Why is the FAA Part 107 license minimum age 16?

[jaysmithtechtv]

I am amazed at how seemingly everyone is interpreting my question incorrectly. I, along with everyone else who is under the age of 16, am going to wait until then to get the license. I am not a politician, I am not a rule maker. But I just can't seem to figure out why you guys are responding negatively. I tried to word my question politely while getting the point across and all I've gotten back basically is "you're immature" "people your age should not be flying drones." Why is everyone answering rudely? I just asked a simple question. If you don't have an answer that doesn't mean that you have to leave an insult.

Sorry, didn't mean to respond to you.

 

[jaysmithtechtv]

I made several points, but that wasn't one of them.

So what exactly did you mean by this?

1. Recreational flying is only exempt from Part 107 because Congress got in the way of consistent, sensible legislation.

 

[bcfd29]

My take (feel free to flag or delete) is that the age limit is a function of liability and contract law (and therefore lawyer induced trauma) so that there can be legal remedies such as cost recovery applied to the license holder in civil court. Under a certain age range, the courts in the US have difficulty assigning strict liability to an individual as they are deemed "not competent" (like some adults no matter their physical age - myself included). For you to engage in a commercial agreement to provide a service, and take on the responsibility of that contract, and be financially responsible for the outcome of your actions is the basis for this decision. Part 107 is all about COMMERCIAL flight activity, so that is why I am theorizing this as the reason.

Take your time Jay, and by the time your ready to take the exam get a perfect score...stay safe, have fun and continue to push the envelope (safely). The world needs more driven people that are willing to excel and ask questions like why. Try finding a 107 pilot near you that is willing to mentor you and learn while you wait for that calendar date and use the time wisely....

 

[sar104]

So what exactly did you mean by this?

1. Recreational flying is only exempt from Part 107 because Congress got in the way of consistent, sensible legislation.

You made the point that the recreational rules don't include that age limit. I was pointing out that the relatively relaxed requirements in the "Exception for Limited Recreational Operations of Unmanned Aircraft" are due to the restrictions on recreational flight regulation that were imposed on the FAA by Congress in the FAA Modernization and Reform Act of 2012 and then subsequently in the FAA Reauthorization Act of 2018. Part 107, which covers all other sUAS flights, is the set of regulations that the FAA proposed for sUAS, and things like the age requirement are simply consistent with the requirements for Part 61.

 

[Hegemone]

I would suspect that minimum employment age has something to do with this. This is a commercial certification and therefore enters the realm of employment and compensation and things like that.

Also if not employed by a parent company, even getting things like business liability insurance, a business license, a tax id, and all of that would also be incredibly difficult for people under 18 let alone under 16.

I have not done a lot of research on this and my comments are mostly speculation, so they might not be "good ones" but they are certainly reasons.

 

[Deleted member 114292]

So you're saying that you think that anyone under the age of 16 should not be allowed to fly drones or a drone?

You can fly a drone just not as a part 107 pilot.
You seem to be off to a bad start already. Go to Recreational Flyers & Modeler Community-Based Organizations and read up, so you are more informed.
In Florida the age limit for a commercial drivers license is 18, so your compareing apples to oranges

 

[theDRONEranger]

What was the response from the FAA when you asked them?

 

[jaysmithtechtv]

You can fly a drone just not as a part 107 pilot.
You seem to be off to a bad start already. Go to Recreational Flyers & Modeler Community-Based Organizations and read up, so you are more informed.
In Florida the age limit for a commercial drivers license is 18, so your compareing apples to oranges

I hate to disagree with you but a commercial drivers license according to Wikipedia is " a driver's license required to operate large, heavy, or placarded hazardous material vehicles in commerce." That would be a terrible thing to compare to because a commercial license is not a license to operate a vehicle and make money from it, but the operation of heavy equipment usually used in commercial settings. The FAA Part 107, from my possibly incorrect understanding, is not limiting the legality of flying drones, but what you can do with what you capture.

 

[sar104]

I would suspect that minimum employment age has something to do with this. This is a commercial certification and therefore enters the realm of employment and compensation and things like that.

Also if not employed by a parent company, even getting things like business liability insurance, a business license, a tax id, and all of that would also be incredibly difficult for people under 18 let alone under 16.

I have not done a lot of research on this and my comments are mostly speculation, so they might not be "good ones" but they are certainly reasons.

Actually it's not a commercial certification at all - Part 107 covers all non-recreational sUAS operations and doesn't even mention commercial operations. It covers everything where the intent of the flight is not just to have fun flying.

 

[jaysmithtechtv]

My take (feel free to flag or delete) is that the age limit is a function of liability and contract law (and therefore lawyer induced trauma) so that there can be legal remedies such as cost recovery applied to the license holder in civil court. Under a certain age range, the courts in the US have difficulty assigning strict liability to an individual as they are deemed "not competent" (like some adults no matter their physical age - myself included). For you to engage in a commercial agreement to provide a service, and take on the responsibility of that contract, and be financially responsible for the outcome of your actions is the basis for this decision. Part 107 is all about COMMERCIAL flight activity, so that is why I am theorizing this as the reason.

Take your time Jay, and by the time your ready to take the exam get a perfect score...stay safe, have fun and continue to push the envelope (safely). The world needs more driven people that are willing to excel and ask questions like why. Try finding a 107 pilot near you that is willing to mentor you and learn while you wait for that calendar date and use the time wisely....

This is the type of answer that I have been looking for. Thank you @bcfd29!

 

[dawgpilot]

The FAA Part 107, from my possibly incorrect understanding, is not limiting the legality of flying drones, but what you can do with what you capture.

Another user already corrected you on this, but a 107 goes way beyond just being able to "sell photos"; it basically covers any non-recreational use of a drone. This could involve things like pipeline inspections, delivering medical supplies, etc. A 107 certificate is also required if you want to seek authorization to fly at a higher altitude than the FAA's published facility map altitude for a given sector of controlled airspace.

 

[Deleted member 114292]

I hate to disagree with you but a commercial drivers license according to Wikipedia is " a driver's license required to operate large, heavy, or placarded hazardous material vehicles in commerce." That would be a terrible thing to compare to because a commercial license is not a license to operate a vehicle and make money from it, but the operation of heavy equipment usually used in commercial settings. The FAA Part 107, from my possibly incorrect understanding, is not limiting the legality of flying drones, but what you can do with what you capture.

I see but you do agree with your comparison to a driver's license
lol

 

[jaysmithtechtv]

I see but you do agree with your comparison to a driver's license
lol

Yes, because a drivers license is of more responsibility than selling drone footage in my opinion.

 

[jaysmithtechtv]

Another user already corrected you on this, but a 107 goes way beyond just being able to "sell photos"; it basically covers any non-recreational use of a drone. This could involve things like pipeline inspections, delivering medical supplies, etc. A 107 certificate is also required if you want to seek authorization to fly at a higher altitude than the FAA's published facility map altitude for a given sector of controlled airspace.

Okay, then whY didn't they just say that people can fly drones and sell the footage just not take jobs. I would absolutely understand that.

 

[Deleted member 114292]

Okay, then whY didn't they just say that people can fly drones and sell the footage just not take jobs. I would absolutely understand that.

We said that several times.

If you had bothered to follow the link and read the rules you also would have know that.

 

[Hegemone]

Actually it's not a commercial certification at all - Part 107 covers all non-recreational sUAS operations and doesn't even mention commercial operations. It covers everything where the intent of the flight is not just to have fun flying.

I should have been clearer that 107 "includes" activity common to commercial usage and covered as one intent other than recreational, but I trusted the forum would correct any innacuracies and per usual it did.


Edit: Here is a statement made by the FAA regarding the purpose/benefits of part 107 and their use of "commercial" in the dialogue.

"This Part 107 small UAS rule is an “enabling rule,” which effectively reduces the
cost of entry into the non-recreational, non-hobby (or “commercial”) market for UAS
services. "

Source:

Fact Sheet – Small Unmanned Aircraft Regulations (Part 107)

www.faa.gov

Quote from page 556 of PDF available here:

https://www.faa.gov/uas/media/RIN_2120-AJ60_Clean_Signed.pdf