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Drone rule myths: 400 feet, 250 grams and Remote ID

Five common drone rule beliefs checked against 14 CFR text: the 400 foot cap, the 250 gram line, night flying, flying over cars and certificates.

Safeguard Security Team
4 min read

Most drone rule myths are half true. The 400 foot cap has a structure exception, the 250 gram line is really 0.55 pounds with a recreational condition, night flying is allowed with lights and training, and flying over cars depends on the category. Here are five of them checked against the regulation text.

Five myths checked

Myth 1: you can never go above 400 feet

Section 107.51 caps altitude at 400 feet above ground level. It also allows flight higher if the aircraft stays within a 400 foot radius of a structure and goes no more than 400 feet above the structure's top. So the cap is firm in open air and slightly different around a tall structure.

Myth 2: drones under 250 grams are exempt from everything

The registration rule in 14 CFR 48.15 sets the line at 0.55 pounds, about 250 grams, counted with everything on board at takeoff. The exception also requires that the aircraft be flown exclusively under the recreational statute, 49 U.S.C. 44809. A light drone flown for work is not covered by that exception.

Remote ID is a separate rule. Part 89 applies to operators of aircraft that are registered or required to be registered, so the registration answer feeds into it.

Myth 3: you cannot fly at night

Section 107.29 allows night flights and civil twilight flights under Part 107 when the pilot has completed the initial knowledge test or training under 107.65 after April 6, 2021, and the aircraft has anti-collision lighting visible for at least 3 statute miles. Plenty of professional work happens after dark under those conditions.

Myth 4: you can never fly over a car

Section 107.145 sets conditions rather than a flat ban. For Categories 1 to 3, the aircraft must either stay within or over a closed or restricted access site, with people in moving vehicles notified, or avoid sustained flight over moving vehicles. Category 4 needs a Part 21 airworthiness certificate and operation within approved limits.

Note that flying over people in general is a different section, 107.39, with its own exceptions.

Myth 5: anyone with the controls needs a certificate

Section 107.12 lets someone operate the flight controls under the direct supervision of a remote pilot in command who can immediately take direct control. The remote pilot in command, however, must hold the certificate.

Why myths spread

Rules get shortened for easy sharing, and the shortened form drops the conditions. A forum post that says 250 grams, no rules is easy to remember, and it is wrong. Regulations also change, so an accurate post from 2019 may be out of date now.

A habit that helps

When you hear a rule, find the section number and read the sentence. Write the section number next to the rule in your operations manual. If a rule has no section number, it is probably folklore, a company policy or a local rule, and you should find out which.

What this post leaves out

It covers five points from a larger rulebook. Airspace authorizations, state and local laws, and privacy law are outside it. Check them separately before flying.

Quick check

Is the 250 gram line the whole registration rule?

No. Section 48.15 uses 0.55 pounds and also requires that the aircraft be operated exclusively under 49 U.S.C. 44809 for the exception to apply.

Is Part 107 night flying prohibited?

No. Section 107.29 allows it with the required training and anti-collision lighting visible for at least 3 statute miles.

Sources

Last reviewed: 19 October 2026.

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