What is a Part 107 waiver and why would a drone operator need one?

A Part 107 waiver is FAA authorization that allows a remote pilot to conduct small unmanned aircraft operations that would otherwise violate a standard regulation under 14 CFR Part 107. For example, if an operator needs to fly at night, over people, or beyond visual line of sight, a waiver may be required. The FAA grants waivers only when the applicant demonstrates that the proposed operation can be conducted safely under the terms of the waiver.

How do you apply for a Part 107 waiver for commercial drone operations?

Operators apply for a Part 107 waiver through the FAA's DroneZone online portal by submitting a waiver application that describes the intended operation and how safety will be maintained. The application must explain the specific regulation to be waived, the operational area, equipment used, and risk mitigation measures in sufficient detail for the FAA to evaluate safety. The FAA recommends submitting applications well in advance, as processing times can vary depending on the complexity of the requested operation.

What operations are eligible for a Part 107 waiver?

Under 14 CFR Part 107.205, the FAA may issue waivers for a defined list of operations, including beyond visual line of sight flight, night operations (prior to the 2021 rule update standardizing night flight with lighting requirements), operations over moving vehicles, flight from a moving vehicle, and operations over people, among others. Not every Part 107 regulation is waivable; only the specific provisions listed in 14 CFR Part 107.205 are eligible. Understanding which rules can and cannot be waived is a key knowledge area tested on the FAA Unmanned Aircraft General – Small (UAG) Airman Knowledge Test.

Part 107 Waiver Process and Eligible Operations

Most commercial drone operations in the United States fall neatly within the standard rules of 14 CFR Part 107 — fly below 400 feet AGL, remain within visual line of sight, avoid controlled airspace without authorization, and so forth. But the real world does not always cooperate with neat rules. A pipeline inspector may need to fly beyond visual line of sight over a remote field. A cinematographer may need to fly over a crowd for a single dramatic shot. A night survey crew may need to operate after civil twilight without the anti-collision light visible for three statute miles. For all of these scenarios, the FAA built a formal escape valve into Part 107: the waiver process.

A waiver is a written grant of authority from the FAA that allows a specific remote pilot or organization to deviate from one or more of Part 107's operational rules, provided the applicant can demonstrate that the proposed operation can be conducted safely. Understanding which rules are waivable, how to apply, what the FAA evaluates, and what conditions typically attach to a waiver is not only important for the FAA Part 107 Remote Pilot knowledge test — it is fundamental to operating safely and legally in anything beyond routine operations.

The Legal Basis for Waivers

The authority for the waiver process is found directly in 14 CFR § 107.200 and § 107.205. Section 107.200 states that the Administrator may issue a certificate of waiver authorizing operations that deviate from specific provisions of Part 107, so long as the FAA finds that the proposed operation can safely be conducted under the terms of that certificate. This is critically important language: the burden of proof is entirely on the applicant. The FAA does not go searching for ways to approve your operation — you must affirmatively demonstrate that safety is maintained despite the deviation.

Section 107.205 lists the specific regulations that are eligible for waiver. Not every Part 107 rule can be waived. This is a commonly tested distinction, and memorizing which rules appear on that list — and which do not — is essential for the knowledge test.

Eligible Operations: Which Rules Can Be Waived

Under § 107.205, the FAA may issue waivers for the following specific sections of Part 107:

§ 107.25 — Operations from a moving vehicle or aircraft: Standard rules prohibit operating a small UAS from a moving vehicle in populated areas. A waiver can permit this in appropriate circumstances.
§ 107.29 — Daylight operations: Operations are normally restricted to daylight or civil twilight (with an anti-collision light). A waiver can authorize flight in true nighttime conditions, though the FAA has since created a standard nighttime rule with specific equipment requirements.
§ 107.31 — Visual line of sight (VLOS) aircraft operation: Perhaps the most commonly sought waiver. Standard rules require the remote pilot or a visual observer to be able to see the UAS at all times with unaided vision. A waiver can authorize beyond visual line of sight (BVLOS) operations.
§ 107.33 — Visual observer: Rules governing the use of a visual observer can be waived, allowing modified VO arrangements.
§ 107.35 — Operation of multiple small unmanned aircraft systems: One remote pilot in command may only operate one UAS at a time under standard rules. A waiver can permit one RPIC to oversee multiple UAS simultaneously.
§ 107.37(a) — Yielding the right of way: The rule requiring a UAS to yield to all other aircraft can, in very limited circumstances, be waived.
§ 107.39 — Operation over human beings: Unless operating under the standard Part 107 categories for over-people operations (Categories 1–4), a waiver may authorize flight over people not directly involved in the operation.
§ 107.41 — Operation in certain airspace: Controlled airspace operations can be authorized through a waiver, though in practice the FAA has largely replaced this pathway with the LAANC system and DroneZone authorizations for routine cases.
§ 107.49 — Operation and equipment requirements: Certain preflight inspection and equipment operability requirements can be waived when the applicant demonstrates an equivalent level of safety.
§ 107.51 — Operating limitations for small unmanned aircraft: Limitations such as the 100 mph airspeed limit, 400-foot AGL altitude ceiling, minimum visibility of 3 statute miles, and cloud clearance requirements can be waived.

It is equally important to note what cannot be waived. The prohibition against operating a UAS in a careless or reckless manner (§ 107.23) is not on the waivable list — no waiver will ever authorize reckless flight. Similarly, the requirement to hold a remote pilot certificate and register the aircraft are not waivable. The FAA draws a hard line between rules that protect the safety of the operation itself (which can potentially be mitigated) and rules that represent absolute safety floors.

The Application Process

Waiver applications are submitted through the FAA DroneZone portal at faadronezone.faa.gov. The process is entirely online and requires the applicant to provide detailed information about the proposed operation. There is no application fee, but the process demands significant preparation.

A strong waiver application typically includes:

A detailed description of the operation: Where, when, and exactly how the UAS will be operated. Vague descriptions almost always result in denial or a request for additional information.
A safety case or risk mitigation strategy: This is the heart of the application. The applicant must explain every hazard introduced by the deviation from standard rules and describe specific mitigations for each hazard. For a BVLOS operation, for example, you might describe radar tracking, chase aircraft, communication protocols, and defined corridors over unpopulated terrain.
Equipment specifications: Airframe, sensors, communication links, and any redundant systems relevant to the safety case.
Operational procedures: Checklists, abort criteria, crew qualifications, and emergency procedures.

The FAA's review timeline varies significantly. Routine authorizations through LAANC take seconds. Waiver applications, by contrast, have historically taken 90 days or more, though the FAA has worked to reduce processing times. Complex BVLOS waivers involving novel technology may take considerably longer and often require back-and-forth dialogue with FAA safety analysts.

When approved, a waiver is issued as a Certificate of Waiver and includes specific conditions and limitations tailored to the approved operation. The remote pilot must comply with every condition listed in the waiver — violating waiver conditions is a violation of Part 107 itself. Waivers are typically issued for a specific location, timeframe, and set of procedures; they do not grant blanket authority to deviate indefinitely.

Why the Waiver Exists and Why It Matters

The waiver structure reflects the FAA's broader philosophy that safety is achievable through equivalent levels of safety rather than rigid compliance alone. A drone flying BVLOS over a barren salt flat in Nevada presents a fundamentally different risk profile than BVLOS flight over a suburban neighborhood. The waiver process lets the FAA evaluate that context and grant permission when the evidence supports it, rather than applying a one-size-fits-all prohibition.

From a practical standpoint, many of the most economically valuable commercial drone applications — precision agriculture surveys covering thousands of acres, infrastructure inspection of power lines stretching across counties, package delivery — depend on BVLOS capability. The waiver process, even with its complexity, is the current legal pathway that makes these operations possible in the national airspace system.

Key Numbers and Rules

Waivers are authorized under 14 CFR §§ 107.200–107.205.
There are ten sections of Part 107 listed as eligible for waiver under § 107.205.
Applications are submitted via FAA DroneZone; there is no application fee.
The FAA may take 90 days or more to process a waiver application.
An approved waiver is called a Certificate of Waiver and includes binding conditions.
The prohibition on careless or reckless operation (§ 107.23) is not eligible for a waiver.
Controlled airspace access is often obtained faster through LAANC than through a waiver for routine operations.

Common Test Traps

Assuming any Part 107 rule can be waived: The FAA knowledge test frequently tests whether students know that only the specific sections listed in § 107.205 are eligible. Rules like § 107.23 (careless/reckless operation) are absolute and cannot be waived.
Confusing a waiver with an airspace authorization: An airspace authorization (granted via LAANC or DroneZone) allows flight in controlled airspace but does not waive any other Part 107 operational rule. A waiver and an authorization are distinct instruments.
Thinking the FAA bears the burden of proof: The applicant must demonstrate that the proposed deviation can be conducted safely. The FAA does not construct the safety case for you.
Assuming a waiver grants permanent or universal permission: Waivers are operation-specific and include conditions. Flying outside those conditions — different location, different time, different equipment — is not covered by the waiver.
Overlooking the nighttime rule update: After the FAA updated Part 107 to create a standard nighttime operating rule (with anti-collision lighting requirements), many nighttime operations no longer require a waiver. Students sometimes miss this distinction and assume all nighttime flight needs a waiver, which is no longer accurate.