Which Part 107 regulations are waivable by the FAA?

Under 14 CFR Part 107, the FAA allows remote pilots to apply for waivers to specific operational rules, including those covering operations over people, operations at night, beyond visual line of sight, from a moving vehicle or aircraft, operations in certain (controlled) airspace under 107.41, and the single remote pilot in command requirement, among others. In practice, controlled airspace access is usually obtained through an airspace authorization via LAANC or DroneZone rather than a formal waiver, even though 107.41 is technically on the waivable list. Not all Part 107 rules are waivable—for example, careless or reckless operation is not on the waivable list. The FAA maintains the current list of waivable sections in 14 CFR 107.205.

How do you apply for a Part 107 waiver from the FAA?

Remote pilots apply for a Part 107 waiver through the FAA's DroneZone web portal by submitting a waiver application that describes the proposed operation in detail, including location, altitude, equipment, procedures, and most importantly, the safety mitigations that demonstrate an equivalent level of safety to the regulation being waived. The FAA evaluates each application on a case-by-case basis, and applicants should expect processing times that can range from several weeks to months, so early submission is strongly recommended. A waiver, if granted, will specify the exact conditions and limitations under which the deviation from the standard rule is permitted.

What does 'equivalent level of safety' mean when applying for a Part 107 waiver?

'Equivalent level of safety' means that the remote pilot in command must show the FAA that the proposed operation, even though it deviates from a specific Part 107 rule, will achieve the same degree of safety that the rule was designed to provide through alternative means or mitigations. For example, if applying for a nighttime operations waiver, the applicant would need to demonstrate that lighting, crew coordination procedures, and other measures adequately compensate for the reduced visibility hazards that the night rule addresses. The stronger and more specific the safety case—including equipment specifications, checklists, and contingency procedures—the more likely the FAA is to grant the waiver.

Part 107 Waiver Process and Waivable Regulations

The FAA's Small Unmanned Aircraft Systems rule, codified at 14 CFR Part 107, was designed to enable a wide range of commercial drone operations while maintaining a strong safety baseline. Recognizing that some legitimate operations cannot be conducted within every standard operating rule, the FAA built a formal waiver pathway directly into Part 107. This pathway allows a remote pilot in command (RPIC) to request relief from specific regulations—provided they can convince the FAA that their planned operation can be conducted at an equivalent level of safety, even without strict adherence to the standard rule.

Understanding the waiver process is not just useful for operators who need one. It also reveals the underlying safety logic of Part 107 itself. When you know why a regulation exists and what safety outcome it protects, you are far better equipped to write a compelling waiver application—and to make sound decisions in the field.

The Legal Basis for Waivers

Part 107.200 establishes the foundational authority for waivers. It states that the Administrator may issue a waiver authorizing operations that deviate from specific sections of Part 107, provided the FAA finds that the proposed operation can be safely conducted under the terms of the waiver. Crucially, not every rule in Part 107 can be waived—only a specific enumerated list of sections is eligible. No waiver exists for requirements such as pilot certification or aircraft registration, and the FAA will not entertain requests to waive provisions that are considered fundamental safety requirements outside the waivable set.

Which Regulations Are Waivable

Part 107.205 lists the specific regulatory sections for which a waiver may be sought. As a remote pilot studying for the knowledge test and planning real-world operations, you must know this list. The waivable provisions are:

107.25 – Operations from a moving vehicle or aircraft: Standard rules prohibit operating a small UAS from a moving vehicle in a populated area. A waiver can allow this when an operator demonstrates adequate risk mitigation.
107.29 – Daylight operation: Part 107 normally restricts operations to daylight hours and civil twilight (30 minutes before official sunrise to 30 minutes after official sunset), provided anti-collision lighting is used during twilight. A waiver can authorize flight in full darkness when the operator demonstrates the sUA will remain visible and other hazards are managed.
107.31 – Visual line of sight (VLOS) aircraft operation: This is one of the most commonly sought waivers. The standard rule requires the remote pilot or a visual observer to maintain unaided visual contact with the sUA at all times. A beyond visual line of sight (BVLOS) waiver is required for longer-range commercial operations such as infrastructure inspection, package delivery, and corridor mapping.
107.33 – Visual observer: This section governs the use of visual observers as part of the crew. A waiver here may modify or remove the requirement to use a VO in conjunction with related VLOS waivers.
107.35 – Operation of multiple small unmanned aircraft: Part 107 limits a single remote pilot to operating one sUA at a time. A waiver can permit one RPIC to manage multiple aircraft simultaneously when appropriate automation and procedures are in place.
107.37(a) – Yielding the right of way: Normally a sUA must yield right of way to all other aircraft. A waiver in this area is rare and highly scrutinized but theoretically available for very specific operational scenarios.
107.39 – Operation over human beings: Standard Part 107 prohibits flying directly over people who are not directly participating in the operation and who are not under a covered structure or in a stationary vehicle. A waiver can be sought for operations such as aerial photography over crowds. Note: The FAA's 2021 Operations Over People rule created new categories that allow some over-people operations without a waiver; waivers remain relevant for scenarios that fall outside those categories.
107.41 – Operation in certain airspace: This section is listed among the waivable provisions in 107.205. In practice, however, operating in controlled airspace (Classes B, C, D, and surface E) is normally handled through an airspace authorization—typically obtained via LAANC or a DroneZone facility map authorization—rather than through a formal waiver. A waiver under 107.41 remains available for situations that fall outside standard authorization pathways. Check current FAA guidance carefully.
107.51 – Operating limitations for small unmanned aircraft: The standard operating limitations include a maximum groundspeed of 87 knots (100 mph), maximum altitude of 400 feet AGL (or within 400 feet of a structure), minimum visibility of 3 statute miles from the control station, and cloud clearance requirements (500 feet below, 2,000 feet horizontally). A waiver under 107.51 could, for example, authorize higher speed for a specific mission.

How the Waiver Application Process Works

All waiver applications are submitted through the FAA DroneZone portal at faa.gov/uas. There is no paper form—the process is entirely online. The RPIC must create an account, select the relevant waiver type, and complete the application with detailed operational and safety information.

What the FAA Expects in Your Application

The FAA evaluates every waiver application against a single overarching question: Can this operation be conducted safely? To answer that question persuasively, your application should include:

A detailed operational description: Where, when, how high, how fast, and for what purpose will you fly? The more specific you are, the more credible your application.
Hazard identification and risk assessment: Identify every credible hazard—third-party people on the ground, manned aircraft, terrain, communications failures—and explain the likelihood and severity of each.
Mitigations for each hazard: For every hazard you identify, describe a concrete procedural, technological, or operational control that reduces the risk. A BVLOS application, for example, might describe the use of detect-and-avoid technology, radar, ground observers at intervals, coordination with ATC, and detailed lost-link procedures.
Contingency and emergency procedures: What will you do if the aircraft loses signal? If weather deteriorates? If a person unexpectedly enters the operational area?
Crew qualifications and training: Describe the RPIC's experience level, any additional training completed, and the qualifications of any visual observers or crew members.

Processing Time and Validity

The FAA does not guarantee a specific processing timeframe. Historically, waiver decisions have taken anywhere from a few weeks to several months depending on complexity. Operators should plan well in advance—submitting a waiver application the week before a planned operation is almost certainly too late. Approved waivers are typically issued for a specific time period and may include additional conditions or limitations beyond the standard rule. The RPIC must carry the waiver (or have immediate electronic access to it) during operations conducted under its authority.

Why the Waiver System Matters

The waiver process is what makes Part 107 a scalable regulatory framework rather than a rigid set of rules that would quickly become obsolete. Emerging commercial applications—drone delivery, infrastructure inspection via BVLOS, precision agriculture, and disaster response—often require operating outside one or more standard limitations. The waiver pathway allows innovation to proceed while keeping the FAA's safety oversight in the loop. From a test-preparation standpoint, understanding which sections are waivable tells you which operational scenarios will always require advance FAA approval versus which can be self-authorized by a certificated RPIC.

Key Numbers and Rules

The authority for waivers is found at 14 CFR 107.200 (authority) and 107.205 (list of waivable provisions).
Civil twilight is defined as 30 minutes before official sunrise and 30 minutes after official sunset—anti-collision lighting is required for twilight operations without a waiver; a waiver is needed for full darkness.
Standard maximum groundspeed: 87 knots (100 mph); waivable under 107.51.
Standard maximum altitude: 400 feet AGL (or within 400 feet of a structure); waivable under 107.51.
Standard minimum flight visibility: 3 statute miles from the control station; waivable under 107.51.
Standard cloud clearances: 500 feet below and 2,000 feet horizontally from clouds; waivable under 107.51.
All waiver applications are submitted via the FAA DroneZone online portal.
Non-waivable requirements include remote pilot certification, aircraft registration, and carriage of hazardous materials prohibitions.

Common Test Traps

Assuming all Part 107 rules can be waived. Only the sections enumerated in 107.205 are eligible. Requirements like holding a Remote Pilot Certificate cannot be waived—ever.
Confusing waivers with airspace authorizations. Although 107.41 is technically listed as a waivable section under 107.205, controlled airspace access is normally obtained through an authorization (via LAANC or DroneZone facility maps) rather than a formal waiver. These are distinct mechanisms, even though both involve FAA approval.
Misidentifying the twilight window. Civil twilight begins 30 minutes before sunrise and ends 30 minutes after sunset. During this window, operations are permitted without a waiver only if anti-collision lighting visible for 3 statute miles is used. A waiver is required to fly in darkness outside this window.
Thinking a waiver is self-executing. A waiver is issued with specific conditions. The RPIC must operate strictly within those conditions. Deviating from waiver terms is a regulatory violation, just as if no waiver existed.
Overlooking the safety equivalency standard. The FAA does not grant waivers as favors—they require a demonstration that the proposed operation achieves an equivalent level of safety. Applications that simply describe the desired operation without addressing hazards and mitigations are routinely denied.