Night Operations Waiver: What You Need to Fly After Sunse...

Table of Contents

1. The Rule Change: What Happened on April 6, 2021
2. Before 2021: The Waiver Era
3. Current Rule: 14 CFR 107.29
4. Civil Twilight: Understanding the Definition
5. Anti-Collision Light Requirements
6. Training Requirements for Night Operations
7. Night Operations Best Practices
8. FAQ
9. Summary

The Rule Change: What Happened on April 6, 2021 {#rule-change}

On January 15, 2021, the FAA published the final rule titled "Operation of Small Unmanned Aircraft Systems Over People" (86 FR 4314). This rule, which took effect on April 6, 2021, made two major changes:

1. Night operations no longer require a waiver — operators may fly at night under standard Part 107 authority, provided they meet the anti-collision lighting requirement
2. Operations over people were codified into four categories (Category 1-4)

Why this matters: Before this rule, flying a drone at night required a Part 107 waiver under 14 CFR 107.29. The waiver process took approximately 90 days and required a safety case. This created a significant barrier for commercial operators who needed night capability — real estate photographers, infrastructure inspectors, law enforcement support, event coverage, and many others.
The 2021 rule eliminated this barrier entirely, replacing it with a simple equipment requirement.
Before 2021: The Waiver Era {#before-2021}
From Part 107's effective date (August 29, 2016) through April 5, 2021, the original 14 CFR 107.29 required that all small UAS operations be conducted during daylight or during civil twilight with appropriate anti-collision lighting. Flying after the end of civil twilight — what most people would call "nighttime" — was prohibited unless the operator held a waiver under 14 CFR 107.200.
The waiver process required:
• Submission through FAA DroneZone
• A safety case demonstrating equivalent safety for night operations
• Approximately 90-day processing time
• Conditions including lighting, crew coordination, and area familiarity requirements
• Periodic renewal
Night operation waivers were among the most commonly requested and most commonly granted Part 107 waivers during this period.
Historical note: If you hold an existing night operations waiver from before April 2021, it is still valid until its expiration date. However, you no longer need it — the standard Part 107 rules now permit night flight without a waiver. You may let it expire without renewal.
Current Rule: 14 CFR 107.29 {#current-rule}
The current version of 14 CFR 107.29 (as amended April 6, 2021) states:
Daylight operations are still the default, but night operations are now permitted without a waiver if the following condition is met:
Required: Anti-collision lighting
The small unmanned aircraft must be equipped with anti-collision lighting visible for at least 3 statute miles that has a flash rate sufficient to avoid collision. The anti-collision light must be visible from the ground.
Legal reference: 14 CFR 107.29(b)
What "Night" Means Under Part 107
Part 107 defines the operational time periods as follows:
Period	Definition	Operations Allowed
Daylight	30 minutes before official sunrise to 30 minutes after official sunset	Standard Part 107 operations
Civil twilight	The period between daylight and the point when the sun is 6 degrees below the horizon	Standard Part 107 operations (anti-collision light recommended)
Night	After end of evening civil twilight through beginning of morning civil twilight	Permitted with anti-collision lighting visible for 3 statute miles
---
Civil Twilight: Understanding the Definition {#civil-twilight}
Civil twilight is a precisely defined astronomical term that determines when "night" begins and ends for Part 107 purposes.
Evening civil twilight ends when the geometric center of the sun is 6 degrees below the horizon after sunset. At this point, it is no longer possible to read a newspaper by natural light alone. Morning civil twilight begins when the geometric center of the sun is 6 degrees below the horizon before sunrise.
How to Find Civil Twilight Times
The exact times vary by location and date. Resources for finding civil twilight times:
• U.S. Naval Observatory: https://aa.usno.navy.mil/data/RS_OneDay — the authoritative source
• B4UFLY app: Displays sunrise, sunset, and twilight times for your location
• Weather and aviation apps: Most aviation weather apps include twilight times
Practical example: If official sunset is 7:30 PM, evening civil twilight might end around 7:58 PM (varies by latitude and date). Between sunset and the end of civil twilight, you are in the "twilight" period. After 7:58 PM, you are in "night" and anti-collision lighting is mandatory.
Anti-Collision Light Requirements {#lighting-requirements}
The anti-collision light requirement is the single compliance element for night drone operations under the current rules.
Specifications
Requirement	Standard
Visibility	Must be visible for at least 3 statute miles
Direction	Must be visible from the ground (not just from the air)
Flash rate	Must have a sufficient flash rate to avoid collision
Color	Not specified by regulation (white or colored strobe lights are acceptable)
Attachment	Must be affixed to the drone or integrated into it
What Counts as Compliant Lighting
Acceptable: Dedicated anti-collision strobe lights designed for drones (e.g., Lume Cube Strobe, FoxFury, Firehouse Technology ARC, Cree strobe modules). These are purpose-built to meet the 3-statute-mile visibility requirement. Not sufficient: The standard LED navigation lights (red/green/white) that come built into most consumer drones are generally not visible for 3 statute miles and do not satisfy the anti-collision lighting requirement on their own.
Pilot's responsibility: The FAA does not certify or pre-approve specific anti-collision lights for Part 107 drones. It is the remote pilot's responsibility to ensure that the lighting meets the 3-statute-mile visibility standard. If challenged by the FAA, you must be able to demonstrate compliance.
Choosing the Right Light
When selecting an anti-collision light:
• Check the manufacturer's stated visibility range — it should specify at least 3 statute miles
• Consider weight — the light adds to your aircraft's total takeoff weight (must remain under 55 lb)
• Consider battery life — ensure the light lasts for the duration of your planned operation
• Consider mounting — the light should not interfere with sensors, cameras, or flight dynamics
• Consider color — white strobe lights offer the best all-direction visibility

Training Requirements for Night Operations {#training}

The April 2021 rule update also modified the Part 107 knowledge requirements. Night operations are now included in the standard training curriculum.

For New Pilots

The initial Part 107 knowledge test (UAG exam) now includes questions on night operations, including:

• Physiological effects of night flying (night vision adaptation, spatial disorientation)
• Anti-collision lighting requirements
• Pre-flight considerations specific to night operations
• Crew coordination for night flights

For Existing Certificate Holders

Remote pilots who obtained their certificate before April 2021 must complete updated recurrent training that includes night operations content. Under 14 CFR 107.65, recurrent training or testing is required every 24 calendar months to maintain aeronautical knowledge currency.

Recurrent training option: The FAA offers free online recurrent training through the FAA Safety Team (FAASTeam) at https://www.faasafety.gov/. This updated training includes the night operations module.
Night Operations Best Practices {#best-practices}
While the regulatory requirement is simply the anti-collision light, professional operators follow additional best practices for safe night operations.
Pre-Flight
• Scout the area in daylight before flying at night. Identify obstacles, terrain features, and hazards that will be difficult to see in the dark.
• Check for obstructions — power lines, trees, buildings, antennas. Map them during your daylight reconnaissance.
• Test your anti-collision light before launch. Verify visibility and battery charge.
• Verify VLOS capability — at night, you maintain visual line of sight primarily through the anti-collision light. Confirm you can see it at your planned operating distance.
• Brief your visual observer if using one. Night operations benefit significantly from a VO.
During Flight
• Allow 30 minutes for dark adaptation — your night vision takes approximately 30 minutes to fully develop. Avoid looking at bright screens during this period.
• Use a dimmed screen or red-filtered display for your controller/tablet
• Reduce your operating radius — maintaining VLOS is more difficult at night; fly closer than you would during the day
• Fly slower — reduced visual reference means reduced reaction time
• Monitor battery more carefully — cold nighttime temperatures reduce battery performance
Situational Awareness
• Listen for manned aircraft — at night, you may hear an approaching aircraft before you see it
• Yield right of way to all manned aircraft (14 CFR 107.37 — this applies day and night)
• Monitor ADS-B traffic if your system supports it — additional awareness of manned traffic is valuable at night

FAQ {#faq}

Do I need a waiver to fly at night?

No. Since April 6, 2021, night operations are permitted under standard Part 107 without a waiver. You must have anti-collision lighting visible for 3 statute miles.

Can I use my drone's built-in lights to satisfy the requirement?

In most cases, no. Standard consumer drone navigation LEDs are not bright enough to be visible for 3 statute miles. You will likely need an aftermarket anti-collision strobe light. Check the manufacturer's visibility specification.

What happens if my anti-collision light fails during flight?

You should land as soon as it is safe to do so. Flying at night without compliant anti-collision lighting is a violation of 14 CFR 107.29. Carry a spare light or have a plan for this contingency.

Is there a minimum temperature for night flights?

Part 107 does not specify a minimum temperature. However, cold temperatures significantly affect battery performance. Monitor your battery voltage closely and land with adequate reserve.

Do I need special insurance for night operations?

Part 107 does not require insurance at all. However, if you carry commercial drone insurance, check whether your policy covers night operations. Some policies have exclusions or require notification for night flights.

Can recreational pilots fly at night?

Recreational pilots operating under 49 U.S.C. 44809 must follow community-based organization (CBO) guidelines. If the CBO permits night operations and the pilot has anti-collision lighting, they may fly at night. However, they must also comply with all 44809 requirements, including TRUST certification and airspace authorization.

What is the penalty for flying at night without the required lighting?

Violation of 14 CFR 107.29 can result in FAA certificate action (suspension or revocation) and civil penalties up to $27,500 per violation.

Summary {#summary}

Night drone operations under Part 107 have been fundamentally simplified since April 2021. No waiver is needed. The single regulatory requirement is anti-collision lighting visible for 3 statute miles. Combined with updated training that covers night-specific risks, the FAA has made night operations accessible to every Part 107 certificate holder.

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Disclaimer: This article is for informational purposes only and does not constitute legal advice. MmowW / Sawai Gyoseishoshi Office is not a law firm. Regulations change — always verify current rules at faa.gov/uas and ecfr.gov before flight.

References

1. 14 CFR Part 107 — Small Unmanned Aircraft Systems: https://www.ecfr.gov/current/title-14/chapter-I/subchapter-F/part-107
2. 14 CFR 107.29 — Daylight Operation: https://www.ecfr.gov/current/title-14/section-107.29
3. FAA Final Rule — Operation Over People and Night Operations (86 FR 4314): https://www.federalregister.gov/documents/2021/01/15/2020-28947/operation-of-small-unmanned-aircraft-systems-over-people
4. FAA UAS Portal: https://www.faa.gov/uas
5. FAA Safety Team (Recurrent Training): https://www.faasafety.gov/
6. U.S. Naval Observatory — Sun/Moon Rise/Set: https://aa.usno.navy.mil/data/RS_OneDay

Related Articles

• Part 107 Waivers: Which Rules You Can Waive and How to Apply
• Part 107 Explained: The Complete 2026 Guide
• Flying Over People: Category 1-4 Operations Guide
• Drone Flight Logs: Best Practices for Part 107 Operators
• Part 107 Recurrent Training: 24-Month Renewal Guide

📝 Update History

• 2026-05-13 — Initial publication

⚠️ Disclaimer

This article is for informational purposes only and does not constitute legal or regulatory advice. Drone regulations change frequently — always verify current requirements directly with FAA. MmowW provides compliance assistance tools and is not a substitute for professional advice where required.

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