Unmanned Aerial Vehicles (UAVs), commonly called drones, have transformed industries from real estate and construction to agriculture and public safety. In the United States, the Federal Aviation Administration (FAA) oversees all commercial drone use under Part 107 of Title 14 of the Code of Federal Regulations. While Part 106 established a baseline for safe operation, many commercial missions—such as nighttime flights, operations beyond visual line of sight, or flights over people—require special permission known as a Part 107 waiver. Understanding when and how to apply for these waivers is critical for operators who want to expand their capabilities while staying compliant with federal law. This article provides a comprehensive guide to FAA Part 107 waivers, including common types, the application process, recent regulatory changes, and practical tips for a successful submission.

What Are FAA Part 107 Waivers?

A Part 107 waiver is an official authorization from the FAA that permits a drone operator to deviate from a specific rule within Part 107. Under normal circumstances, Part 107 restricts operations such as flights at night, operations beyond visual line of sight (BVLOS), flying over people, and operating drones that exceed 55 pounds. A waiver grants an operator the flexibility to conduct these activities for a defined location, time period, or mission, provided they can demonstrate equivalent safety to the FAA.

Waivers are not blanket approvals; each waiver is specific to the operator, the drone model, the location, and the intended operation. The FAA reviews each application against a rigorous safety standard, requiring operators to submit a detailed plan that explains how the proposed operation will be conducted without increasing risk to people or property. The legal basis for waivers is found in 14 CFR § 107.200, which lists the regulations that may be waived and the conditions under which the FAA may grant relief.

Key regulations that can be waived include most of the operational requirements (e.g., flying at night, VLOS, over people, multiple drones, from a moving vehicle) but not core safety rules like aircraft registration, pilot certification, or operating in a reckless manner. Understanding the scope of waivers helps operators plan their missions and avoid unnecessary applications—if a rule cannot be waived, the only option is to operate within the rule or seek a different authorization, such as a Certificate of Waiver or Authorization (COA) for government agencies.

Common Types of Part 107 Waivers

The FAA offers waivers for a variety of operations that fall outside standard Part 107 constraints. Below are the most commonly requested waivers, along with the specific regulations they modify.

Night Operations (107.29)

Historically, nighttime flights required a waiver because Part 107 initially prohibited operations between sunset and sunrise. However, in April 2021, the FAA updated § 107.29 to allow night operations without a waiver, provided the drone is equipped with anti-collision lighting visible for at least 3 statute miles, and the pilot has completed the required recurrent knowledge test. If the operator cannot meet these conditions (e.g., the drone lacks sufficient lighting), a night waiver is still available. This waiver can also be used to operate in conditions of reduced visibility, such as twilight or fog, if the standard requirements are not met.

Visual Line of Sight (VLOS) Beyond (107.31)

Operating beyond visual line of sight is one of the most sought-after waivers, especially for long-range inspections, delivery services, and agricultural monitoring. A BVLOS waiver allows the pilot to fly the drone out of their direct sight, often relying on a visual observer, onboard cameras, or ground-based radar to maintain awareness. The FAA expects a detailed safety plan explaining how the operator will detect and avoid other aircraft, maintain communications, and handle lost-link scenarios. BVLOS waivers are typically granted for specific geographic areas and with strict altitude limits.

Operations Over People (107.39)

Flights over people are heavily restricted under Part 107 unless the drone falls into one of the four categories defined in the 2021 final rule (Category 1–4). Drones that meet these categories (based on weight, kinetic energy, and design features) can operate over people without a waiver. However, if you intend to fly an uncategorized drone over crowds or moving vehicles, you must obtain a waiver under § 107.39. The application must demonstrate that the operation poses no undue risk—for example, by proving the drone has redundant propellers or a parachute system.

Large Unmanned Aircraft (107.12 and 107.65)

Most commercial drones weigh less than 55 pounds, but some industrial platforms (e.g., heavy-lift drones for agricultural spraying or cargo delivery) exceed that limit. If your drone weighs more than 55 pounds, you must apply for a waiver that modifies the aircraft weight limitation. In addition, the operator must hold at least a remote pilot certificate and the aircraft must meet airworthiness standards equivalent to manned aircraft. This waiver is rare and requires extensive documentation of design, maintenance, and operational procedures.

Multiple Drones (107.35)

Operating multiple drones simultaneously from a single control station is prohibited under Part 107 without a waiver. This operation is common in cinematography (e.g., synchronized light shows) or large-scale mapping. The waiver application must specify the number of drones, their flight paths, and how the operator (or an automated system) will maintain control and avoid collisions. The FAA typically requires a minimum separation distance between drones and a robust failsafe plan.

Operating from a Moving Vehicle (107.25)

While Part 107 allows launching from a moving vehicle in sparsely populated areas, a waiver is needed for flights over populated areas or when using the vehicle as a mobile base for BVLOS operations. This waiver is useful for pipeline patrols, search-and-rescue, or agricultural surveys conducted from a moving truck or boat.

When Should You Apply for a Waiver?

You should apply for a Part 107 waiver any time your planned operations cannot comply with one or more standard rules—and the rule is eligible for a waiver. Below are common scenarios and considerations:

  • Night operations without proper lighting: If your drone lacks anti-collision lights visible for 3 miles, or if you have not completed the recurrent test, apply for a night waiver.
  • Beyond visual line of sight: If your mission requires you to fly over a ridge, into a building interior, or beyond 500 meters from the pilot, a BVLOS waiver is necessary.
  • Flying over people with an uncategorized drone: Even if your drone is small and safe, the FAA requires a waiver if it isn’t compliant with Categories 1–4.
  • Heavy-lift operations: Any drone over 55 pounds needs a waiver, and you must also meet aircraft registration and airworthiness requirements.
  • Multi-drone shows or swarm operations: Simultaneous control of multiple drones from one station requires a waiver.
  • Operations in controlled airspace: While not a waiver per se, you will need FAA authorization via LAANC or a manual approval to fly in Class B, C, D, or E airspace. Waivers are separate but can be combined with airspace authorizations in the DroneZone application.

If you are unsure whether your operation requires a waiver, consult the FAA’s Part 107 Waiver page or use the waiver decision tool in the DroneZone portal. Applying for an unnecessary waiver can waste time, but failing to apply when needed can result in fines or enforcement action.

How to Apply for a Part 107 Waiver

The application process is managed through the FAA DroneZone, an online portal for drone registration, pilot certification, and waiver submissions. Follow these steps to prepare and submit a waiver application:

  1. Determine the exact regulation you need waived. Review the list of waiverable rules in § 107.200 and identify which one(s) your operation violates. Common examples: § 107.29 (night), § 107.31 (VLOS), § 107.39 (over people).
  2. Gather your documentation. The FAA requires a detailed safety explanation, including: a description of the operation, the drone model and its specifications, the geographic area (with maps), the pilot’s qualifications, communication procedures, lost-link and emergency contingency plans, and risk mitigation measures. For BVLOS waivers, include a description of how you will detect and avoid other aircraft.
  3. Define the operating area and duration. Waivers are valid for up to 24 months, though the FAA may grant shorter periods for novel operations. Specify the exact boundaries (GPS coordinates, altitude limits, times of day).
  4. Submit via DroneZone. Log into the portal, select “Waiver Application,” complete the form, and attach your documentation. You can apply for multiple waivers in a single submission (e.g., night + over people).
  5. Wait for review. The FAA’s review time varies widely. Simple waivers (e.g., a standard night waiver for a common drone) may be approved in 30–60 days, while complex BVLOS waivers can take six months or more. Plan accordingly and do not begin operations until you receive the waiver certificate.

After approval, you must carry a printed or digital copy of the waiver during all operations and comply with any special conditions the FAA includes. The waiver is non-transferable—each operator and drone combination requires its own waiver.

Tips for a Successful Waiver Application

The FAA denies many waiver applications for lack of detail or inadequate safety planning. Use these strategies to increase your chances of approval:

  • Reference industry standards and Advisory Circulars. The FAA provides Advisory Circulars (ACs) for many waiver categories. For example, AC 107-2 contains guidance on BVLOS operations. Use these documents to structure your safety case.
  • Include a specific hazard analysis. Identify risks (e.g., collision with manned aircraft, loss of GPS, bird strikes) and explain how you will mitigate each. Use a table format if possible in your supplemental documents.
  • Describe your communication plan. For BVLOS or multiple-drone waivers, explain how the pilot will maintain contact with visual observers (if any) and how lost-link procedures will be executed.
  • Document your pilot’s experience. List specialized training, previous waivers held, and thousands of accident-free flight hours. Flight logs and certificates help demonstrate competency.
  • Be specific about the drone platform. Include the make, model, weight, and any modifications. If using a parachute system or other safety equipment, provide documentation of its testing and reliability.
  • Submit early. Do not wait until the day before a critical mission. Apply at least 90 days before your planned operations to account for delays.
  • Use the pre-submission consultation. The DroneZone offers a “pre-application” tool where you can submit a concept of operations for informal feedback. Use this to identify gaps before you submit the formal application.

Common mistakes include: not reading the specific waiver rule carefully, leaving operational details vague, failing to show how the operation will be as safe as standard operations, and not following DroneZone instructions for file formats. A well-prepared application can be approved in weeks; a sloppy one can take months or be rejected outright.

Recent Regulatory Changes and Their Impact on Waivers

The FAA has significantly updated Part 107 in recent years, reducing the need for waivers in some areas. Operators must stay current on these changes to avoid unnecessary applications:

  • Night operations (2021). As mentioned, night flights are now allowed without a waiver if the drone has anti-collision lighting and the pilot has completed the recurrent training. The waiver is only needed when those conditions cannot be met.
  • Operations over people (2021). The FAA created four categories of drones that can fly over people without a waiver, based on weight and design. Category 1 (under 0.55 lbs) and Category 2 and 3 (with specific safety features) are now exempt. Only drones that do not fit any category require a waiver.
  • Remote ID (2023). While not a waiver, the Remote ID rule requires most drones to broadcast identification. Waivers do not override Remote ID requirements; operators must still comply or apply for a separate exemption.
  • Updated DroneZone interface (2023). The FAA streamlined the waiver submission process, allowing applicants to attach up to 10 files and use reusable templates for common operations.

Because regulations evolve, always check the FAA’s official waiver page for the latest guidance before planning your mission.

Conclusion

FAA Part 107 waivers are powerful tools that allow commercial drone operators to push beyond standard rules while maintaining safety and compliance. Whether you need to fly at night, beyond line of sight, over crowds, or with multiple drones, a well-prepared waiver application can open new revenue streams and operational capabilities. The key is to understand which rules apply to your operation, follow the FAA’s guidance, and submit detailed, safety-focused documentation. With careful planning and patience, you can navigate the waiver process successfully and operate your drone to its full potential.

Remember: waivers are legal permissions, not shortcuts. Always prioritize the safety of people, property, and manned aircraft. If your operation changes after approval, file an amendment with the FAA. Stay informed through FAA updates and industry resources to ensure your drone business remains compliant and successful.