Part 107 Waivers: Which Rules You Can Waive and How to Ap...

Table of Contents

1. What Is a Part 107 Waiver?
2. Waivable Sections: The Complete Table
3. Non-Waivable Sections
4. Deep Dive: Key Waiver Types
5. How to Apply via DroneZone
6. Building a Strong Safety Case
7. Processing Time and What to Expect
8. Searchable Database of Issued Waivers
9. FAQ
10. Summary

What Is a Part 107 Waiver? {#what-is-a-waiver}

A Part 107 waiver is an official FAA authorization that allows a drone operator to deviate from specific Part 107 operating rules. The waiver authority is established under 14 CFR 107.200, which states that the FAA Administrator may issue a certificate of waiver authorizing a deviation from any rule under Subpart B (Operating Rules) or Subpart D (Waivers) if the applicant demonstrates that the proposed operation can be conducted safely.

Legal basis: 14 CFR 107.200
Key principle: A waiver does not remove the safety requirement — it replaces a specific regulatory method with an alternative method that achieves equivalent safety. The burden is on the applicant to prove this equivalence.

A waiver is:
• Operation-specific — it applies to a defined type of operation, not a blanket exemption
• Time-limited — waivers have expiration dates and must be renewed
• Condition-bound — the waiver comes with specific conditions that must be followed
• Location-specific or general — some waivers are for specific locations, others are broadly applicable

Waivable Sections: The Complete Table {#waivable-sections}

The following Part 107 sections can be waived under 14 CFR 107.200:

Section	Rule	What the Waiver Allows	Difficulty
107.25	Operation from a moving vehicle or aircraft	Operate from a moving vehicle in populated areas, or from another aircraft	Moderate
107.29	Daylight operation	Night operations (largely moot since 2021 rule update)	Low (rarely needed now)
107.31	Visual line of sight (BVLOS)	Fly beyond the pilot's or visual observer's direct visual contact	High — most requested, most difficult
107.33	Visual observer	Operate without a designated visual observer	Moderate
107.35	Operation of multiple small UAS	One pilot controls multiple drones simultaneously	Moderate-High
107.37(a)	Yielding the right of way	Deviate from standard right-of-way rules	Moderate
107.39	Operation over people	Fly over non-participating persons (beyond OOP Category 1-4 rules)	Moderate-High
107.41	Operation in certain airspace	Operate in controlled airspace outside standard LAANC procedures	Moderate
107.51	Operating limitations (altitude, speed, visibility, cloud clearance)	Exceed 400 ft AGL, 100 mph, or operate with reduced visibility/cloud clearance	Moderate-High

Non-Waivable Sections {#non-waivable}

Two Part 107 provisions are explicitly not waivable:

Cannot be waived — ever:

Section	Rule	Why It Cannot Be Waived
107.23	Hazardous operation	Prohibits careless or reckless operation. This is the fundamental safety floor — no operation is permitted that endangers life or property.
107.9 / 107.57	Accident and safety event reporting	Requires reporting of incidents involving serious injury, loss of consciousness, or property damage exceeding $500. Reporting is essential for FAA safety oversight.

Deep Dive: Key Waiver Types {#key-waivers}

BVLOS Waivers (107.31) — The Most Sought-After

Beyond Visual Line of Sight (BVLOS) operations are the highest-demand waiver category. Under standard Part 107, the remote pilot or a designated visual observer must maintain direct, unaided visual contact with the drone at all times (14 CFR 107.31).

Current status: BVLOS waivers under 107.31 are rare and difficult to obtain. The FAA has historically granted them primarily for:

• Infrastructure inspection (power lines, pipelines, railways)
• Agricultural operations
• Research and development

What the FAA looks for:

• Detect and Avoid (DAA) technology or equivalent safety mitigation
• Ground-based radar, visual observers along the route, or equivalent surveillance
• Detailed operational risk assessment
• Defined, low-risk operational environment (rural, low-traffic areas strongly preferred)

Part 108 NPRM (August 2025): The FAA published a Notice of Proposed Rulemaking for routine BVLOS operations under a new Part 108 framework. When finalized (expected 2026-2027), Part 108 will create a standardized pathway for BVLOS without individual waivers. Until then, 107.31 waivers remain the only legal path.

Operations Over People (107.39)

Since the January 2021 Operations Over People (OOP) final rule, the waiver landscape for 107.39 has changed significantly. The OOP rule created four categories:

Category	Weight Limit	Requirements	Waiver Needed?
Category 1	0.55 lb (250g) or less	No injuries to human upon impact	No
Category 2	Any weight	FAA-accepted Declaration of Compliance (DOC) from manufacturer	No
Category 3	Any weight	DOC + restricted-access area or advance notice to participants	No
Category 4	Any weight	FAA airworthiness certificate	No

When a waiver is still needed: If your aircraft does not meet any OOP category requirements and you need to fly over non-participating persons, you must apply for a 107.39 waiver.

Multiple Aircraft Operations (107.35)

Controlling multiple drones simultaneously is increasingly relevant for swarm operations, light shows, and agricultural applications. The FAA evaluates these waivers based on:

• Automated flight control system reliability
• Fail-safe procedures for individual aircraft
• Operator workload analysis
• Contingency procedures for communication loss

Operating Limitations (107.51)

Waivers under 107.51 can address:

• Altitude: Operations above 400 ft AGL (e.g., near tall structures where the 400 ft structure exception is insufficient)
• Speed: Operations exceeding 100 mph (87 knots)
• Visibility: Operations with less than 3 statute miles visibility
• Cloud clearance: Operations with less than 500 ft below / 2,000 ft horizontal from clouds

How to Apply via DroneZone {#how-to-apply}

All Part 107 waiver applications are submitted through the FAA DroneZone portal.

Application process: Step 1: Create or log into your FAA DroneZone account at https://faadronezone.faa.gov/. Step 2: Navigate to the "Part 107 Waiver" application section. Step 3: Select the specific Part 107 section(s) you are requesting a waiver for. Step 4: Complete the application form, including:

• Description of the proposed operation
• Geographic area (specific location or area of operations)
• Duration requested
• Aircraft type and specifications
• Safety mitigations and procedures (this is your safety case)
• Pilot qualifications and experience

Step 5: Attach supporting documentation — operational procedures, safety assessments, equipment specifications, and any relevant data. Step 6: Submit. You will receive a confirmation number for tracking.

Building a Strong Safety Case {#safety-case}

The safety case is the core of your waiver application. The FAA will evaluate whether your proposed operation achieves an equivalent level of safety to the standard Part 107 rule you are seeking to waive.

Elements of a Strong Safety Case

1. Risk identification: Identify all hazards associated with the waived operation
2. Mitigation measures: For each hazard, describe specific mitigations (technology, procedures, training)
3. Residual risk assessment: After mitigations, what is the remaining risk level?
4. Operational procedures: Step-by-step procedures for the waived operation, including contingency and emergency procedures
5. Equipment specifications: Detailed specs for any safety-critical equipment (DAA systems, anti-collision lights, fail-safe mechanisms)
6. Pilot qualifications: Training, experience, and currency requirements beyond standard Part 107
7. Track record: If you have operational history (flight logs, safety records), include it

Common Reasons for Denial

• Insufficient safety mitigation for identified risks
• Vague or generic safety procedures (the FAA wants specifics, not generalities)
• Lack of equipment specifications or testing data
• Operations proposed over densely populated areas without adequate justification
• Missing contingency procedures for equipment failure

Processing Time and What to Expect {#processing-time}

Standard processing time: Approximately 90 days from submission to decision.

However, processing time varies significantly based on:

• Waiver type: BVLOS waivers take longer due to their complexity
• Application quality: Complete, well-documented applications move faster
• FAA workload: Processing times can extend during high-volume periods
• Follow-up requests: If the FAA requests additional information, the clock resets

Tip: Submit your application well in advance of your planned operation — at least 120 days if possible. If the FAA requests clarifications, you will have time to respond without missing your operational window.

After Submission

1. You receive a confirmation email with a tracking number
2. The FAA reviews your application
3. The FAA may request additional information or clarification
4. If approved, you receive the waiver certificate with specific conditions
5. If denied, you receive a denial letter with the reason — you may resubmit with improvements

Searchable Database of Issued Waivers {#issued-waivers}

The FAA maintains a publicly searchable database of all Part 107 waivers that have been issued. This is an invaluable resource for:

• Understanding what types of operations the FAA has approved
• Reviewing the conditions attached to similar waivers
• Benchmarking your application against successful ones

Waivers page: https://www.faa.gov/uas/commercial_operators/part_107_waivers Issued waivers database: https://www.faa.gov/uas/commercial_operators/part_107_waivers/waivers_issued
Research tip: Before applying, search the issued waivers database for operations similar to yours. Study the conditions that were attached. This will help you anticipate what the FAA expects and structure your safety case accordingly.
FAQ {#faq}
Do I still need a waiver for night operations?
No. Since the April 6, 2021 rule update, night operations are permitted under standard Part 107 without a waiver. You must have anti-collision lighting visible for 3 statute miles (14 CFR 107.29). No waiver application is necessary.
How long does a waiver last?
Waiver duration varies. Most waivers are issued for 2 to 4 years, after which you must apply for renewal. The specific duration is stated on your waiver certificate.
Can I waive the 400 ft altitude limit?
Yes, through a 107.51 waiver. However, the FAA requires a compelling safety case, especially for operations above 400 ft AGL where you may encounter manned aircraft. Operations within 400 ft of a structure already have a regulatory exception under 107.51(b) — no waiver needed for that scenario.
What is the difference between a waiver and an exemption?
A waiver (14 CFR 107.200) allows deviation from specific Part 107 operating rules. An exemption (49 U.S.C. 44807) is a broader relief mechanism that can authorize operations outside the entire Part 107 framework. Exemptions are less common and typically involve novel operations that Part 107 does not contemplate.
Can I apply for multiple waivers at once?
Yes. A single waiver application can request relief from multiple Part 107 sections. For example, a BVLOS infrastructure inspection operation might request waivers for 107.31 (BVLOS) and 107.51 (altitude) simultaneously.
Is there a fee for waiver applications?
No. There is no fee to apply for a Part 107 waiver through FAA DroneZone.
What happens if I violate my waiver conditions?
Violating waiver conditions is treated as operating without authorization. The FAA can impose civil penalties up to $27,500 per violation, suspend or revoke your Remote Pilot Certificate, and revoke the waiver itself.
Summary {#summary}
Part 107 waivers provide a legal pathway to conduct operations that standard rules do not permit — BVLOS, multi-aircraft, over people beyond OOP categories, and operations exceeding standard altitude and speed limits. The key is a strong safety case that demonstrates equivalent safety through alternative methods.
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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 107.200 — Waiver Policy: https://www.ecfr.gov/current/title-14/section-107.200
3. FAA Part 107 Waivers Page: https://www.faa.gov/uas/commercial_operators/part_107_waivers
4. FAA Issued Waivers Database: https://www.faa.gov/uas/commercial_operators/part_107_waivers/waivers_issued
5. FAA DroneZone: https://faadronezone.faa.gov/
6. FAA UAS Portal: https://www.faa.gov/uas

Related Articles

• Night Operations: What You Need to Fly After Sunset
• Temporary Flight Restrictions (TFRs) for Drone Pilots
• Class B, C, D, E2 Airspace for Drone Pilots
• Part 107 Explained: The Complete 2026 Guide
• Flying Over People: Category 1-4 Operations 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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