Operating drones commercially under the Federal Aviation Administration (FAA) Part 107 rules typically requires compliance with a standard set of limitations, such as flying within visual line of sight, during daylight hours, and not over people. However, many professional drone missions—like aerial photography at dusk, inspections of remote infrastructure, or package delivery—demand flexibility beyond these baseline restrictions. To legally conduct such operations, drone pilots must obtain waivers and authorizations from the FAA. These permissions are not automatic; they require thorough preparation, a detailed understanding of the regulations, and a well-documented safety case. This article provides a comprehensive guide to obtaining FAA waivers and authorizations for special drone operations, covering the types of waivers available, the application process, tips for success, and common pitfalls to avoid.

Understanding FAA Waivers and Authorizations

The FAA issues two primary types of permissions under Part 107: waivers and authorizations. A waiver allows a pilot to deviate from a specific regulation listed in Part 107, provided the operation can be conducted with an equivalent level of safety. For example, a nighttime operation waiver permits flying after civil twilight. An authorization, on the other hand, is a permission to operate in controlled airspace (Class B, C, D, or E surface areas) where prior approval from Air Traffic Control (ATC) is required. While the FAA DroneZone portal handles both, the requirements and review processes differ. Understanding which permission you need is the first critical step.

The FAA evaluates each waiver request based on the applicant’s operational plan, risk mitigation measures, and overall safety case. Waivers are not granted for operations that inherently pose unacceptable risks. Instead, the applicant must demonstrate that the proposed deviation can be performed safely. The FAA provides a list of waiverable sections of Part 107 (e.g., §107.29 for nighttime operations, §107.39 for operations over people). Some waivers, like those for operations over moving vehicles or beyond visual line of sight, require more extensive documentation and may take longer to approve.

Types of Common Waivers

While many waivers exist, certain ones are frequently sought by commercial drone operators. Below are the most common waiver categories, each with specific requirements.

Night Operations Waiver (107.29)

This waiver allows drone flight during hours of darkness (from civil twilight to civil twilight). To obtain it, you must show that your drone is equipped with anti-collision lighting visible for at least 3 statute miles, and you must have a plan to mitigate risks associated with low visibility. Many pilots find this waiver easier to obtain after the FAA updated Part 107 in 2021 to allow night operations with a compliant lighting system and remote pilot certificate with night endorsement. However, if you lack the night endorsement, you still need a waiver.

Operations Over People Waiver (107.39)

Flying over people who are not directly participating in the operation is restricted under standard Part 107. A waiver under §107.39 requires a demonstrated safety case, often involving the use of a drone with a proven safety record, propeller guards, or an emergency parachute system. The FAA categorizes operations over people into four categories (1–4) based on the drone’s risk level. The waiver must specify which category the operation falls under.

Beyond Visual Line of Sight (BVLOS) Waiver (107.31)

BVLOS operations are among the most complex to obtain waivers for. You must prove that you can maintain safe flight without direct visual contact, often through visual observers, detect-and-avoid technologies, and detailed route planning. The FAA requires a robust safety case, including communication plans, lost-link procedures, and emergency contingencies. These waivers typically take the longest to process.

Operations in Controlled Airspace (Airspace Authorization)

While not a waiver per se, airspace authorizations are processed via the FAA DroneZone for operations in controlled airspace. These authorizations are often granted more quickly than waivers, especially for low-altitude flights (under 400 feet). The LAANC (Low Altitude Authorization and Notification Capability) system provides near-instant approvals for many areas, but complex airspace or altitudes above LAANC limits may require a manual authorization request.

Other Waivers

Other waivers include: operating from a moving vehicle (107.25), dropping objects (101.19 for recreational or 107 for commercial), and operating over moving vehicles (107.145). Each has specific documentation requirements. The FAA maintains a public database of granted waivers, which can provide useful references for drafting your own application.

Steps to Obtain FAA Waivers and Authorizations

Applying for an FAA waiver or authorization involves a structured process. Following these steps carefully can improve your chances of approval and reduce delays.

1. Determine the Required Waiver or Authorization

Review the FAA Part 107 regulations to identify exactly which sections you need to waive. Use the FAA’s online list of waiverable sections. If you plan to fly in controlled airspace, determine the class and the altitude required. This step may require a conversation with your local ATC facility or reviewing airspace maps on the FAA’s website.

2. Prepare a Detailed Operational Plan

The core of your application is the operational plan. This document must include: the specific waiver requested, the aircraft make and model, the proposed flight area (with maps and coordinates), the duration of the waiver, a description of the operation, and a risk mitigation plan. The risk mitigation plan should address all hazards associated with the deviation, such as loss of control, collision, human error, and environmental conditions. Include procedures for emergency landing, lost link, and communication with ATC if applicable. Be precise and realistic.

3. Submit Supporting Documentation

In addition to the operational plan, you may need to provide: the pilot’s remote pilot certificate number, proof of aircraft registration, a safety assessment (for over-people or BVLOS waivers), insurance certificates (though not required, they strengthen the application), and any manufacturer documentation about the drone’s safety features. For BVLOS waivers, you may need to describe the detection system used (radar, ADS-B, etc.). For night operations, include a description of the anti-collision lighting system and its compliance with §107.29.

4. Create a DroneZone Account and Submit the Application

Go to the FAA DroneZone portal (faadronezone.faa.gov) and create an account if you don’t have one. Select “Part 107 Waiver” or “Airspace Authorization” as appropriate. Fill out the online form, which will ask for basic information and allow you to upload your supporting documents. Double-check all entries for accuracy. Incomplete applications are often rejected quickly.

5. Respond to FAA Inquiries

After submission, the FAA may contact you via email or through the DroneZone portal requesting clarifications, additional data, or modifications to your plan. Respond promptly and thoroughly. The FAA may also request a conference call to discuss the operation. Be prepared to explain your safety rationale and answer questions about your risk mitigation.

6. Await Approval

Review times vary significantly. Simple waivers (like night operations with proper lighting) may be approved in a few weeks. Complex waivers, especially BVLOS or operations over people, can take several months. During busy periods, the FAA backlog can extend wait times. Check the status of your application on DroneZone. Do not conduct the operation until you receive official approval via a Certificate of Waiver or Authorization (COA).

Tips for a Successful Application

Increasing your chances of approval requires attention to detail and a professional approach. Here are key tips:

  • Follow FAA guidelines precisely: Use the FAA’s template for operational plans if available. Adhere to formatting requirements. The FAA appreciates clear, organized submissions.
  • Be thorough and clear: Do not leave any question unanswered on the DroneZone form. Include all requested documentation. Vague or generic plans will be rejected.
  • Plan ahead: Submit applications well before your intended operation date. For complex waivers, allow at least 60–90 days. For simple waivers, 30 days may suffice.
  • Stay updated on regulatory changes: The FAA periodically updates Part 107. For example, the 2021 rule change made night operations and operations over people easier under certain conditions. Check the FAA UAS website regularly.
  • Use the FAA’s waiver database: Reviewing previously granted waivers can help you understand what the FAA expects. Look for waivers similar to yours in scope and see how other applicants structured their safety cases.
  • Consult with experts: For high-stakes waivers like BVLOS, consider hiring a drone legal consultant or an experienced aviation attorney. Their expertise can save time and prevent mistakes.

Common Mistakes to Avoid

Many waiver applications are returned for corrections or denied outright due to avoidable errors. Some frequent mistakes include:

  • Applying for the wrong waiver: Ensure you select the correct regulation section. For example, if you need to fly over people, you must waive §107.39, not just submit an airspace authorization.
  • Incomplete documentation: Missing pages, lack of maps, or vague risk mitigation statements are red flags. The FAA requires a complete package.
  • Unrealistic operational plans: Proposing operations that exceed the drone’s capabilities or that lack safety redundancies will be rejected. Be honest about limitations.
  • Ignoring airspace requirements: Even with a waiver, you may still need an airspace authorization if you plan to fly in controlled airspace. Check both requirements.
  • Submitting at the last minute: The FAA does not expedite requests; plan far in advance.

Additional Resources

To support your application process, leverage these official FAA resources:

By following the guidelines outlined in this article and using the provided resources, you can navigate the waiver process more effectively. Remember that the FAA’s primary concern is safety. A well-prepared application that clearly demonstrates how you will mitigate risks is the key to obtaining approval for your special drone operations.