Part 107 waivers allow remote pilots to conduct operations that would otherwise violate the standard regulatory requirements. The waiver system exists because the FAA recognizes that some safe operations are prohibited by the general rules, and that operators who can demonstrate adequate safety mitigations should be able to conduct those operations.
Understanding what waivers exist, what the FAA actually approves, and how to apply is important knowledge for any commercial operator considering non-standard operations.
What Waivers Are Available
The FAA may issue waivers for specific sections of 14 CFR Part 107. The waivable sections are:
107.25 -- Operations from a moving vehicle or aircraft. Allows operating a drone from a moving ground vehicle in a sparsely populated area. Standard rule requires operation from a stationary position.
107.29 -- Daylight operation. This waiver is now largely obsolete. The 2021 amendment to 107.29 removed the night waiver requirement -- night operations are now permitted without a waiver as long as anti-collision lighting requirements are met. Waivers issued before 2021 may still appear in historical references.
107.31 -- Visual line of sight. The most significant waiver for advanced operators. Allows beyond visual line of sight (BVLOS) operations. Also covers operations using a visual observer (VO) in lieu of direct pilot VLOS.
107.35 -- Operation of multiple small unmanned aircraft. Allows one pilot to operate more than one drone simultaneously.
107.36 -- Careless or reckless operation. This section cannot actually be waived -- it is a general safety standard. It appears on the waivable list as a formality.
107.37(a) -- Yielding right of way. Rarely waived independently.
107.39 -- Operation over human beings. Operations not meeting Category 1-4 requirements under 107.110-107.145 require a waiver. This has largely been superseded by the operations over people rule.
107.51 -- Operating limitations. Altitude above 400 ft AGL, speed above 87 knots, or visibility below 3 SM. Altitude waivers above 400 ft are occasionally issued for specific infrastructure inspection projects.
What Actually Gets Approved
The FAA receives thousands of waiver applications and approves a fraction of them. Understanding the approval rate reality helps set expectations.
BVLOS waivers (107.31) are the most sought-after and most scrutinized. They are approved for specific geographic corridors, specific aircraft, specific operational procedures, and specific safety mitigations. Generic BVLOS applications are almost never approved. Approved BVLOS operations typically involve UTM (UAS Traffic Management) integration, detect-and-avoid technology, or highly controlled geographic environments (pipeline corridors, private property).
Operations over people waivers (107.39) have been largely replaced by the Category system (107.110-107.145). Most over-people operations that previously required waivers now qualify under Category 1 (under 0.55 lbs) or Category 2/3 (FAA-listed aircraft).
Multi-aircraft operations (107.35) are approved for specific automation-heavy applications -- inspection swarms, synchronized show drones, agricultural operations with proven autonomy.
Altitude waivers above 400 ft are issued for tower inspection, wind turbine inspection, and similar tall structure applications where the work cannot be accomplished within 400 ft AGL of the ground.
Operations Over People: The Category System
Since 2021, most operations over people are handled through the Category system rather than waivers. Understanding the categories is more immediately useful than the waiver process for most operators.
Category 1. Aircraft weighing 0.55 lbs (250g) or less, no exposed rotating parts that could lacerate. No FAA listing required. Most mini drones qualify.
Category 2. Aircraft on the FAA's declared list for Category 2, with a maximum transfer of kinetic energy of 11 ft-lbf. Sustained operations over people permitted (not over moving vehicles).
Category 3. Aircraft on the FAA's declared list for Category 3, with a maximum transfer of kinetic energy of 25 ft-lbf. Operations over people in restricted areas only (the public has been warned, access is controlled). No operations over open-air assemblies.
Category 4. Aircraft with an FAA-issued airworthiness certificate. Limited to specific aircraft meeting type certificate standards.
Check the FAA's declared list for Category 2 and 3 aircraft. Most major commercial drone platforms appear on one of the lists.
How to Apply for a Waiver
Step 1: Determine if you actually need a waiver. Many operations that pilots assume require a waiver are permitted under the standard rules or Category system. Review the applicable regulations carefully before starting a waiver application.
Step 2: Document your safety case. The FAA requires a detailed description of your proposed operation, the specific regulatory sections you are requesting a waiver from, the mitigations you will use to ensure equivalent safety, and your procedures for emergency situations. Generic applications are rejected. Specific, detailed safety cases with concrete mitigations are what gets approved.
Step 3: Apply through DroneZone. The FAA's DroneZone system (faadronezone.faa.gov) is where waiver applications are submitted. Create or log in to your account and select "Apply for Waiver or Authorization."
Step 4: Allow adequate processing time. The FAA processes most waiver applications within 90 days. Complex BVLOS applications may take longer. Do not plan commercial operations that depend on an approved waiver without significant lead time.
Step 5: Comply with conditions. Approved waivers include specific conditions and limitations. Operating outside those conditions is a violation of both the waiver and the underlying regulation.
What Waivers Cannot Do
Waivers apply to Part 107 regulations. They do not override:
- FAA airspace authorization requirements -- a BVLOS waiver does not give you Class B authorization
- TFR restrictions -- no waiver permits operations in an active TFR
- State and local law -- waivers do not preempt California state drone regulations or local ordinances
- Airspace classification restrictions -- controlled airspace still requires LAANC or FAA authorization
LAANC vs. Waivers
LAANC and waivers are separate systems that address different issues.
LAANC provides authorization to fly in controlled airspace (Class B, C, D, and surface Class E). It does not permit operations that violate standard Part 107 limitations.
A waiver permits operations that violate standard Part 107 limitations. It does not provide airspace authorization.
A BVLOS operation in Class D airspace near an airport requires both a BVLOS waiver and LAANC authorization. The two systems are cumulative, not interchangeable.
Before any commercial operation, verify airspace authorization and check for TFRs at uas-skycheck.app. LAANC authorization for controlled airspace is separate from FAA waivers.