Part 107 vs Part 91 vs COA: drone rules for public agencies

Government agencies flying drones under 55 lb have two FAA options: fly under Part 107 like any certificated remote pilot, or fly as public aircraft under a Certificate of Waiver or Authorization (COA), which lets the agency self-certify its pilots and drones for governmental functions. Part 91 is the general operating rulebook for all aircraft; drone operators usually meet it through a COA, often for drones over 55 lb under a Section 44807 exemption. Part 61 is the manned-pilot certification rule, and it matters mainly as a shortcut to a Part 107 certificate.

Three FAA paths for drone operations — Summary based on FAA guidance. Most agencies start under Part 107; a public COA lets them self-certify for governmental functions.

Part 107: the default for most operators

Part 107 covers drones under 55 lb flown at or below 400 ft AGL within visual line of sight. Pilots hold a Remote Pilot Certificate, register every drone and broadcast Remote ID. Many rules can be waived, such as flying beyond line of sight or over people outside the standard categories. See Part 107 waivers.

The FAA tells public agencies they can use Part 107 too. Many police and fire departments do, because it's simple, every officer trains to the same national standard, and LAANC gives near-instant airspace approval.

Public aircraft operations with a COA

Federal, state, county, city and tribal agencies can instead fly as public aircraft under the statute (49 U.S.C. 40102(a) and 40125). The FAA issues a COA, and the agency self-certifies its drones and operators for flights that perform governmental functions. Key conditions in the FAA's guidance:

The drone must be owned or leased (90 continuous days minimum) and operated by the government agency.
Flights can't be commercial, meaning no compensation or hire.
The flight must meet the statutory definition of a public aircraft operation; routine tasks that aren't governmental functions may need Part 107 instead.

Agencies like public COAs because they control their own training and pilot standards. The trade-off is more paperwork and an application process. The FAA's online COA service (CADZ) is currently limited to Department of Defense users; other agencies start with the FAA's guide for public agencies on the FAA public safety page.

Part 91 and Section 44807

Part 91 holds the general operating and flight rules that apply to all aircraft. Part 107 replaced most of it for small drones. Drone operators run into Part 91 mainly when they fall outside Part 107, for example a civil operator flying a drone of 55 lb or more.

For those cases, the FAA grants exemptions under 49 U.S.C. 44807, issued case by case, then a COA for the airspace. The FAA issues a "blanket" COA for flights at or below 400 ft in Class G airspace to holders of a 44807 exemption. Large spray drones such as the Agras T50 are a common example. See the FAA's Section 44807 page.

Part 61 and Part 107

Part 61 certifies manned-aircraft pilots. It doesn't authorize drone flights on its own. Its link to drones: a Part 61 pilot with a current flight review can earn a Part 107 certificate through a free online course instead of the knowledge test. Details are in Part 107 for private pilots.

Which path should an agency choose?

Starting a program fast: Part 107. Train pilots, register drones, use LAANC.
Want agency-controlled standards for governmental missions: add a public COA.
Heavy drones or unusual operations as a civil operator: Section 44807 exemption plus COA.

Many agencies run both Part 107 and a COA so they can pick the right authority for each mission. Thermal drones like the Matrice 4T are common in these programs. Contact us for enterprise quotes.

Rules current as of October 2026. This is general information, not legal advice.