---
title: "Compare a drone flight with Part 107 limits, not a recording law"
url: "https://ailawframework.com/practice/aviation-drones-and-space/assess-a-drone-operation-s-exposure-under-surveillance-device-laws/united-states"
type: "task_jurisdiction_version"
site: "AI Law Framework"
id: "A60-Q20261018-7-US"
practice_area: "Aviation, Drones & Space"
tier: "yellow"
lawyer_review: "required"
jurisdictions: ["US"]
last_reviewed: "2026-10-22"
---

# Compare a drone flight with Part 107 limits, not a recording law

> Record the altitude, the groundspeed, and whether the file says a camera or a microphone will be used. Compare altitude and groundspeed only with § 107.51. Do not say a recording is lawful.

Canonical page: https://ailawframework.com/practice/aviation-drones-and-space/assess-a-drone-operation-s-exposure-under-surveillance-device-laws/united-states  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Aviation, Drones & Space](https://ailawframework.com/practice/aviation-drones-and-space.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | Record the altitude, the groundspeed, and whether the file says a camera or a microphone will be used. Compare altitude and groundspeed only with § 107.51. Do not say a recording is lawful. |
| What the lawyer must review | You decide the recording question. No surveillance-device statute was opened. Section 107.51(a) limits groundspeed to 87 knots (100 miles per hour). Section 107.51(b) limits altitude to 400 feet above ground level unless the aircraft is flown within a 400-foot radius of a structure and does not fly higher than 400 feet above the structure's immediate uppermost limit. Section 107.51(c) requires flight visibility, from the control station, of no less than 3 statute miles. Section 107.31(a) requires that, with vision unaided by any device other than corrective lenses, the remote pilot in command, the visual observer if one is used, and the person manipulating the controls be able to see the unmanned aircraft throughout the flight in order to know its location, determine its attitude, altitude, and direction, observe the airspace for other traffic or hazards, and determine that it does not endanger life or property. Meeting those limits does not decide whether a recording is lawful. You open the surveillance statute of the place of the flight before you advise. |
| Written for | United States |
| Applies to | [Assess a drone operation’s exposure under surveillance device laws](https://ailawframework.com/practice/aviation-drones-and-space/assess-a-drone-operation-s-exposure-under-surveillance-device-laws.md) |

## Checking plan

- What the AI does: Record the altitude, the groundspeed, and whether the file says a camera or a microphone will be used. Compare altitude and groundspeed only with § 107.51. Do not say a recording is lawful.
- Basis: Checked against the linked sources on 22 October 2026. Confirm the current instrument before reliance.

## Notes

- Part 107 does not authorize a recording of a person.
- Do not treat visual line of sight as permission to film. Section 107.31 is about seeing the aircraft.

## Sources

- [14 CFR Part 107 (small unmanned aircraft systems)](https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-107) (checked 2026-10-22)
- [ABA Formal Opinion 512, Generative Artificial Intelligence Tools (29 July 2024)](https://www.americanbar.org/content/dam/aba/administrative/professional_responsibility/ethics-opinions/aba-formal-opinion-512.pdf) (checked 2026-10-22)
- [ABA Model Rule 1.4, Communications](https://www.americanbar.org/groups/professional_responsibility/publications/model_rules_of_professional_conduct/rule_1_4_communications/) (checked 2026-10-22)

## Forms and precedents for this task

| Form or precedent | Kind | AI level | Summary |
| --- | --- | --- | --- |
| [Optical surveillance check for a drone flight in Victoria](https://ailawframework.com/precedents/aviation-drones-and-space/vic-rpa-optical-surveillance.md) | Checklist | Yellow | Check of a proposed drone flight in Victoria against section 7 of the Surveillance Devices Act 1999 (Vic) and the definitions of optical surveillance device, private activity and party. |

Signed-in accounts can read the full text of each one.

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*