What is a Part 107 Certificate of Waiver and what regulations can it waive?

A Part 107 Certificate of Waiver is an FAA-issued authorization that allows a remote pilot in command to conduct small unmanned aircraft operations that would otherwise violate specific provisions of 14 CFR Part 107, such as flying over people or exceeding the 400-foot altitude limit in certain airspace. The FAA may waive regulations including those covering visual line of sight, right-of-way rules, and operating from a moving vehicle, provided the applicant can demonstrate the proposed operation can be conducted safely. (Note: since the 2021 rule change, night operations are generally permitted by rule under §107.29—with required training and anti-collision lighting—rather than requiring a waiver.) A waiver does not change the underlying regulation—it grants a legal exception specific to the applicant, location, and operation described in the application.

How do you apply for a Part 107 waiver and what does the FAA require in the application?

Remote pilots apply for a Part 107 Certificate of Waiver through the FAA's DroneZone online portal at faadronezone.faa.gov, where applicants must submit a detailed description of the proposed operation, the specific regulations they are requesting to waive, and a comprehensive safety case explaining how the operation will be conducted safely despite deviating from standard rules. The FAA requires applicants to identify all foreseeable hazards, describe mitigations for each risk, outline crew roles and responsibilities, and provide any relevant equipment specifications or operational procedures. The more thorough and specific the safety justification, the more likely the FAA is to grant the waiver, as the agency evaluates whether the applicant's proposed mitigations maintain an equivalent level of safety to the waived regulation.

How long does the FAA take to review a Part 107 waiver application and how long is a waiver valid?

FAA review times for Part 107 waiver applications vary significantly depending on the complexity of the requested operation and the completeness of the safety case submitted; the FAA recommends submitting applications at least 90 days before the planned operation, though complex waivers can take considerably longer. Incomplete applications or those lacking sufficient safety justification will be returned or denied, which resets the timeline, so thorough preparation is critical. Once granted, a Certificate of Waiver is valid for the specific duration, geographic area, and conditions stated in the approval document, and the remote pilot must carry a copy of the waiver and comply with all conditions listed within it during the authorized operation.

Part 107 Certificate of Waiver Application and Approval

Operating a small unmanned aircraft system (sUAS) under 14 CFR Part 107 means accepting a defined set of operational rules: fly below 400 feet AGL, keep the aircraft within visual line of sight, avoid operations over moving vehicles and people, and more. These rules cover the vast majority of commercial drone work. But legitimate professional needs sometimes exceed those boundaries—inspecting a tall transmission tower, filming a large outdoor event, or conducting a beyond-visual-line-of-sight survey mission. When that happens, Part 107 provides a formal legal pathway called the Certificate of Waiver (CoW).

A Certificate of Waiver is not a loophole or a rubber stamp. It is a formal FAA authorization that suspends a specific provision of Part 107 for a specific operation, issued only when the applicant can demonstrate, to the FAA's satisfaction, that the proposed operation can be conducted safely under the alternative conditions the applicant describes. Understanding how to apply, what the FAA evaluates, and what waived operations require in practice is critical knowledge for the remote pilot certificate knowledge test and for professional drone work.

Which Rules Can Be Waived

Under 14 CFR §107.200, the FAA may issue a waiver authorizing a remote pilot in command (RPIC) to deviate from selected provisions of Part 107. The regulations that are waivable include:

§107.25 – Operations from a moving vehicle or aircraft: Normally prohibited over non-sparsely-populated areas; a waiver can allow it under specified safety conditions.
§107.29 – Daylight operations: Since the 2021 rule change (Operations of Small Unmanned Aircraft Over People and at Night), §107.29 was amended so that night operations are permitted by rule—without a waiver—provided the RPIC has completed the required recurrent training and the aircraft is equipped with anti-collision lighting visible for at least 3 statute miles. As a result, §107.29 is generally no longer needed on current waiver applications for night flight.
§107.31 – Visual line of sight (VLOS): One of the most sought-after waivers; allows beyond-visual-line-of-sight (BVLOS) operations.
§107.33 – Visual observer: Related to how the VO requirement interacts with VLOS; can be waived in conjunction with a VLOS waiver.
§107.35 – Operation of multiple small unmanned aircraft: A single RPIC normally cannot operate more than one sUAS at a time; a waiver allows coordinated multi-aircraft operations.
§107.37(a) – Yielding right of way: Waivable in controlled conditions where no manned aircraft conflict is possible.
§107.39 – Operations over human beings: Standard rules restrict overflight of non-participating people; a waiver may allow it beyond what the Category rules permit.
§107.41 – Operations in certain airspace: While most controlled airspace access is handled through authorization (LAANC or DroneZone), a waiver may cover related airspace scenarios.
§107.51 – Operating limitations (speed, altitude, visibility): Allows deviation from the 100-knot speed limit, 400-foot AGL ceiling, minimum 3-statute-mile visibility, or cloud clearance requirements.

Critically, certain provisions cannot be waived. The requirement to register the aircraft, to hold a valid remote pilot certificate, and to comply with mandatory accident-reporting obligations are non-waivable safety floors.

How the Application Process Works

All waiver applications are submitted through the FAA DroneZone portal at faadronezone.faa.gov. There is no paper form; the process is entirely online. A complete application includes:

Identification of the specific rule(s) to be waived: You must cite the exact regulatory section(s) and explain precisely how your proposed operation would deviate from current requirements.
Detailed operational description: The FAA wants to know the who, what, where, when, and how. Include the type of sUAS, its performance characteristics, the geographic area of operations (with coordinates or a map), proposed altitudes, and duration of the operation.
Safety case or safety assessment: This is the heart of the application. You must demonstrate, using a systematic safety analysis, that your operation is as safe as—or safer than—the standard rules were designed to produce. For complex waivers (especially BVLOS), the FAA typically expects a formal safety risk management document identifying hazards, the likelihood and severity of each, and the specific mitigations that reduce residual risk to an acceptable level.
Operational procedures: Describe step-by-step how the operation will be conducted, including lost-link procedures, emergency plans, communications with ATC if relevant, and crew roles.
Equipment specifications: Detail the sUAS airworthiness, redundant systems, detect-and-avoid equipment, and any ground-based technology that supports the safe execution of the waived activity.

The FAA does not charge an application fee for a Certificate of Waiver. However, the time investment in building a compelling safety case can be substantial—especially for BVLOS operations, which may require months of preparation and FAA coordination.

FAA Review and Approval Criteria

Once submitted, the application enters an FAA review process. Processing times vary widely. Simple waivers—such as a nighttime waiver for a single-location operation with clear mitigation measures—may be approved in a few weeks. Complex BVLOS applications can take many months and often involve back-and-forth correspondence between the FAA and the applicant before a final determination is made.

The FAA evaluates each application against a safety equivalency standard: the proposed operation must be at least as safe as operations conducted under the standard rule. Reviewers look at whether the applicant has correctly identified the hazards created by the deviation, whether the proposed mitigations are operationally realistic and verifiable, and whether the RPIC and crew have the training and experience to execute the plan reliably. The FAA may approve the waiver as submitted, approve it with additional conditions or limitations it writes into the certificate, or deny it with written explanation.

When approved, the Certificate of Waiver is a legal document that specifies exactly what is permitted, for what duration, in what geographic area, under what conditions, and with what operational requirements. The RPIC must carry the CoW (or have it accessible) during the operation and must comply strictly with every condition listed. Violating a waiver condition is a regulatory violation—the waiver only protects you insofar as you operate exactly within its terms.

Certificates of Waiver vs. Airspace Authorizations

Students frequently confuse waivers with airspace authorizations. They are distinct tools:

An airspace authorization (§107.41) allows operations in controlled airspace where Part 107 would otherwise prohibit flight without ATC permission. Most routine controlled-airspace access is handled through LAANC (Low Altitude Authorization and Notification Capability) or manual DroneZone authorization requests—these are not waivers.
A Certificate of Waiver suspends a specific operational rule and requires an affirmative safety case showing the operation is safe despite departing from the standard rule.
It is possible to need both simultaneously: for example, a BVLOS night operation in Class D airspace would require a waiver of §107.31 (VLOS), plus an airspace authorization for the Class D operations.

Key Numbers and Rules

Waiver applications are submitted via FAA DroneZone—no paper forms, no fees.
The RPIC must have the CoW accessible during operations (digital copy is acceptable).
A waiver is not transferable—it authorizes a named RPIC and specific operation, not a company blanket authorization.
Waiver durations are set by the FAA; they are typically issued for up to two years but may be shorter for novel or higher-risk operations.
The standard operational rule-set remains in force for any aspect of the operation not explicitly covered by the waiver.
Accident reporting under §107.9 is always required and cannot be waived: any operation causing serious injury, loss of consciousness, or property damage of at least $500 must be reported to the FAA within 10 calendar days.

Common Test Traps

Confusing authorization with waiver: A LAANC approval to fly in Class C airspace is an authorization, not a waiver. The exam tests whether you know the difference—waivers address operational rules; authorizations address airspace access.
Assuming any rule can be waived: Several Part 107 provisions are non-waivable, including registration, certification, and accident reporting. Do not assume a waiver is available for any restriction you encounter.
Believing a waiver covers the entire company: A CoW is issued to a specific RPIC for a specific operation. Another pilot at the same company conducting the same type of mission still needs their own waiver unless specifically named and the waiver explicitly covers multiple crew members.
Ignoring waiver conditions: Approvals often include FAA-imposed conditions not in the original application. Operating outside those conditions nullifies the waiver's protection and constitutes a regulatory violation.
Underestimating the safety case requirement: The exam may present scenarios asking what the primary basis for FAA waiver approval is. The answer centers on the applicant demonstrating that the operation is at least as safe as standard Part 107 operations—not just that there is a business need or that the operation is technically feasible.