Night Drone Flying Under Part 107: What Changed in 2021 and How to Do It Legally

Night drone photography changed dramatically on April 21, 2021, when the FAA's Small UAS Rule Update (FAA-2020-0193) took effect. Before that date, flying a drone after civil twilight under Part 107 required a formal waiver from the FAA, a process that could take months and often resulted in denials. After it, night operations became routine for any certificated Part 107 pilot -- with one key requirement.

What the Current Rule Requires

Under 14 CFR 107.29 (amended 2021), Part 107 operators may fly at night provided:

1. The aircraft is equipped with anti-collision lighting visible for at least 3 statute miles.
2. The lighting must have a flash rate sufficient to avoid a collision.
3. The pilot may turn off lighting if it would compromise safety of the mission (rare, but the exception exists for tactical applications).

That is the complete list of night-specific requirements under Part 107. No waiver. No airspace restriction specific to night operations. No additional endorsement on your Remote Pilot Certificate.

Night is defined as the period from the end of evening civil twilight to the beginning of morning civil twilight. This is not simply "after dark" -- civil twilight ends when the center of the sun is 6° below the horizon, which typically occurs 20-40 minutes after sunset depending on your latitude and the time of year. UAS SkyCheck shows you whether you are currently in daylight, civil twilight, or night at your planned location.

The Anti-Collision Light Requirement

The 3 SM visibility requirement for anti-collision lighting is the core technical hurdle for night operations. Most consumer drones (DJI Mini 3, DJI Air 3, Autel Evo Nano+) do not have anti-collision lights that meet this standard from the factory.

What meets the requirement:

• Third-party strobes designed for Part 107 compliance (Lume Cube Strobe, D-IDT strobe, various FAA-compliant options)
• Aircraft with factory-installed anti-collision lighting certified to the 3 SM visibility standard
• Some professional aircraft (DJI Matrice series) ship with compliant lighting

What does not meet the requirement:

• The standard status LEDs on consumer drones (DJI, Autel) -- these are visible in the pilot's immediate vicinity but not at 3 SM
• Navigation lights without a flash rate
• Any light that has not been verified against the 3 SM standard

How to verify 3 SM visibility: The regulation does not specify a test procedure. The standard is whether the light is visible at 3 SM under typical conditions. Commercial strobes marketed as FAA-compliant typically include visibility documentation from the manufacturer. Consumer status LEDs do not.

Mounting matters: the light needs to be visible from all directions (360°) or from the directions that other aircraft might approach. Many pilots mount a strobe on the top of the aircraft.

Airspace at Night

Night does not change your airspace authorization requirements. If the location requires LAANC during the day, it requires LAANC at night. Class G is Class G around the clock.

One practical difference: LAANC authorization requests submitted after business hours may not receive responses from facilities that require staff review. Most LAANC authorizations are automated and instant. Submit your authorization before sunset to avoid any timing issue.

TFRs also apply 24 hours a day. Check for active TFRs on the evening of your night shoot, not the morning before.

Visual Line of Sight at Night

Part 107's VLOS requirement does not change at night, but it becomes harder to satisfy. You must be able to see your aircraft at all times during flight.

Practical VLOS challenges at night:

• Without adequate lighting, the aircraft is invisible against a dark sky beyond a short distance
• The anti-collision strobe helps identify the aircraft's position but is not as easy to track as a lit aircraft in daylight
• Light pollution in urban areas can make it harder to see a strobe against ambient light at distance

Standard practice: fly closer than you would in daylight. Know where your aircraft is in relation to you at all times. A lost aircraft is a VLOS violation regardless of time of day.

Civil Twilight Operations

Civil twilight is the legally distinct period between daylight and night. It is still Part 107 territory but with the anti-collision light requirement:

• Morning civil twilight: from the beginning of civil twilight (sun 6° below horizon, pre-dawn) through sunrise
• Evening civil twilight: from sunset through the end of civil twilight

During civil twilight, the anti-collision light is required under the same 107.29 amendment. Civil twilight is the "golden hour" equivalent for drone photography -- directional light, cooler color temperature, no harsh shadows. Many commercial pilots specifically target civil twilight for architectural, landscape, and real estate work. The lighting conditions are excellent and the airspace situation is identical to night.

Night Operations Checklist

Before a night flight:

1. Verify anti-collision lighting is installed, functional, and meets the 3 SM visibility standard
2. Check civil twilight times for your location and date (UAS SkyCheck shows these in the result card)
3. Obtain LAANC authorization if required -- do this before sunset, not at dusk
4. Check for active TFRs -- these apply at all hours
5. Pre-flight the aircraft in daylight if possible -- equipment failures are harder to assess at night
6. Know your go-home battery percentage -- night operations reduce your visual reference points, making battery management more critical
7. Carry a bright flashlight -- for finding a landed aircraft in low-light conditions and for communicating with any approaching manned aircraft
8. Document the flight -- date, time, location, anti-collision light type and mounting, LAANC authorization number if applicable

Common Mistakes

Assuming the status LEDs satisfy the anti-collision light requirement. They do not. The DJI Mini 4 Pro's navigation lights are visible at close range, not at 3 SM. Add a compliant strobe.

Not accounting for civil twilight. Many pilots who obtained their certificate before 2021 think night begins at sunset. It does not -- civil twilight begins at sunset and ends when the sun is 6° below the horizon. The lighting requirement applies during civil twilight, not just after full dark.

Flying further at night than you would in daylight. The anti-collision strobe helps you locate the aircraft, but it does not substitute for visual tracking of the aircraft's attitude, altitude, and proximity to obstacles. Stay close.

Not checking LAANC in advance. The airspace requirement does not disappear at night. If the location needs LAANC authorization, get it before you launch.

Night Photography and Recurrent Training

The Part 107 recurrent knowledge test (required every 24 calendar months to keep your certificate current) now includes content on night operations and the 2021 rule changes. If your certificate has lapsed, you will be tested on the current night flying rules before reinstatement. The TRUST recurrent test for recreational pilots does not include these questions -- another distinction between recreational and Part 107 certification.

Rules change. This post reflects the regulations as we understood them on the date above and is not updated automatically. Verify current federal rules at faa.gov/uas, and any state or local rules with the relevant authority, before you fly.