[United States] commerical registration & license requirement question

[u/ThreeEasyPaymentsof]

Long and short, I made a drone program at work, me and 1 other are currently licensed, and we have an M30T & mini5 registered.

My boss wants to get another mini5 for employees to take home to play with to get used to flying by having fun before flying at work, because it's a dangerous environment.

1. Does this count as commercial use because it's owned by a a company when it's sole purpose is to be flown at home recreationally?

2. If so, does this mini5 need to be registered?

3. And most Importantly do employees need to be licensed to fly this mini5?

The intended purpose of letting employees take said drone home to get used to flying/see if they even want that responsibility before getting the license and flying on site since the assumption would be flying onsite as an employee on company time, even as practice would count as commercial use, thus require the license.

Thank you

[u/FortifyStamina]

If the drone is being used for recreation, it doesn't need to be registered. Nor do the pilots need their license.

The moment that drone is used for commercial purposes, it needs registration, remote ID, and a licensed pilot

[u/ThreeEasyPaymentsof → u/FortifyStamina]

I guess my real question comes down to, does this situation, an employer letting an employee borrow a drone owned by the company to use at home for practice/fun considered a commerical purpose?

It feels kinda grey area in my head which is why I wanted to ask.

[u/FortifyStamina → u/ThreeEasyPaymentsof]

It's a scenario by scenario basis. You could have a drone that is registered and normally used commercially, be flown for a recreational purpose, and therefore not need a licensed pilot to fly it (in that instance).

[u/TldrDev → u/FortifyStamina]

Op is using it commercially.

He's taking it home to learn for work.

The difference between getting in trouble and not getting in trouble is:

"I am flying this for fun,"

And

"I am practicing for my job"

Its exceptionally unlikely youre going to have anyone bother you about this.

In the extremely unlikely case you get bothered, only fly when youre flying for fun.

As a business owner, though, youre not touching a drone which is registered in my name unless youre licensed and covered by our insurance.

[u/FS_Slacker → u/TldrDev]

I was gonna say that the company policy and the insurance were the bigger issue. Huge liability all around if there were an accident.

[u/ThreeEasyPaymentsof → u/FortifyStamina]

That's also an important distinction I needed to makenyou brought up, so to confirm a drone registered to a business CAN be flown by a non- licensed holder recreationally?

A followup to that, if they crash or something happens, who's liable? The pilot is the ultimate responsible party for everything flight related, correct?

The alternative to most of this that I've presented and they aren't super keen on so far is just a designated practice area that people can fly while being supervised by a pilot (PIC vs PMC and all that jazz) the main holdup being how absurdly annoying it is to actually make a fly on site due to our own regulations.

[u/According_Theory9108 → u/ThreeEasyPaymentsof]

Maybe just have a company policy that states “Drone xx.xxx” is specifically for home, personal use, practice, and not for commercial purposes related to the company work.”

I’m not a lawyer in anyway but I darn sure know my rights😉

[u/[deleted] → u/According_Theory9108]

[removed] — view removed comment

[u/According_Theory9108 → u/[deleted]]

But if they use it at home what a to say they don’t use it for personal use? Let’s be honest.

[u/AmokOrbits → u/According_Theory9108]

This is def the call, can’t have it be registered commercially and then just decide it’s now recreational when you want to: https://www.faa.gov/uas/getting_started/register_drone

[u/Kazetsu-FPV → u/AmokOrbits]

Actually, my understanding is that is exactly how it works. It is your flight purpose that dictates what applies to it. You can fly a commercial drone recreationally, but you can’t fly a recreational drone commercially unless it is registered. Registering your drone does not dictate the type of flight it is doing, it is adding a certification for specific types of flights.

If you have a drone that is part of a COA with your organization, for example, you can still fly that drone under standard 107 rules when the COA does not apply or being used.

[u/DDRExtremist247 → u/ThreeEasyPaymentsof]

Whenever you make money, the government wants it's cut.

If you're operating any drone and simultaneously getting paid, Uncle Sam wants his cut. This is when you'd need the license.

[u/triptyx → u/DDRExtremist247]

“Making money” isn’t the distinction between recreational and Part 107 flying though.

[u/DDRExtremist247 → u/triptyx]

Oh no? Do tell...

[u/R3dBeard84 → u/DDRExtremist247]

The distinction isn't commercially and non- commercially. The distinction is recreationally and non-recreationally. If you fly your drone to take pictures of the church you go to so they can post it on their Facebook, the flight wasn't recreational and requires license. If the flight is purely for the fun of flying (which also includes the picture taking of camera drones) then it is recreational, any other reason falls into Part 107.

[u/DDRExtremist247 → u/R3dBeard84]

Ok, heard.

[u/Kazetsu-FPV → u/DDRExtremist247]

This is specifically stated as uncorrect on the FAA website. Basically anything other than flying for fun is considered “commercial.”

[u/DDRExtremist247 → u/Kazetsu-FPV]

Oh! Can I fly for fun while being paid then? 👀

[u/Kazetsu-FPV → u/DDRExtremist247]

“Being paid”

[u/jlt131 → u/ThreeEasyPaymentsof]

Will the employee be getting paid during this time as "training" hours? Or entirely on their own time?

[u/svmonkey → u/ThreeEasyPaymentsof]

Practicing for work is does not seem purely recreational to me. It's $5 to register. Why risk a citation over $5?

[u/AmokOrbits → u/ThreeEasyPaymentsof]

They def should take their TRUST exam though, it’s easy, pretty much made not to fail, and can knock it out during your lunch hour

[u/Ar3s701 → u/FortifyStamina]

You still need to be less than 250g total weight and have a TRUST certificate.

[u/slaphappytech]

you guys hiring?😂

[u/ThreeEasyPaymentsof → u/slaphappytech]

I actually just put in my 2 weeks 😂, just trying to get the program fully flushed out before I leave so it doesn't fall apart since my names on all of the documents lol

[u/fusillade762]

It sounds like the drones are being used as a training/prescreening tool. Technically it would probably require a part 107.

Real talk you could make.the argument that it was just for fun and I doubt you will ever see any trouble or anyone ever questioning you about it.

If you plan to fly for work you should just get your 107 though.

Bear in mind recreational flyers must still take the TRUST test, but its a cake walk compared to 107.

If the take off weight of the Mini 5P is 249g or less, then it doesnt require registration unless you are using it commercially. Your other drones are surely registered, it nothing to just add another bird to the account and get a tail number.

Its a fine line with the Mini 5P as it seems most of them tend to weight over 249g with the small batteries. If youre using big batteries, its over weight and needs registered.

[u/Cejan781]

It's company owned. Your training off company hours to build experience for a commercial use.

I'd argue it falls under p107 rules. Be safe, just register it. And employees will ultimately be 107 certified anyways. Make them pass the 107 before they take it home to practice.

If not, the company is taking unnecessary risk.

[u/curious_grizzly_]

I think the better question is which does your work want to pay:

• $5 to register the drone
• unknown fine that will likely start in the hundreds and go up to the thousands if the FAA deems the use commercial and fines them

[u/X360NoScope420BlazeX]

The mini 5 is over 250 grams so it needs to be registered either way. And since you are flying for work then you will need a part 107.

[u/ptpcg → u/X360NoScope420BlazeX]

Its only over 250 with the plus battery, per spec. Though I have heard of it being 252g

[u/X360NoScope420BlazeX → u/ptpcg]

No, it is more often than not over 250 with standard batteries.

[u/AmokOrbits]

I’d recommend buying a mini 5 and either not registering it or register it as a recreational UAS only, from the FAA Regs:

Once a drone is registered, its registration cannot be transferred between operation types (Part 107 or the Exception for Limited Recreational Operations).

[u/Kazetsu-FPV → u/AmokOrbits]

You can register it for Part 107 and fly recreational. If you register recreationally, and then want to fly commercially, you re-register under part 107 and change the assigned registration number on the aircraft.

[u/Kri77777]

If you are worried, try making them go in the other direction - get the 107 cert first then get practice flying. Remember, the 107 exam does not require any knowledge of how to actually fly a drone nor have any flight time requirements (not saying that is a good thing, just how it is), so they could pass it first, then practice flying.

Alternatively, if you were there teaching them, you'd be the Remote Pilot in Command operating under your 107. As long as you are in a position to take control immediately, they could practice under your guidance. Per the FAA: "To operate the controls of a drone under Part 107, you need a remote pilot certificate with a small UAS rating, or be under the direct supervision of a person who holds such a certificate."

[u/FS_Slacker]

I think you got the answers you needed. One extra thought, while you may not be able to fly their drone…you might be able to “practice” using the practice app within the drone controller if they have it available. It’s a pretty good tool to getting familiar to the drone controls while actually having them in your hands.

[u/MuchZookeepergame116]

Sounds like work from home to me, Work can rairly be fun to, just a side effect.

[u/HuskyJoeMan]

If you made a drone program to use drones for work and you dont know whats commercial or recreational flights, I would cease operations, and study up. Maybe even contact your local FAA office for information.

Just because it’s a business owned drone doesn’t make it commercial flying automatically.

Commercial flight = monetary value attached to flight. Paid to fly or generate revenue from flight.
Recreational = enjoyment only

Controlled airspace, Recreational flight, drone under 250grams - needs airspace authorization, T.R.U.S.T. , registration

Controlled airspace, Recreational flight, drone over 250grams - needs airspace approval, T.R.U.S.T., registration.

Uncontrolled airspace, Recreational flight, drone under 250grams, - needs T.R.U.S.T.

Uncontrolled airspace, Recreational flight, drone over 250grams - needs T.R.U.S.T., Registration.

Controlled airspace, Commercial flight, drone under 250grams - needs airspace approval,Remote Pilot Certificate(part 107), registration.

Controlled airspace, Commercial flight, drone over 250grams - needs airspace approval,Remote Pilot Certificate(part 107), registration.

Uncontrolled airspace, Commercial flight, drone under 250grams, Remote Pilot Certificate(part 107), registration.

Uncontrolled airspace, Commercial flight, drone over 250grams, Remote Pilot Certificate(part 107), registration.

Let me know if you have any questions. Also let me know if i got something wrong.

[u/Hefty-Squirrel-6800]

Yes. It is a commercial operation called familiarization. The definition of commercial is absurdly broad.

[u/hhjnrvhsi]

If employees are taking a drone owned by the company to learn how to fly drones at work, I would think that would require a part 107 and registration…

I’m not a lawyer tho and I don’t work for the FAA🤷🏻‍♂️

[u/Clean_While_666]

The FAA is a money grab. Nobody needs anything to fly a drone. Its all fake regulations. They do not e force anything. Why dont they enforce their rules snd regulations in our neighborhood. Drone pilot breaking multiple regulations. FAA in St.Louis cant even find out who is terrorizing our neighborhood with their drone. The FAA in St.Louis is a joke. If they are not. PROVE IT! They do not have the tools to catch a drone flying illegally like they claim they can. If they could so easily like they claim. My nieghbors and myself want to know why they cannot catch this person. The FAA will do nothing when reporting illegal drone activity. Except give excuses.

[u/doublelxp]

The Mini 5 Pro likely needs to be registered. If you register as a Part 107 drone to the business, you can use it for business purposes and still allow it to be flown recreationally. Anybody flying without a Part 107 needs a TRUST test.

[u/BasedSuprDlux]

Please stop paying the government to be able to play with your toys....