Top 5 common mistakes drones applicants make

Mistake 1: Treating FAA Certification as a Complete Compliance Checklist

What people do wrong: They pass the Part 107 knowledge test, register their drone, and assume they're legal everywhere. They fly over a California school, an Alabama corrections facility, or an Arizona wildfire perimeter — and discover that FAA certification says nothing about state criminal law.

Why it costs them: In California, flying over school grounds violates California Penal Code § 626.8. Flying over a state prison violates Penal Code § 4577. These are criminal statutes — the exposure isn't a fine, it's prosecution. In Arizona, A.R.S. § 13-3729 separately prohibits flights over correctional facilities and surveillance of individuals on private property. Alabama's HB 345 (enacted 2024) criminalizes flights over or near Department of Corrections facilities. None of these are FAA violations. The FAA can't help you when a state prosecutor is involved.

The fix:

1. After confirming FAA compliance, look up the state statutes for every state you operate in.
2. For California: check Penal Code §§ 402, 626.8, and 4577, plus Civil Code § 1708.8 before any shoot near schools, prisons, or emergency scenes.
3. For Arizona: review A.R.S. § 13-3729 and A.R.S. Title 37 before flying near correctional facilities, wildfires, or private property.
4. For Alabama: treat any flight near a corrections facility as presumptively prohibited under HB 345.

Mistake 2: Ignoring Local Ordinances Because "Airspace Is Federal"

What people do wrong: Operators correctly know that the FAA controls airspace — then incorrectly conclude that local governments have no authority over their flights. They skip checking city or county rules entirely.

Why it costs them: Local governments can't regulate airspace, but they can regulate takeoff and landing on city-owned property. In Alabama, which has no state preemption law, municipalities are free to restrict drone launches in city parks and on public land. California cities and counties routinely add permit requirements, flight-hour restrictions, and zone-specific bans on top of state law. Getting stopped mid-job because a park ranger enforces a city ordinance you didn't check costs you the shoot day — and potentially a client.

The fix:

1. Before any commercial job, call or email the relevant city or county parks/public works department. Ask specifically about drone launch and landing rules on their property.
2. In Arizona, HB 2875 (2026) significantly preempts local ordinances — but "significantly" isn't "completely." Verify which local rules remain enforceable through the Arizona Attorney General's guidance before assuming a Phoenix or Tucson ordinance is void.
3. Build a 15-minute local ordinance check into your pre-job workflow. It costs nothing and can save a $500–$2,000 day rate.

Mistake 3: Missing Remote ID Compliance on Older Aircraft

What people do wrong: Operators fly a drone they've owned for two or three years without checking whether it meets the Remote ID requirement that became enforceable in March 2024. They assume their existing registration covers it.

Why it costs them: Remote ID (14 CFR Part 89) is a separate requirement from FAA registration. A registered drone without Remote ID capability — either built-in or via a broadcast module — is not legally flyable in the U.S. This applies in every state covered here: Alaska, Arkansas, Alabama, Arizona, and California all operate under the same federal baseline. A broadcast module costs roughly $50–$150. Getting caught without one risks a civil penalty of up to $27,500 per violation under FAA enforcement. More practically, it can ground a commercial job on the spot if an inspector or law enforcement officer checks.

The fix:

1. Look up your drone model on the FAA's accepted Remote ID list at faa.gov.
2. If it's not on the list and doesn't have built-in Remote ID, buy an FAA-accepted broadcast module before your next flight. Budget $50–$150.
3. Carry documentation of your Remote ID compliance — either the drone's spec sheet showing built-in compliance or the module's acceptance documentation.

Mistake 4: Skipping LAANC Authorization for Controlled Airspace

What people do wrong: Operators check an app, see they're "near" an airport, decide it looks fine, and launch. They don't realize they're inside Class D or Class C airspace that requires authorization — or they assume the app's green color means they're automatically cleared.

Why it costs them: LAANC (Low Altitude Authorization and Notification Capability) gives near-instant authorization for many controlled airspace requests, but it is not automatic. You must actively submit a request and receive approval. Flying in controlled airspace without authorization is an FAA violation regardless of which state you're in. Enforcement can include certificate suspension or revocation for Part 107 holders — ending your ability to work commercially. Re-certification after revocation takes months and costs $150–$300 in test fees alone, plus lost income.

The fix:

1. Use the FAA's B4UFLY app or a LAANC-enabled app (AirMap, Aloft, Kittyhawk) to check airspace before every flight.
2. Submit your LAANC request at least 24 hours before a job in controlled airspace. Most approvals come back in minutes, but some require manual FAA review and can take 90 days.
3. Save your authorization confirmation. If questioned on-site, you need proof — not just a memory of having checked.

Mistake 5: Assuming Privacy Laws Only Apply to Obvious Surveillance Shoots

What people do wrong: Operators filming real estate, construction progress, or events fly over adjacent private property without thinking twice. They're not "surveilling" anyone — they're just getting a wide establishing shot. California and Arizona courts and statutes don't see it that way.

Why it costs them: California Civil Code § 1708.8 creates civil liability for using a drone to capture images of a person in a private space without consent — even if the drone is in navigable airspace. A plaintiff doesn't need to prove intent; they need to prove the drone was used in a manner that would offend a reasonable person. Civil suits under § 1708.8 can seek actual damages, punitive damages, and attorney's fees. Arizona's A.R.S. § 13-3729 includes criminal penalties for drone surveillance of individuals on private property. A single complaint from a neighbor during a real estate shoot can trigger either a civil claim or a criminal referral — neither of which is covered by most basic drone liability policies.

The fix:

1. Before any shoot near residential property, plan your flight path to avoid hovering over neighboring parcels at low altitude.
2. If your shot requires flying over adjacent private property, get written consent from the property owner. A simple email confirmation is sufficient documentation.
3. Review your liability insurance policy specifically for privacy-related claims. Many standard drone policies exclude intentional acts — and a plaintiff's attorney will argue your flight was intentional. Policies with privacy coverage typically run $500–$1,500/year for commercial operators; confirm coverage before you need it.

Frequently Asked Questions

Why doesn't the state regulate drone operations more strictly?

Drone operations are primarily governed by federal law, particularly FAA regulations, which preempt state laws in many areas. States can only impose additional restrictions that do not conflict with federal regulations.

What federal laws apply to drone operations in my state?

The primary federal law governing drone operations is the FAA's Part 107 regulations, which cover certification, operational limitations, and safety requirements. Additionally, Remote ID requirements under 14 CFR Part 89 are also federally mandated.

Are there any active legislative proposals regarding drone regulations?

Legislative proposals can vary by state and year, so it's important to check with your state's legislative website or local government for the most current information on any proposed changes to drone regulations.

What do residents and businesses do in states with minimal drone regulations?

In states with minimal regulations, residents and businesses often follow federal guidelines and may voluntarily adhere to best practices for safety and privacy, but they may also face challenges from local ordinances that vary by municipality.

How do drone regulations in my state compare to neighboring states?

Drone regulations can differ significantly between states, particularly regarding local ordinances. It's advisable to research neighboring states' laws, as some may have stricter rules on drone operations, especially around sensitive areas like schools and correctional facilities.