One of the most frequently tested regulatory topics on the FAA Part 107 Remote Pilot Knowledge Test is exactly when you are legally allowed to fly your small unmanned aircraft system (sUAS). The rules are not simply "daytime only." Under 14 CFR Part 107, the FAA distinguishes between standard daylight operations, civil twilight operations with required equipment, and true nighttime operations that historically required a waiver but are now permitted under updated rules. Understanding where each category begins and ends—and what equipment is mandatory—is essential both for the exam and for safe, legal flight.
This article walks through the definitions, the equipment requirements, the regulatory history behind the 2021 NPRM rule update, and the practical judgment calls a remote pilot must make before and during flight. Every fact here is grounded in 14 CFR Part 107 and the FAA's Remote Pilot – Small Unmanned Aircraft Systems Study Guide.
Defining Daylight, Civil Twilight, and Night
The FAA uses precise astronomical definitions that differ from the everyday notion of "when the sun is up." You need to know all three terms cold.
Daylight is the period from official sunrise to official sunset at the surface level of your operating area. Sunrise and sunset are published in almanacs, weather apps, and the FAA's official sources; they vary by geographic location and date. During pure daylight, a small UAS may be operated without any special lighting requirement related to time of day, provided all other Part 107 rules are met.
Civil twilight is the period that extends from 30 minutes before official sunrise to official sunrise in the morning (morning civil twilight), and from official sunset to 30 minutes after official sunset in the evening (evening civil twilight). During civil twilight, the sun is between 0° and 6° below the horizon. There is still enough ambient light for a person on the ground to see clearly without artificial light, which is why the FAA treats it differently from true night.
Night is defined under 14 CFR Part 107 as the time between the end of evening civil twilight and the beginning of morning civil twilight—in other words, more than 30 minutes after sunset or more than 30 minutes before sunrise. This is consistent with the broader FAA definition used in manned aviation.
What the Regulations Actually Require
The governing regulation is 14 CFR § 107.29, titled "Daylight operation." As amended by the FAA's 2021 final rule (effective April 21, 2021), this section now permits operations during civil twilight and at night without a waiver, but with a critical equipment mandate.
Specifically, § 107.29 requires that when a remote pilot operates a small UAS during civil twilight or at night, the aircraft must be equipped with anti-collision lighting that is visible for at least 3 statute miles and has a flash rate sufficient to avoid a collision. The lighting must be illuminated and operational throughout the entire civil twilight or nighttime operation.
The practical implication: if you want to fly at 6:45 p.m. in July and sunset is at 7:00 p.m., you are in pure daylight—no twilight lighting rule yet. If you want to fly at 7:20 p.m. (20 minutes after sunset), you are in civil twilight, and anti-collision lighting visible for 3 statute miles is mandatory. If you want to fly at 8:30 p.m. (more than 30 minutes after sunset), you are in night, and that same lighting is still required.
The Anti-Collision Light Requirement in Detail
Many students gloss over the lighting specification, but the FAA knowledge test probes it specifically. Here are the key parameters:
- Visibility distance: The anti-collision light must be visible for at least 3 statute miles from the aircraft. This is a minimum; a brighter light that exceeds 3 miles is acceptable.
- Flash rate: The light must have a flash rate sufficient to avoid a collision. The regulation does not mandate a specific flashes-per-minute number, but the intent is that the light must actively pulse or strobe—a steady (non-flashing) position light alone does not satisfy this requirement under the anti-collision rule.
- Placement: The light must be on the aircraft itself, not on the ground control station or operator. It must illuminate the aircraft's presence in the airspace.
- Operational status: The light must be functioning for the duration of the operation. If the light fails mid-flight during civil twilight or night, the remote pilot must land as soon as practicable.
A common real-world mistake is purchasing a small sUAS strobe light rated for only 1 or 2 miles of visibility and assuming it satisfies Part 107. Always verify the manufacturer's stated visibility rating before operating in twilight or nighttime conditions.
Why the Rules Changed in 2021
Before the 2021 rule change, § 107.29's "daylight operation" standard legally included civil twilight, provided the aircraft was equipped with anti-collision lighting visible for at least 3 statute miles. True night operations—beyond the civil twilight window—were prohibited unless the remote pilot obtained a waiver under § 107.200. Waivers required a detailed safety case and were approved only after FAA review.
The 2021 final rule (part of the broader Remote ID and operational rules update) recognized that sUAS operations with proper anti-collision lighting present manageable collision risk at night, particularly because the 400-foot AGL ceiling and other Part 107 operational limits remain in force. By making anti-collision lighting the standard rather than a waiver condition, the FAA removed a significant administrative burden while maintaining safety through the equipment mandate.
Waivers under § 107.200 still exist and can authorize deviations from other Part 107 rules, but you no longer need a waiver solely to fly at night—as long as you have the required 3-statute-mile anti-collision lighting.
Operational Considerations for Twilight and Night Flights
Knowing the regulation is only the first step. Safe twilight and night operations require additional preflight and in-flight discipline:
- Visual line of sight (VLOS): Part 107's visual line of sight requirement does not disappear at night. The remote pilot in command (RPIC) must still be able to see the aircraft with unaided vision (corrective lenses excepted) throughout the operation. This is significantly harder at night, so lighting on the aircraft helps the RPIC maintain orientation as well as alerting other aircraft.
- Situational awareness: Depth perception and peripheral vision both degrade in low-light conditions. Remote pilots should be familiar with their aircraft's orientation lights (often colored LEDs showing which end is the front) to maintain attitude awareness in the dark.
- Airspace and NOTAMs: Twilight and night operations don't change airspace authorization requirements. You still need LAANC authorization or a Part 107 waiver to operate in controlled airspace, regardless of the time of day.
- Pre-flight equipment check: Verify anti-collision light function and battery life before every twilight or night flight. The light should be tested on the ground before departure.
Key Numbers and Rules
- Civil twilight begins/ends: 30 minutes before sunrise and 30 minutes after sunset.
- Night begins/ends: More than 30 minutes after sunset / more than 30 minutes before sunrise.
- Anti-collision light visibility: Minimum 3 statute miles.
- Anti-collision light flash: Must be sufficient to avoid a collision (active strobe/flash required).
- Waiver needed for night flight? No (as of April 21, 2021), provided the 3-statute-mile anti-collision light is installed and operating.
- Governing regulation: 14 CFR § 107.29.
Common Test Traps
- Confusing civil twilight with nautical or astronomical twilight. The FAA uses civil twilight (sun 0°–6° below horizon, 30-minute window). Nautical twilight (6°–12°) and astronomical twilight (12°–18°) are not used in Part 107 definitions. If the test mentions a different twilight category, it's a distractor.
- Thinking a waiver is still required for night operations. Before 2021, a waiver was required; after the 2021 rule update it is not, as long as proper anti-collision lighting is used. The exam may present scenarios referencing the old rule—select the current regulatory standard.
- Misidentifying the anti-collision light distance as 1 mile or 2 miles. The requirement is specifically 3 statute miles. This number appears on the test.
- Assuming position lights satisfy the anti-collision requirement. The regulation calls for anti-collision lighting with a flash rate sufficient to avoid a collision. A steady-state position light (like the red/green lights on a manned aircraft) does not meet this requirement on its own.
- Forgetting that VLOS still applies at night. Some students assume that because night flight is now allowed, visual line of sight requirements are relaxed. They are not. The RPIC must maintain unaided visual contact with the sUAS throughout the operation under § 107.31.