Part 107 Waivers: What Can Be Waived?

A Part 107 waiver lets the FAA approve a specific departure from an eligible drone operating rule when the applicant shows how the flight can remain safe. Waivable subjects include visual line of sight, multiple-aircraft operations, certain night-lighting requirements, flights over people or moving vehicles, and operating limits. Only provisions listed in § 107.205 qualify. A waiver does not replace a remote pilot certificate or automatically provide airspace access.

For an operator planning an unusual job, the first step is to identify the exact rule the proposed flight cannot meet. Some flights that sound exceptional, including compliant night flights and certain operations near tall structures, already fit the ordinary rules.

On This Page

• Which Part 107 rules can be waived?
• Check the existing exceptions first
• Separate a waiver from airspace authorization
• What a Part 107 waiver cannot cover
• Build the application around the actual operation
• Read the approval before committing to the flight

Which Part 107 rules can be waived?

The following table covers the complete list in 14 CFR § 107.205, checked September 7, 2026. These are subjects the FAA may consider, not automatic permissions. The practical descriptions summarize the listed provisions; the limits column identifies qualifications that affect an application.

BVLOS means beyond visual line of sight. An aircraft's advertised radio range does not establish permission to use that range. Likewise, an approved deviation from the visual-observer rule does not itself waive the visual-line-of-sight rule. The certificate must cover the actual departures involved. Under § 107.200, relief extends only as far as the issued certificate specifies.

Check the existing exceptions first

Night operations

A flight does not need a waiver simply because it occurs at night. Under § 107.29, the remote pilot in command must have completed the applicable initial knowledge test or training under § 107.65 after April 6, 2021. The aircraft also needs functioning anti-collision lighting visible for at least three statute miles, flashing sufficiently to avoid a collision. Other applicable rules still apply.

The pilot may reduce the lighting's intensity when operating conditions make that necessary for safety, but may not extinguish it under the ordinary rule. An operation that cannot satisfy the lighting requirements may need relief from § 107.29(a)(2), (b), or both. That does not waive the pilot's training obligation.

Altitude, speed and weather

The ordinary § 107.51 limits are 87 knots, equivalent to 100 mph groundspeed; 400 feet above ground level; at least three statute miles of flight visibility from the control station; and cloud separation of at least 500 feet below and 2,000 feet horizontally.

There is a built-in altitude exception: an aircraft within a 400-foot radius of a structure may fly up to 400 feet above that structure's immediate uppermost limit. For example, a proposed inspection 100 feet above a 500-foot structure could fit the altitude rule if it stays within that radius. This hypothetical example resolves only the altitude question; airspace authorization and the other flight rules still need separate checks.

People, vehicles and the pilot's location

Under § 107.39, direct participants and people reasonably protected by a covered structure or stationary vehicle are exceptions to the general prohibition. Category 1, 2, 3 or 4 operations provide another route when all relevant aircraft and operating requirements are met. A lightweight drone alone does not establish eligibility: Category 1 also prohibits exposed rotating parts capable of causing lacerations. The FAA's operations-over-people overview explains the category differences.

Flying over a moving vehicle and flying from one are different questions. For operations over occupants of moving vehicles, Categories 1 through 3 require either the specified restricted-site and notice conditions or no sustained flight over moving vehicles. Category 4 has its own airworthiness and operating-limit requirements.

For the pilot operating from a moving land or water vehicle, § 107.25 already allows flight over a sparsely populated area if the aircraft is not carrying someone else's property for compensation or hire. That exception does not permit operating from a moving aircraft. See the applicable provisions in Part 107 before selecting waiver relief.

Separate a waiver from airspace authorization

An operational waiver addresses a departure from an operating rule. An airspace authorization supplies the prior air traffic control permission required by § 107.41 for Class B, C and D airspace and the airport-designated surface area of Class E airspace.

For ordinary compliant flights, authorization may be available through LAANC, the Low Altitude Authorization and Notification Capability, or FAA DroneZone. The FAA's Flying Near Airports guidance directs operators to DroneZone when they intend to use a Part 107 waiver in controlled airspace.

For example, a hypothetical BVLOS inspection in Class D airspace has at least two permission questions: relief for the proposed operating-rule departure and access to the airspace. Receiving one does not resolve the other. Read both approvals together, including their altitude, area and operating conditions. Although § 107.41 appears on the regulatory waiver list, ordinary authorization may meet the need.

What a Part 107 waiver cannot cover

The list is finite. It does not include the remote pilot certification and currency requirements, registration, the hazardous-material prohibition, or the prohibition on careless or reckless operation. It lists § 107.37(a), but not § 107.37(b), which prohibits operating so close to another aircraft that a collision hazard results.

Part 107 applies to qualifying civil small unmanned aircraft operations in the United States; operations under the recreational exception in 49 U.S.C. 44809 fall outside it. A small unmanned aircraft weighs less than 55 pounds at takeoff, counting everything attached or carried. A Part 107 waiver cannot lift that weight threshold or waive separate Remote ID requirements in Part 89. These boundaries follow from Part 107's applicability and definitions and its limited waiver list.

The exclusions for carrying another person's property for compensation or hire matter especially to proposed delivery operations: waivers of §§ 107.25 and 107.31 cannot authorize that carriage. If a proposed activity falls outside Part 107's scope or waiver authority, it needs a separate applicable approval path or a redesigned operation.

Build the application around the actual operation

New operational-waiver applications go through Aviation Safety Hub, according to the FAA's current Part 107 waiver instructions. Previously submitted applications remain in DroneZone for processing; the airspace-authorization application process also remains there. Older tutorials that direct every new operational waiver to DroneZone are outdated.

The FAA applicant guide organizes the application into operator information, proposed operation, requested waivers, supporting documentation and safety evaluation. Operational answers determine which regulations appear in the requested-waivers section. Check that list against the flight you actually intend to conduct.

Prepare a concept of operations that makes the proposed flight concrete: where it will occur, its boundaries and altitude, the aircraft configuration, the people involved, and the normal and contingency procedures. The application supports uploading that document and additional evidence. Keep diagrams, maps and procedures consistent; an altitude in a map should not contradict the operating description.

Use the FAA's Waiver Safety Explanation Guidelines for the particular provisions requested. For BVLOS, for example, the questions address aircraft position, containment, control-link capability, detection and avoidance of other aircraft, failure alerts, weather and personnel training. A statement that the aircraft has a return-to-home feature leaves unanswered where it will fly and what it might encounter on the way.

As a practical drafting method, pair each hazard with a mitigation and its supporting evidence. For a lost control link, describe the programmed behavior, route or landing area, crew actions, and how that behavior has been verified. Use documented results rather than marketing promises. For night or twilight operations, explain the additional risks too.

The FAA aims to decide requests within 90 days, but complexity and completeness affect processing time. That is not a promised turnaround. Monitor Aviation Safety Hub for information requests: the FAA says failure to respond within 30 days results in cancellation and requires resubmission.

Read the approval before committing to the flight

Under § 107.200, the FAA may add limitations, and the recipient must comply with the issued conditions. Treat the certificate as the boundary of the approved operation. Verify its effective period, covered provisions, aircraft and personnel conditions, geographic scope, and any required records before relying on it.

Keep a usable copy of the certificate and its conditions with the operating procedures, and retain whatever documentation the approval requires. Brief the crew on the conditions that change their actions. Training for a waived operation develops competence to perform it; completing a course does not itself grant the waiver.

Before accepting the job, resolve three questions: can it fit the existing rule, does every necessary departure qualify for waiver, and do the approvals actually cover the planned flight? If an essential condition cannot be met, change the operation before launch.

Sources

• 14 CFR § 107.205: regulatory list of waivable provisions and property-carriage exclusions.
• 14 CFR § 107.200: safety justification, certificate scope and conditions.
• 14 CFR § 107.29: night-training and anti-collision-lighting requirements.
• 14 CFR § 107.51: speed, altitude, visibility, cloud clearance and the structure exception.
• 14 CFR Part 107: applicability, definitions, baseline obligations and operating exceptions.
• FAA Operations Over People General Overview: agency explanation of categories and moving-vehicle operations.
• FAA Flying Near Airports: airspace-authorization routes, including operations using a waiver.
• FAA Part 107 Waivers: current submission platform, legacy applications, processing targets and response deadlines.
• FAA 107 Waivers Applicant Guide: application sections, regulation selection and supporting documents.
• FAA Waiver Safety Explanation Guidelines and Guiding Questions: operation-specific safety questions; revision dated June 14, 2024.

The eCFR displayed Title 14 as current through September 3, 2026. Recheck the linked regulations, FAA application instructions and your actual approval conditions before applying or flying; platforms, requirements and guidance can change.

Last checked: September 7, 2026.