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Recreational TRUST vs. Part 107: Which Rules Apply?
A source-linked decision guide to the recreational exception, TRUST, and Part 107—starting with the purpose of the flight and every condition of 49 U.S.C. § 44809.
Last reviewed: October 18, 2026
Always confirm with current FAA sources (faa.gov/uas).
Compare the two operating paths
TRUST is a test required for the statutory recreational exception. Part 107 is a separate operating rule with its own pilot-certificate and flight requirements.
| Question | § 44809 recreational exception | 14 CFR Part 107 |
|---|---|---|
| When can this path apply? | Only when the aircraft is flown strictly for recreation and every applicable condition of 49 U.S.C. § 44809 is met. | The FAA says almost all non-recreational small-drone flying is regulated by Part 107; the rule also permits recreational operations when the pilot follows Part 107. |
| What does the pilot need? | Pass TRUST before flying under the exception and maintain proof of passage. | Meet the Remote Pilot Certificate and aeronautical-knowledge-recency requirements. TRUST does not grant Part 107 privileges. |
| Which rules govern the flight? | All § 44809 conditions, including CBO safety guidelines, visual line of sight, right of way, airspace limits and authorization, TRUST, and applicable registration and marking. | 14 CFR Part 107, including its pilot, aircraft, airspace, and operating requirements. |
| Does money decide the category? | No. Purpose matters; the FAA says compensation or no compensation is not the single determining factor. | No. Classify the actual purpose and applicable authority for the operation; do not use payment alone as the test. |
| If the pilot already holds a Part 107 certificate | If choosing to operate under § 44809, the pilot must still pass TRUST and keep proof. | The pilot may fly a recreational-purpose flight under Part 107 but must follow Part 107 entirely for that flight. |
Start with the purpose of the flight
Recreational status is not decided simply by whether money changes hands. The FAA says compensation—or the absence of compensation—is not the single factor that determines whether a flight is recreational. Section 44809 is a limited exception for an aircraft flown strictly for recreational purposes, and the operator must also satisfy every applicable condition in the statute. The FAA lists examples such as taking photos to help sell property or a service and volunteering to survey a coastline for an organization as non-recreational operations.
The recreational exception has a full set of conditions
Under 49 U.S.C. § 44809(a), the flight must be strictly recreational; the aircraft must be operated in accordance with or within the programming of a community-based organization’s FAA-coordinated safety guidelines; the aircraft must remain within visual line of sight of the operator or a qualifying co-located visual observer; and it must not interfere with and must give way to manned aircraft. The operator must obtain required prior authorization in the specified controlled airspace, follow airspace restrictions and the statute’s Class G altitude limits, pass the aeronautical knowledge and safety test and keep proof available, and register and mark the aircraft as required while keeping registration proof available. The statute has details and limited fixed-site provisions, so read its current text before relying on the exception.
TRUST is the test for flying under the exception
If you operate under the recreational exception, you must pass The Recreational UAS Safety Test (TRUST) before flying and carry proof of passage. Section 44809 says proof must be maintained and made available to the FAA Administrator or law enforcement on request. The FAA also tells recreational flyers to carry their proof while flying. TRUST is an aeronautical knowledge and safety test; it is not a Remote Pilot Certificate and it does not authorize a Part 107 operation.
How the approved TRUST test is delivered
The FAA provides TRUST content and works with approved Test Administrators that deliver the online test. According to the FAA, every FAA-approved administrator offers it free, test questions can be corrected to 100% before the completion certificate is issued, and the administrator you select provides the certificate. The FAA says administrators do not keep a record of your certificate, so download, save, or print it and keep your own copy. Those are details of the FAA-approved test delivery system; the legal requirement is to pass TRUST and maintain proof when flying under § 44809.
Part 107 is a separate operating and pilot-qualification path
The FAA describes Part 107 as the rule for almost all non-recreational small-drone flying and says it also permits operations for work, business, education, public-safety missions, and recreation. To act as the remote pilot in command under Part 107, meet its Remote Pilot Certificate requirements and the operating rules in 14 CFR Part 107. The usual initial path includes the UAG aeronautical knowledge test; some current Part 61 pilot-certificate holders with a current flight review may use the FAA online training path instead. Part 107 pilots must keep aeronautical-knowledge recency under § 107.65. The certificate and its training requirements are separate from TRUST.
A Part 107 certificate does not waive TRUST under § 44809
The FAA Aeronautical Information Publication addresses this directly: a current Part 107 small UAS certificate holder may fly recreationally under Part 107, but must follow Part 107 entirely for that flight. If that pilot chooses instead to operate under 49 U.S.C. § 44809, the FAA says they must take and pass TRUST. Holding a Part 107 certificate is not a blanket TRUST waiver.
Check registration and Remote ID separately
Registration and Remote ID obligations depend on the aircraft and the operating path; they do not replace the purpose and eligibility analysis. The FAA describes separate recreational and Part 107 registration categories and states that a drone registered under the recreational exception cannot be flown under Part 107. Confirm the current registration, marking, Remote ID, airspace, and operating rules for the flight you plan.
Educational use needs its own eligibility check
The FAA says educational drone operations may be flown under § 44809 or Part 107. Its Educational Users guidance describes a specific route under the exception for qualifying institutions of higher education, JROTC programs, and educational programs chartered by an FAA-recognized community-based organization; other programs must meet that guidance or use Part 107. A school, student project, or learning goal alone does not make a flight recreational. Check the FAA’s current educational-user guidance and the statute for the operation at hand.
Before you fly
A practical decision path
01 · Describe why this specific flight is being made
Look at the purpose of the operation, not just whether anyone is paid. A helpful photo for a property sale, an inspection, or a volunteer task for an organization can be non-recreational under the FAA’s examples.
02 · Check every condition in 49 U.S.C. § 44809
Use the recreational exception only if the purpose is strictly recreational and you can meet all applicable statutory requirements for community-based organization guidance, visual line of sight, yielding to other aircraft, airspace and altitude limits, TRUST and proof, and registration and marking.
03 · If you choose the exception, complete TRUST first
Pass TRUST before flight, keep your completion proof with you, and follow all the other conditions of the exception. Use the FAA recreational-flyer guidance and current statute as your operating references.
04 · If the flight is not eligible for § 44809, identify its applicable rule
For almost all non-recreational small-drone operations, the FAA points operators to Part 107. Meet the Remote Pilot Certificate, knowledge-recency, and operation-specific requirements before conducting a Part 107 flight. Specialized operations can have other applicable rules.
05 · If you hold a Part 107 certificate, choose the path for this flight
You may follow Part 107 in full, including for a recreational-purpose flight. If you instead want to operate under the § 44809 exception, pass TRUST and satisfy that exception’s other conditions.
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Read related guideOfficial FAA sources
- 49 U.S.C. § 44809 — Exception for limited recreational operations
- FAA Recreational Flyers & Community-Based Organizations
- FAA: The Recreational UAS Safety Test (TRUST)
- FAA Aeronautical Information Publication, Chapter 11, Section 5: UAS Pilot Testing, Certification and Responsibilities
- FAA Educational Users
- 14 CFR Part 107 — Small Unmanned Aircraft Systems
- FAA Certificated Remote Pilots including Commercial Operators
- FAA: How to Register Your Drone
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