SESKStuff Everyone Should Know
SESK: Stuff Everyone Should Know · sesk.info/drone-emergency-battery-fire-above-400

Your drone's battery catches fire. May you climb above 400 feet AGL to reach a safe landing spot?

Yes. In an emergency you may deviate from Part 107 as needed.

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  1. No, 400 feet is never allowed
  2. Only with a waiver issued beforehand
  3. Yes, an emergency allows it ✔

Why: In an in-flight emergency, the remote pilot may deviate from any Part 107 rule as needed to respond. The study guide uses this exact example: climbing above 400 feet to reach a safe landing area.

Huh, didn't know that: Emergency action should be taken in a way that minimizes injury or damage to property.

The dad joke
Why did the drone battery read the emergency plan? It wanted to stay in charge.
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References

Answer: Yes, an emergency allows it. In an in-flight emergency, the remote pilot may deviate from any Part 107 rule as needed to respond. The study guide uses this exact example: climbing above 400 feet to reach a safe landing area.

  1. Remote Pilot sUAS Study Guide (FAA-G-8082-22), Chapter 5 www.faa.gov/sites/faa.gov/files/regulations_policies/handbooks_manuals/aviation/remote_pilot_study_guide.pdf
    the remote pilot may need to climb the small UA above 400’ AGL to maneuver to a safe landing area
    Checked 2026-10-09.
  2. AC 107-2A, Small Unmanned Aircraft Systems, 5.18 www.faa.gov/documentLibrary/media/Advisory_Circular/AC_107-2A.pdf
    the remote PIC is permitted to deviate from any rule of part 107 to the extent necessary to respond to that emergency
    Checked 2026-10-09.

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