Part 107 Waivers: When Standard Rules Don’t Fit Your Job
Standard Part 107 rules work for most drone operations. But some jobs require flying at night without standard lighting, operating over crowds, or working beyond visual line of sight — all situations where the default rules say no. That’s where waivers come in. A waiver is the FAA saying “okay, you’ve demonstrated you can do this safely, so we’ll grant an exception.”
Night Operations
The 2021 rule change made basic night flying legal for all Part 107 pilots with proper anti-collision lighting — you don’t need a waiver for that anymore. But some operations still require waivers: flying at night without the standard lighting configuration, or conducting extended night work in conditions that fall outside what the general authorization covers. If you’re doing regular nighttime commercial work (construction site monitoring, event coverage), it’s worth understanding exactly what the general authorization allows versus what still needs a specific waiver.
Flying Over People
The four categories of operations over people are based on your drone’s weight and impact energy. Category 1 covers tiny drones under 0.55 pounds — no waiver needed. Categories 2 and 3 have specific kinetic energy thresholds that the drone must meet. Category 4 requires an FAA-approved airworthiness certificate. If your drone is too heavy or doesn’t meet the impact energy requirements for its category, you need a waiver — and those aren’t easy to get. The FAA wants detailed risk mitigation for any operation where a drone could fall on someone.
The Application Process
Waiver applications go through FAA DroneZone and require more documentation than most pilots expect. You’ll need detailed operational procedures, risk assessments, pilot qualification records, and specific mitigation strategies for the hazards your operation creates. Generic answers get rejected — the FAA wants to see that you’ve thought through your specific scenario, not that you copied a template. Processing times range from 90 days to several months, and the FAA may come back with questions or require additional documentation before making a decision. Plan well ahead of when you need the waiver.
After Approval
A waiver isn’t a blanket permission slip. It comes with specific conditions — time of day, location parameters, aircraft requirements, crew qualifications — and you need to follow all of them exactly. The FAA can revoke a waiver if you violate its terms, and a revocation also puts your Part 107 certificate at risk. Keep your waiver documentation current and accessible, and brief your crew on the specific conditions before every operation.
