Night drone flight is legal under Part 107. No waiver required. That changed in April 2021 when the FAA amended 14 CFR 107.29, removing the night waiver requirement and replacing it with a straightforward equipment rule.
But legal does not mean unrestricted. The rules, the equipment, and the operational considerations for night flight are specific. Here is what you need to know before flying after dark.
The Rule: 14 CFR 107.29
Under the amended 107.29, a remote PIC may operate a small UAS at night if the aircraft has an anti-collision light that is visible for at least 3 statute miles. The light must be on during the entire operation. No other modifications to Part 107 are required for night flight.
That is the complete rule. There is no curfew, no minimum altitude, no geographic restriction specific to night operations, and no waiver process. If your aircraft has a visible anti-collision light, you can fly at night under Part 107.
What Counts as Night
The FAA defines night as the time between the end of evening civil twilight and the beginning of morning civil twilight. Civil twilight ends 30 minutes after sunset and begins 30 minutes before sunrise.
That means there are three distinct periods to know:
- Daytime: sunrise to sunset. No special lighting required.
- Civil twilight: 30 minutes before sunrise and 30 minutes after sunset. Anti-collision lights required under 107.29.
- Night: after end of civil twilight to before beginning of civil twilight. Anti-collision lights required.
Many pilots miss the civil twilight requirement. The light is mandatory starting 30 minutes before sunrise and for the full 30 minutes after sunset, not just during full darkness.
Anti-Collision Light Requirements
The FAA's requirement is simple: visible for 3 statute miles. It does not specify color, flash pattern, placement, or brand. In practice, most pilots use a dedicated strobe light; aftermarket options from Lume Cube, Firehouse, and similar brands are common and mount to standard drone accessory rails.
The built-in navigation lights on many consumer drones (DJI aircraft, for example) are typically not sufficient on their own for the 3 SM visibility requirement. Check your aircraft documentation and test visibility in representative conditions before relying on built-in lighting alone.
The light must be on for the entire operation. Turning it on only during flight and off during preflight or landing does not satisfy the rule.
Visual Line of Sight Still Applies
The VLOS requirement under 14 CFR 107.31 does not change at night. The remote PIC must maintain visual line of sight with the aircraft throughout the operation, unaided by first-person view (FPV) systems alone.
In practice, this means you must be able to see the aircraft well enough to determine its attitude, heading, and altitude at all times. At night, this is primarily accomplished through the aircraft's lights. If you cannot distinguish the aircraft's orientation from its lighting, you are not maintaining VLOS.
FPV goggles are not a substitute for VLOS. A visual observer trained and positioned for the operation can assist, but does not replace the PIC's own VLOS responsibility.
Airspace Authorization Still Required at Night
Night flight does not change airspace requirements. If you are in Class B, C, D, or E surface airspace, LAANC authorization is still required regardless of time of day.
One important exception: many Class D airports have towers that close at night. When the tower closes, the airspace reverts to Class G and no authorization is required. Tower closing times vary by airport and are published in the Chart Supplement. Check the specific airport before assuming you need (or do not need) authorization.
Practical Night Flight Considerations
Beyond the regulatory requirements, night operations introduce real operational risks that experienced night pilots account for:
- Obstacle recognition: power lines, antennas, and trees are much harder to see at night. Know the terrain before dark.
- Spatial disorientation: without visual references, maintaining altitude and orientation is harder. Rely on your aircraft's telemetry and lighting.
- Battery performance: cold night temperatures reduce LiPo capacity. Plan for shorter flight times and keep spare batteries warm.
- Wildlife activity: birds of prey are active at dusk and dawn. Owls and hawks do not avoid drone lights.
- Reduced visibility for others: your anti-collision light tells manned aircraft you are there. Make sure it is working before launch.
What Requires a Waiver
The 2021 rule change removed the night waiver requirement for standard Part 107 operations. However, waivers are still required for certain night scenarios:
- Operations over people at night (requires Category 1-4 authorization under Part 107 Subpart D / 107.39; no separate night waiver needed since the 2021 amendment)
- Operations from a moving vehicle at night (107.25 waiver)
- BVLOS operations at night
Standard night flight with VLOS, proper lighting, and no flight over people requires no waiver whatsoever.
Checking Your Solar Window Before Night Flights
Civil twilight times vary by location and change daily. Before any evening or early morning operation, confirm the exact civil twilight times for your specific coordinates, not a nearby city or generic sunrise/sunset table.
UAS SkyCheck calculates civil twilight begin and end times for your exact flight location using the NOAA solar algorithm, and shows whether you are currently in daylight, civil twilight, or night, along with a countdown to the next solar window change.
Recreational Pilots: Same Night Rules Apply
The 107.29 night rule (anti-collision lights visible for 3 statute miles) applies to recreational flyers under §44809 as well. The requirement is the same whether you are flying commercially under Part 107 or recreationally under the Exception for Limited Recreational Operations.
The only difference is your legal basis. Part 107 pilots carry their Remote Pilot Certificate. Recreational pilots must have completed TRUST and carry proof. Both need the anti-collision light.
If you fly recreationally and have not yet completed TRUST, see the TRUST guide first.
UAS SkyCheck shows your current solar window, civil twilight times, and fly-until countdown for your exact location in every check. At night, the Pilot-tier pre-flight checklist expands from 12 to 17 items, adding specific checks for anti-collision light verification, obstacle survey, VLOS confirmation, cold-air battery voltage, and return path planning. Try it free at uas-skycheck.app, no account required.
Regulations referenced: 14 CFR 107.29 (night operations, amended April 21, 2021), 14 CFR 107.31 (visual line of sight), 14 CFR 107.39 (operations over people), 14 CFR 107.25 (operation from moving vehicle). Always verify current regulatory text at ecfr.gov.