FAA Part 107, in plain English
What a drone can (and can't) do
Anyone flying a drone for pay has to follow the FAA's Part 107 rules. Here's what they mean for your shoot, so you know what's possible before you book.
The main rules
Height: 400 feet
Drones can fly up to 400 feet above the ground. Next to something taller, like a condo tower or a crane, the drone can go up to 400 feet above that structure as long as it stays within 400 feet of it.
For you: 400 feet is plenty. Most real estate shots look best between 80 and 250 feet.
The pilot has to see the drone
The pilot must be able to see the drone with their own eyes the whole flight, with no binoculars, and either the pilot or a visual observer has to keep watching it. The camera screen doesn't count.
For you: we set up close to your property. Big acreage or long stretches of coastline may need a few launch spots.
Sunrise, sunset and night
Daytime flying is allowed, plus twilight (30 minutes before sunrise and after sunset) with an anti-collision light visible for at least 3 miles. Night flights are legal too, as long as the pilot has completed the FAA's night training and the drone has that same light.
For you: golden-hour and twilight shots of your home lit up are on the table. So are some night events.
Weather and visibility
The FAA requires at least 3 miles of visibility and keeping the drone at least 500 feet below clouds and 2,000 feet away from them sideways. On top of that, we won't fly in rain, storms or wind strong enough to hurt the photos.
For you: we check the forecast the day before. If it looks bad, you get a heads-up and a free reschedule.
People and crowds
Flying over people depends on the drone's FAA category. Even when a drone qualifies, flying over open-air crowds (concerts, races, festivals) is heavily restricted. People who are part of the shoot, or who have been told the drone is flying over them, are treated differently from the general public.
For you: at events we film from the side and keep the drone off the crowd. If you're the subject (a wakeboarder, a rider, a wedding party), we plan the shots together.
Moving cars and drift events
A drone can't hang over moving cars on public roads. With a drone that meets one of the FAA's over-people categories, it's allowed over a closed course or restricted site when everyone in the vehicles knows a drone may fly over them, or when the drone passes over without lingering.
For you: drift days, motorcycle shows and track days work great on a closed lot or track, with the drivers in the loop.
Near airports
Lots of homes and businesses across the country sit in controlled airspace near an airport. Around our home base, for example, much of Daytona Beach, Holly Hill and South Daytona sits near Daytona Beach International. Flying there needs FAA permission first, usually through LAANC, an instant approval system. A few spots right by the runways can't be approved.
For you: when you book, the site checks your address and tells you if it's in controlled airspace. Your pilot requests the approval, and you'll know before you pay if your address can't be flown.
Race days, stadiums and other no-fly times
The FAA puts temporary no-fly zones (TFRs) over major sporting events, including big races at Daytona International Speedway, starting an hour before and ending an hour after the event, within about 3 nautical miles. They also pop up for VIP visits, wildfires, rocket launches and hurricane recovery.
For you: we check for TFRs before every flight. If one lands on your date, we pick a new one.
Remote ID
Drones have to broadcast an ID signal, like a digital license plate, either built in or with an add-on module. Most new camera drones, like the DJI Mavic 4 Pro, have Remote ID built in.
State privacy laws
Many states have their own drone laws on top of the FAA's. Florida is a good example: Statute 934.50 bars using a drone to record private property for surveillance without the owner's written consent, and Statute 330.41 restricts flying over or near critical infrastructure like power plants, water treatment, ports and prisons. Other states have similar rules, so Apex follows the owner-consent rule everywhere we fly.
For you: we only photograph property you own or have permission to shoot, and we keep the camera off the neighbors.
So what can we do?
✓ Usually yes
- Your home, listing, roof or land, up to 400 ft
- Sunrise, sunset and twilight shots
- Construction sites on a set schedule
- Wakeboarding, boating, drift and moto days on private or closed sites
- Events, filmed from the side
- Near airports, with FAA approval first
✕ Usually no
- Hovering over crowds at a concert, race or parade
- Following cars on open public roads
- The Speedway area during a race (TFR)
- Filming a neighbor's yard or property without their OK
- Flying in rain, storms or poor visibility
- Right next to runways, or over power plants and prisons
Common questions
Can you fly at the beach?
Usually, yes. We keep clear of crowds and pick quieter times, like early morning or golden hour. Some beaches are inside controlled airspace, and we get approval for those.
Do I need to do anything for the airspace approval?
No. We handle it. You just book, and we'll let you know if your address needs special timing or can't be approved.
Can you fly over my party or wedding?
We can film it beautifully from the side and from above the open space next to it. Flying directly over guests is limited by the FAA, so we plan the shots before the day.
Why should I hire a licensed pilot instead of a friend with a drone?
Anyone flying for pay needs an FAA Part 107 certificate, and the FAA can fine unsafe or unauthorized flights. A licensed, insured pilot knows the airspace, gets the approvals, carries liability insurance and protects you if something goes wrong.
What if the weather turns?
We check the forecast the day before. If wind, rain or storms make it unsafe, you get a heads-up and a link to pick a new date. Rescheduling for weather is always free.
This page is a plain-English summary to help you plan a shoot. It isn't legal advice and doesn't cover every detail of the rules. The FAA's own pages (below) have the full rules.
Have a shoot in mind?
Tell us the address and what you want, and we'll check the airspace and the rules for you.
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