You keep wanting a link. Well there is no link to fixing stupid and arrogance. Spend the time and if you can, read the Rules and Regulations. To bad if you cannot or do not want to understand. Obviously the OP was asking for input to be on the right side before anything went wrong. Your knowledge is the same as your flight distance. Spend some time reading instead of looking for an easy answer that you want to hear. He needs to Register it Commercially, The Recreational Tail number is no good. He never asked how to remove it. Read and try to understand his questioning, not yours. If you have a question, ask. Do not expect me to give you an answer or to explain what you fail to understand to you. I have had enough of this.

There is no such thing as a "Recreational Tail Number."  It's a phrase you made up.  There's also no such thing as a recreational drone registration or any other phrase you want to invent.  A hobbyist's model is an unregistered aircraft.  They're all unregistered.  It's the pilot who must register.  

The OP's stepmom's model is not registered.  

All the OP would have to do is register his stepmom's model as a Part 107 UAS , and then adhere the Part 107 registration number to the UAS as I outlined in post #3.  

Simple.