FAA public aircraft COAs

What public aircraft status is

Public aircraft status comes from statute, 49 U.S.C. 40102(a)(41) and 40125, rather than from an FAA certificate. In broad terms, the drone must be owned and operated by a qualifying government body, and each flight must perform a governmental function. A state or local government can also use a drone it has exclusively leased for at least 90 continuous days.

The statute defines a governmental function as an activity undertaken by a government, such as national defense, intelligence missions, firefighting, search and rescue, law enforcement, aeronautical research, or biological or geological resource management. The flight cannot have a commercial purpose. The FAA reads this as no payment or reimbursement to the government for the flight, with one narrow exception for responding to a significant and imminent threat to life or property.

Status is decided flight by flight. The FAA gives the example of a police drone filming footage for a department promotional video. That is not a governmental function, so it cannot be flown as a public aircraft operation.

Eligibility is less clear-cut for public universities and smaller local bodies. The FAA's advisory circular AC 00-1.1B says some may need to confirm their status with their state Attorney General or another qualified state office. That confirms eligibility only, and each flight must still meet the statute. The FAA also says volunteer organizations, such as volunteer fire departments and search and rescue teams, are typically not eligible, so Part 107 is their route.

Part 107 or a COA, and what self-certification means

The FAA describes two options for government agencies flying drones under 55 pounds. Under Part 107, each pilot holds an FAA remote pilot certificate, each drone is registered with the FAA, and the agency works within the Part 107 limits, applying for waivers and airspace authorizations where needed. Under a public aircraft COA, the agency self-certifies its own pilots and drones for flights that perform governmental functions.

Self-certification moves responsibility to the agency. AC 00-1.1B says the government entity is responsible for oversight of its public operations, including airworthiness, pilot qualification and medical standards, and that the FAA has limited oversight of those flights. Public aircraft must still follow the general operating rules that apply to all aircraft, and the special provisions written into the COA.

An agency can run both. The same drone can fly public operations under the COA and civil operations under Part 107, and civil flights are subject to the full civil rules and FAA oversight. The FAA advises agencies to set a clear process for deciding which rules each flight is flown under.

An agency can also pay a contractor to fly a public operation on its behalf. AC 00-1.1B says the agency should give the contractor a written declaration of public aircraft status before the flights, and the contractor should send a copy to its local Flight Standards District Office (FSDO).

How to get a COA

The FAA's public safety guide sets out the first step. The agency's legal department drafts a public declaration letter certifying that the agency is a governmental entity and sends it to the FAA. The FAA then gives the agency access to the UAS COA Online System (CAPS), where the application is completed. The FAA says that in most cases it will give a formal response within 60 days of a complete application, and it may add provisions or limitations to the approval.

The FAA is moving COA processing from CAPS to a COA application inside FAADroneZone, called CADZ. Check the FAA's COA page before you start to confirm which system your agency should use.

Many agencies start with a blanket COA. The FAA's Aeronautical Information Manual describes it as allowing operations in Class G airspace across the continental United States, including at night with suitable lighting and training. Blanket and jurisdictional COAs cover visual line of sight flying only. Flights outside their terms need a further waiver or authorization added to the COA.

For agencies that are both public aircraft operators and public safety organizations as defined in 49 U.S.C. 44806(e), the FAA now offers an expedited Part 91 waiver combined with an airspace authorization. It gives relief from 14 CFR 91.113(b) and other rules, and can allow beyond visual line of sight (BVLOS) flying and operations over people and moving vehicles, with conditions. The FAA's FAQ describes one version that relies mainly on obstruction shielding, generally at or below 200 feet, and one that uses an acceptable detect and avoid system, up to 400 feet. Agencies request a waiver packet by email, and the waiver is valid for 48 months.

This waiver replaces the older tactical BVLOS and first responder BVLOS COAs, which are no longer issued to new applicants and will not be renewed when they expire. The FAQ is dated 2 September 2025 and says details may change without notice, so check the current version before applying.

Emergency approvals and reporting duties

When an emergency calls for flying outside the terms of an existing COA or Part 107, an agency can ask for a Special Governmental Interest (SGI) approval. The FAA lists firefighting, search and rescue, law enforcement, restoring utilities or other critical infrastructure, and disaster damage assessment among the operations it may consider.

Requests go through the TSA/FAA Waiver and Airspace Access Program. For time-sensitive operations, the FAA asks operators to call its System Operations Support Center (SOSC) for real-time authorization. If approved, the FAA adds an amendment to the existing COA or remote pilot certificate. The FAA says approvals within visual line of sight may be issued in minutes, while BVLOS approvals usually need a temporary flight restriction and take longer. If a request is refused, the agency must stay within its existing COA or Part 107.

Reporting depends on the authorization. The FAA's FAQ says blanket and jurisdictional COAs require NOTAMs and monthly reporting. The Part 91 public safety waiver needs neither, but it does require incident reports to the FAA, and the FAA may ask for flight records. Under every route, the NTSB accident and incident notification rules in 49 CFR 830 still apply. Read the reporting terms in your own COA or waiver, and because the agency sets its own pilot and aircraft standards, keep training and maintenance records that show it meets them.

What a consultant does, and what to ask before hiring

A consultant can help an agency decide whether its missions are governmental functions, choose between Part 107, a COA and the Part 91 waiver, write the self-certification standards for pilots and aircraft, and set up the procedures and records the authorization expects. They cannot grant public aircraft status, issue a COA or promise an outcome. The statute decides whether a flight is public, and the FAA decides on COAs and waivers. Consultants listed on DOC are vetted (identity, legal entity, sanctions screening and professional indemnity insurance), and regulator experience is shown as verified only where it has been evidenced.

• Which government or public safety agencies have you helped set up a COA or Part 91 waiver, and how recently?
• How would you record our governmental function decision for each type of mission?
• Will you write our pilot training and aircraft maintenance standards, or review ones we draft?
• How do we keep on top of NOTAM and monthly reporting duties after approval?
• How should we handle flights that fall outside public status?

Common mistakes

These errors come up often in public aircraft drone programs:

• Treating every flight by an agency drone as public, including tasks such as promotional filming
• Assuming a volunteer fire department or search and rescue team qualifies for public status
• Self-certifying pilots and aircraft without written standards, training records or maintenance logs
• Letting a contractor fly a public operation without a written declaration of public aircraft status issued in advance
• Missing the NOTAM and monthly reporting terms of a blanket or jurisdictional COA
• Flying outside the COA during an emergency without first getting an SGI approval