Part 107 waivers allow remote pilots to operate outside certain regulatory requirements when they can demonstrate an equivalent level of safety through alternative means. Understanding the waiver process is essential for commercial operators who need capabilities that standard Part 107 does not allow.
What Can Be Waived
14 CFR 107.200 lists the specific regulations eligible for waiver. The most commonly sought waivers are:
107.29 -- Daylight operations. Operating at night or during civil twilight without anti-collision lights. (Note: the 2021 night rule update now allows night flights with anti-collision lights without a waiver. Waivers are now primarily sought for specific lighting configurations or operations in conditions that standard lighting cannot cover.)
107.31 -- Visual line of sight. BVLOS (beyond visual line of sight) operations are the most significant and hardest to obtain waivers for.
107.35 -- Multiple aircraft. One pilot operating more than one drone simultaneously.
107.37 -- Yielding right of way. Operations that cannot ensure the drone will always yield to manned aircraft.
107.39 -- Operations over human beings. Prior to the 2021 rule, this was the primary path for over-people operations. Now largely superseded by the Category framework.
107.51 -- Operating limitations. Exceeding speed (87 knots), altitude (400 feet), or visibility/cloud clearance minimums.
The Application Process
All Part 107 waiver applications are submitted through the FAA's DroneZone portal at faadronezone.faa.gov.
1. Define the operation. The application asks for specific operational details: where you will fly, when, how frequently, what aircraft you are using, what the specific waiver need is, and why the standard rule cannot be complied with.
2. Describe your safety case. This is the core of the application. You must explain specifically how your alternative approach provides an equivalent level of safety to the standard rule. Vague safety assertions ("we will be careful") are not sufficient. Specific procedural controls, equipment capabilities, training requirements, and contingency plans are expected.
3. Submit supporting documentation. Depending on the waiver type, the FAA may request checklists, equipment specifications, pilot training records, operational manuals, and airspace coordination documentation.
4. Wait for FAA review. The FAA's target processing time is 90 days, but this varies significantly. Simple waivers (specific location, limited scope) often come back in 30-60 days. Complex BVLOS waivers can take 6-12 months and may require back-and-forth with the FAA.
5. Operate under the waiver. Approved waivers specify the exact conditions under which you may operate. Deviating from those conditions is a regulatory violation even if you have the waiver.
What Actually Gets Approved
The FAA approves waivers that include specific, measurable safety controls tailored to the specific risk of the operation being waived.
Night flight waivers are among the most straightforward. Applications that specify the exact lighting configuration, the pilot's night flight training, the operational area conditions, and the contingency procedures for equipment failure typically succeed.
BVLOS waivers are the most complex and have the lowest approval rate for individual applicants without specialized equipment. The FAA expects detect-and-avoid capability, ground observer networks, or coordination with ATC that provides equivalent safety to visual line of sight. Simple "I can see my drone on FPV" applications are denied.
Over-people waivers were largely made obsolete by the 2021 Category framework. Most of what previously required a waiver can now be accomplished through Category compliance.
Speed and altitude waivers are rare and typically granted only for specific, justified operations with compelling safety mitigations.
Tips for a Successful Application
Be specific. The FAA evaluates waivers based on the specific operation described. "I plan to fly at night in various locations" will not succeed. "I plan to fly on the private industrial property at [address], between the hours of 10 PM and 2 AM, using [specific lights], with the following crew and procedures..." has a much better chance.
Address each hazard directly. Identify what can go wrong in your operation, explain why it is more likely or more severe because of the waiver, and describe specifically how you will mitigate it.
Use the FAA's own published guidance. The FAA has published waiver safety cases for common waiver types. Reviewing approved waivers (some are public records) shows what level of detail is expected.
Start simple. Your first waiver application will teach you a lot about what the FAA wants. Starting with a limited-scope, time-limited waiver for a specific location is more likely to succeed than an open-ended national waiver.
Waiver vs. Airspace Authorization
Waivers are different from airspace authorizations. An airspace authorization (LAANC or DroneZone waiver for airspace) gives you permission to fly in controlled airspace. A Part 107 waiver modifies the operating rules themselves.
You may need both for certain operations -- for example, a BVLOS operation at night in Class D airspace would need both a BVLOS waiver (107.31) and a Class D airspace authorization (107.41).
Check your full regulatory picture before operating. UAS SkyCheck covers the airspace authorization side -- the Part 107 waiver is a separate process through DroneZone.