Part 107 Waivers Explained: Night, Over People, BVLOS & More
Part 107 waivers were once the only path to legal operations at night, over people, or beyond visual line of sight. Some of those needs are now covered by the base rule; others still require waiver applications through FAA DroneZone. Here's the current state of Part 107 waivers as of August 2026 — what still needs one, what doesn't, and how the process works.
What a Part 107 waiver actually is
A Part 107 waiver is FAA authorization to deviate from a specific operational limit in the base rule. The waiver applies to a specific operator (or organization), for specific conditions, with specific mitigations documented in the application. Waivers are not blanket approvals — they're narrow permissions tied to the safety case the operator presents.
Waivers are applied for through FAA DroneZone. Processing time ranges from weeks to many months depending on complexity. High-quality applications with well-documented mitigations tend to move faster than incomplete or generic submissions.
What no longer needs a waiver (as of Aug 2026)
- Night operations. Since April 2021, no waiver required if the aircraft has anti-collision lighting visible for at least three statute miles and the pilot holds a current Part 107 certification with the night-operations knowledge test. See best anti-collision lighting.
- Operations over moving vehicles. Since the 2021 rule revision, permitted under specific conditions without waiver — but the operation must satisfy operations-over-people categories or the vehicles must be within a restricted-access site.
- Operations over people (Categories 1–4). Since April 2021, categorical approval based on aircraft weight and injury risk, with Category 1 (sub-250g, no exposed rotating parts capable of laceration) needing no additional documentation. See operations over people explained.
What still requires a waiver
Beyond Visual Line of Sight (BVLOS)
BVLOS operations under Part 107 still require a 107.31 waiver as of August 2026. Approvals are granted for specific missions (typically infrastructure inspection, delivery, or agricultural operations) with detect-and-avoid systems, ground observers, or defined operational geography. Part 108 (see Part 108 explained) will eventually create a standardized BVLOS framework, but it was filed with OIRA on July 10, 2026 and publication is realistically late 2026 or early 2027 — with a further 6–12 month transition. Until then, BVLOS = waiver.
Operation of multiple aircraft by a single pilot
The base rule requires one pilot per aircraft. Waivers exist for swarm and multi-aircraft operations, but they're granted narrowly, primarily to demonstrated professional operators with automated multi-aircraft platforms.
Operations from a moving vehicle in a populated area
The base rule permits operations from moving vehicles in sparsely populated areas only. Waivers for populated areas exist but are rarely granted to non-emergency-services operators.
Operations above 400 ft AGL
The base rule caps AGL at 400 ft (or within a 400-ft radius of a structure, whichever is higher for the specific structure). Higher-altitude operations require a 107.51(b) waiver, typically for infrastructure inspection at height (transmission towers, wind turbines) or in specific rural airspace.
Class B/C/D/E airspace without LAANC
Most controlled-airspace operations run through LAANC (Low Altitude Authorization and Notification Capability), which grants near-real-time approval. Where LAANC isn't available or when the operation exceeds LAANC's altitude limits at a specific facility, a written airspace authorization is required — technically a different mechanism than a waiver but functionally similar.
The waiver application workflow
- Identify the specific rule you need waived. Waivers are granted against specific CFR sections (e.g., 107.31 for VLOS, 107.51 for altitude). Vague "I want to do X" applications get denied.
- Draft a safety case. The application must explain how the proposed operation will maintain safety equivalent to the base rule. This is the primary content of the application.
- Document the mitigations. Detect-and-avoid systems, visual observers, restricted operational geography, additional certifications, aircraft-specific technology — whatever is being used to substitute for the rule being waived.
- Submit through FAA DroneZone. Online-only submission. Track status in the DroneZone dashboard.
- Respond to FAA questions. Complex applications frequently generate clarification requests. Fast responsive answers move the timeline forward.
- Receive the certificate (or denial). Approvals come as a Certificate of Waiver, typically valid for a defined duration and with specific operational conditions.
What makes an application actually get approved
Patterns from operators who consistently get waivers approved:
- Narrow, specific operations. "BVLOS for pipeline inspection along a specific 12-mile corridor" beats "BVLOS operations." Specificity signals a real, planned operation with defined boundaries.
- Real mitigations, not marketing. Actual detect-and-avoid hardware with published specs beats claimed safety procedures.
- Documented operator competence. Prior Part 107 waivers held without incident, professional certifications, and organizational safety documentation all support the application.
- Realistic scope. Short-duration waivers (six months, one year) for defined operations get approved more easily than open-ended blanket requests.
Recommended gear for waiver-eligible operations
Some Part 107 waivers effectively require specific gear — three-mile anti-collision lighting for night, detect-and-avoid systems for some BVLOS applications, and Remote ID beyond the base broadcast requirement for some multi-aircraft waivers.
Part 107-compliant anti-collision strobe (3-mile visibility)
For night operations (no longer waiver-required, but still requires this equipment). Three-statute-mile visibility, high-frequency flash rate, USB-C rechargeable. The base equipment for legal night flight under the current rule.
Affiliate disclosure: We may earn a commission from qualifying purchases made through links on this page, at no extra cost to you.
Prices and availability vary — verify on the retailer's page.
External Remote ID broadcast module
For aircraft without built-in Remote ID (older platforms) or for redundant broadcast on multi-aircraft operations. FAA-declared modules from Dronetag, Aloft, and other manufacturers with signed declarations of compliance.
Prices and availability vary — verify on the retailer's page.
Cross-links
See Part 108 BVLOS explained for the upcoming standardized BVLOS framework, operations over people categories for the categorical rules that replaced most operations-over-people waivers, and best anti-collision lighting for the equipment side of night operations.
Bottom line
Part 107 waivers are narrower and less common than they were a few years ago — night, operations over people, and moving-vehicle operations are all covered by the base rule now. What remains is primarily BVLOS (waiver-required until Part 108 is in force), multi-aircraft operations, and altitude waivers for specific infrastructure work. If your operation needs one, plan for weeks to months of processing time and document your mitigations concretely. Vague applications get denied; specific, well-supported applications get approved.
Frequently Asked Questions
How long does a Part 107 waiver application take?
Weeks to months depending on complexity. Simple altitude waivers for specific structures move fastest. BVLOS applications with novel detect-and-avoid claims can take six months or longer. Simple waivers with well-documented mitigations move faster than complex or vague ones.
Can I get a Part 107 waiver for recreational operations?
No — waivers are only available under Part 107 (commercial). Recreational operations under the TRUST framework don't have a waiver mechanism; the operational limits are fixed by statute and the community-based organization's safety guidelines.
Do I need a waiver to fly over my own property?
No, if the flight complies with the base Part 107 rules — under 400 ft AGL, VLOS maintained, in Class G or LAANC-cleared airspace, aircraft under 55 lb, and other standard limits. Ownership of the underlying property doesn't change the airspace rules.
Can I get a Part 107 waiver for a one-time operation?
In practice, no — the FAA's waiver process is oriented toward defined ongoing operations, not single events. Emergency circumstances may allow expedited authorizations through different mechanisms (Special Governmental Interest waivers, mostly for public agencies), but a private operator's one-time need typically doesn't fit the process.
What's the difference between a waiver and a LAANC authorization?
LAANC is the automated airspace authorization system for controlled airspace — near-real-time approval up to defined altitude limits at towered airports. A waiver is FAA review of a proposed deviation from a specific operational rule. Different mechanisms, different processes, different scopes.
Will Part 108 replace the need for Part 107 waivers?
For BVLOS specifically, yes eventually — Part 108 creates a standardized framework that replaces the one-off 107.31 waiver process for qualifying operations. Part 108 doesn't affect other waiver categories (altitude, multiple aircraft, populated-area moving vehicle). And Part 108 isn't in force yet — it was filed with OIRA July 10, 2026 with publication realistically late 2026 or early 2027.