Do Private Investigators Need a Drone Flying License? Understanding Federal Regulations

For private investigators, using a drone (also known as an Unmanned Aircraft System – UAS) as part of their investigative work generally falls under commercial use according to Federal Aviation Administration (FAA) regulations. This means if you’re using a drone for any purpose connected to your business, such as surveillance, accident scene reconstruction, or gathering evidence for a client, you are not flying merely for recreational purposes.

Under these federal regulations (specifically 14 CFR Part 107), anyone operating a drone for commercial purposes must obtain a Remote Pilot Certificate from the FAA. Flying without this certification for commercial operations can lead to significant penalties.

The Easiest Way to Get Your Drone Flying License (Remote Pilot Certificate)

The process to obtain your FAA Remote Pilot Certificate is standardized and relatively straightforward if you prepare adequately. Here’s a breakdown of the steps involved:

1. Eligibility Requirements:
   • You must be at least 16 years old.
   • You must be able to read, speak, write, and understand English.
   • You must be in a physical and mental condition to safely fly a drone.
2. Learn the Rules and Regulations (Part 107):
   • You need to understand the FAA’s rules for flying drones under Part 107. These rules cover areas such as operational limitations (e.g., flying height, not flying over people, daylight operation unless equipped for night flight), airspace classifications, and emergency procedures.
   • The FAA provides free study materials and resources on its website. Many third-party organizations also offer paid training courses, which can be very helpful in preparing for the exam.
3. Pass the Initial Aeronautical Knowledge Test:
   • You must pass an initial aeronautical knowledge test (often referred to as the “Part 107 test”) at an FAA-approved Knowledge Testing Center.
   • The test covers topics like applicable regulations, airspace classification, operating requirements, weather, and drone performance.
   • When you’re ready to take the test, you’ll need to schedule an appointment with a Knowledge Testing Center. There is a fee to take this test.
4. Apply for Your Remote Pilot Certificate:
   • Once you pass the knowledge test, you will need to complete FAA Form 8710-13 for a remote pilot certificate using the FAA’s Integrated Airman Certificate and/or Rating Application system (IACRA).
   • You will also undergo a TSA security background check.
   • After successful review and background check, the FAA will issue your Remote Pilot Certificate. This can be a temporary certificate initially, followed by a permanent card.
5. Register Your Drone:
   • Drones weighing more than 0.55 pounds (250 grams) and less than 55 pounds must be registered with the FAA. You can do this online through the FAA DroneZone website. You’ll need to mark your drone with the registration number.

Key Considerations for Private Investigators:

• Professionalism and Legality: Holding a Remote Pilot Certificate demonstrates professionalism and ensures you are operating within the legal framework, which is crucial for the admissibility of any evidence collected.
• Ethical Operations: Beyond FAA regulations, PIs must also consider privacy laws and ethical implications when using drones for surveillance or information gathering.
• Recurrent Training: While the initial knowledge test is key, remember that to maintain your privileges, you’ll need to complete recurrent online training provided by the FAA every 24 calendar months.

By following these steps, private investigators can legally incorporate drone technology into their practice, leveraging its capabilities while adhering to federal regulations.