First off, section 336 is going away in favor of Part 101E.
Basically the same stuff, just reorganized.
The only advantage I see Part 107 over Part 101E is you can fly in restricted areas with the permission of the FAA.
Case in point, I got DJI to unlock my Spark for a flight at The Fountains at Bellagio Las Vegas.
Anyone familiar with the Las Vegas strip knows it is within 1 mile of McCarran International Airport.
I contacted the FAA rep and he said I had to be 107 certified to fly in Class B airspace for that region.
Even for hobbyist purposes.
As mentioned before, Part 107 can fly as part 101E.
Deciding factor is if you are making money (part 107) or not (Part 101E).
All I can add is making $$ is but one condition that excludes the operator from being a hobbyist. If you do not completely fit inside the well defined Hobbyist "protective bubble" you are by default operating as a Part 107 operation even if you don't hold your Part 107.
Here's a write I did a while back (
a couple of terms might need revising) about this very topic:
CIVIL vs Hobbyist (Part 107 vs Part 101)
The problem stems from our own misunderstanding of the regulations and how they were intended. Part 107 does not mean specifically "Commercial Operations" even though everyone (
even the FAA) associates Part 107 with Commercial Use. It's even noted as the "
Commercial UAS Rules" by the FAA. Commercial Operations are but one portion of what Part 107 encompasses.
Part 107 technically "allows" for "CIVIL" UAS operations. Part of that "civil" operation can certainly be commercial operations but doesn't exclude other flights that are not "Commercial". This is why Search & Rescue, Crop Inspections, Training & Education and many other flights require Part 107 even though they may not “directly” involve the exchange of $$. Surprisingly to many people, even
voluntary flights that do not fall fully inside the Hobby/101 bubble do require Part 107 without any $$/compensation at all.
Therefore, if you are not in full compliance with Part 101 and you're
not on an Exemption or
Public Use COA, you are operating as a civil UAS and Part 107 applies.
Here is a direct quote from a friend of mine with the FAA:
"Think of it this way: Everyone is a civil UAS operator, subject to Part 107 (Public Use excluded). Now, Congress mandated that certain operators be left alone (not subject to Part 107) if they are operating as a hobbyist and codified law to describe what a hobbyist operation must adhere to. The FAA took that law and regurgitated it into Part 101. So, if you're going to claim that you are NOT flying under Part 107, you must follow all of Part 101, or else you revert back to Part 107 regulations."
Therefore, if you are not in 100% compliance with Part 101 and you're
not on an Exemption or
Public Use COA, you are operating as a Civil UAS operator and Part 107 applies. Part 107 CIVIL Operations is the Default and Part 101 (Hobby) is a narrow exclusion (
aka carve out) to Part 107. If any portion of your flight/operation falls outside of Hobby/Part 101 then you automatically fall under Part 107 regulations. You’re either INSIDE the hobby/Part 101 box completely or you’re outside hobby/Part 101 which means operating as a Part 107 Operation and must follow those rules. A single flight is either 100% Hobby or it is 100% Civil/Part 107. We can’t mix & match the regulations within a single flight. The FAA has left no grey area in this matter and closed all the Loop Holes many moons ago.
