A Part 107 waiver isn't a loophole โ it's the FAA's formal mechanism for authorizing operations that standard rules don't cover. Think of it as the Gyoseishoshi approach to advanced operations: prove equivalent safety through documentation, process, and precision. This guide walks you through the entire waiver system. โ MmowW Team ๐ฆ
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A Part 107 Waiver is the FAA's formal mechanism for authorizing drone operations that deviate from standard Part 107 operational rules. The authority to issue waivers comes from 14 CFR ยง 107.200:
> "A remote pilot in command may request a certificate of waiver authorizing operations in deviation from any provision of ยงยง 107.25 through 107.51 of this subpart."
A waiver is NOT permission to be unsafe โ it's permission to use an alternative means of achieving equivalent or greater safety than the standard rules provide.
Every waiver application must demonstrate that your proposed operation is at least as safe as if conducted under standard Part 107 rules. The FAA will not approve a waiver that increases risk โ they will only approve one where you can prove the risks are mitigated through operational controls, technology, training, or procedures.
Source: 14 CFR ยง 107.200
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The following Part 107 rules can be waived through a formal application:
| Section | Rule | Most Common Use Case |
|---|---|---|
| ยง 107.25 | Operation from moving vehicle | Filming from boats, cars, trains |
| ยง 107.29 | Daylight operation | Night operations (largely superseded by 2021 rule change) |
| ยง 107.31 | Visual line of sight (VLOS) | BVLOS โ the most-requested waiver |
| ยง 107.33 | Visual observer | Single-operator BVLOS |
| ยง 107.35 | Multiple aircraft operation | One pilot, multiple UAS |
| ยง 107.37 | Yielding right of way | Specific controlled environments |
| ยง 107.39 | Operation over people | Now largely superseded by Category 1โ4 framework |
| ยง 107.41 | Operation in controlled airspace | For operations where LAANC is insufficient |
| ยง 107.51 | Operating limitations (altitude, speed, visibility) | Higher altitude, higher speed, lower visibility |
Source: 14 CFR ยง 107.205
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The following rules cannot be waived under any circumstances:
| Section | Rule | Reason |
|---|---|---|
| ยง 107.23 | Hazardous operations | Absolute safety floor โ no equivalent mitigation exists |
| ยง 107.57 | Accident reporting obligation | Public interest requirement โ cannot be waived |
You cannot waive your obligation to not be hazardous or to not report accidents. These are fundamental to the FAA's safety framework. Any operation that cannot be conducted safely even with mitigations simply cannot be approved. Source: 14 CFR ยงยง 107.23, 107.57
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Step 1: Go to FAA DroneZone (faadronezone-access.faa.gov) โ Step 2: Log in with your account โ Step 3: Select "Waiver Applications" โ Step 4: Choose the specific rule(s) you're requesting to waive โ Step 5: Complete the application form (operational parameters, safety case) โ Step 6: Upload supporting documentation (safety risk assessment, procedures, equipment specs) โ Step 7: Submit application โ Step 8: Await FAA review (approximately 90 days) โ Step 9: Receive decision (approval with conditions, denial, or request for additional information) โ Step 10: If approved: review all conditions and comply exactly
Application portal: FAA DroneZone
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The FAA receives thousands of waiver applications. These elements differentiate approved applications from denied ones:
Don't say "we'll fly somewhere in the US." Define:
The safety risk assessment must:
For BVLOS waivers especially:
Pro tip: The FAA has published detailed guidance on what makes a strong waiver application for specific rule deviations. Review the FAA's UAS waiver guidance at faa.gov/uas/advanced_operations/ before writing your application. Source: FAA UAS Advanced Operations
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Plan ahead. If your commercial project requires a waiver, submit your application months before the project start date. A 90-day minimum processing time means your application must be in well before your project begins. Source: FAA Waiver Application guidance
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Every approved waiver comes with specific conditions that must be followed exactly. Common waiver conditions:
Violating waiver conditions is as serious as violating the underlying rule. If your waiver authorizes BVLOS operations within a 2-mile corridor and you fly outside that corridor, you are in violation โ both of the original VLOS rule (not waived outside the corridor) and the waiver itself. Source: 14 CFR ยง 107.200
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The March 16, 2021 rule change eliminated the need for a ยง 107.29 night operations waiver:
Night flights are now permitted under standard Part 107 with:
If you were operating under an old ยง 107.29 night waiver, it has been superseded by the 2021 rule change. Check and confirm your compliance with current night operations rules.
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Beyond Visual Line of Sight (BVLOS) operations โ requiring a ยง 107.31 waiver โ are the most transformative and most complex waiver type.
The FAA's proposed Part 108 (NPRM expected 2026) would create a framework for routine BVLOS operations without individual waivers โ structured categories based on aircraft type, operational risk, and environment.
For the latest on Part 108: faa.gov/uas/advanced_operations/beyond_visual_line_of_sight
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MmowW Drone SaaS โ designed with Gyoseishoshi compliance precision โ supports your waiver operations:
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Yes. A single waiver application can request deviation from multiple Part 107 rules simultaneously. For example, a BVLOS operation might require waivers of both ยง 107.31 (VLOS) and ยง 107.33 (visual observer). Combine related waivers in one application to simplify the process. Source: 14 CFR ยง 107.200
Approved waivers (and some denials) are published in the FAA DroneZone waiver database, which is publicly searchable. Reviewing approved waivers for similar operations can help you understand what level of safety documentation was required for approval. Source: FAA DroneZone Waivers
Insufficient safety risk assessment. Applications that identify hazards but fail to demonstrate adequate mitigations โ or that are vague about operational parameters โ are commonly denied or returned for additional information. Specificity and documented safety reasoning are essential. Source: FAA Waiver Application guidance
Waiver duration is determined by the FAA on a case-by-case basis. Many waivers are issued for 1โ2 years. Operators must apply for renewal before expiry with updated safety documentation and operational history. Source: FAA DroneZone Waivers
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Part 107 waivers:
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This information is provided for guidance only and does not constitute legal advice. For official FAA regulations, please consult faa.gov/uas. MmowW acts as a compliance assistance platform โ operators remain fully responsible for their compliance with applicable regulations.
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This article is for informational purposes only and does not constitute legal, financial, or regulatory advice. Regulations change frequently โ always verify with the relevant aviation authority (CAA) for the most current requirements. MmowW automates compliance tracking but does not replace professional consultation where required by law.
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