Part 107 Waivers Explained: How to Fly Beyond Standard Rules

Let’s talk about that invisible ceiling holding back your drone business. You passed the test, got your remote pilot certificate, and you’re ready to take on the world. But then you hit a wall. A client wants a dramatic shot flying alongside a moving car, or maybe they need you to inspect a tall cell tower that sits well above 400 feet. You have to turn down the job because the standard Part 107 rules explicitly say you can’t do it.

That is exactly where waivers step in. If you want to stop leaving money on the table and start competing for the high-end commercial gigs, understanding the waiver process is essential. It is the key that unlocks the strict boundaries of standard drone regulations.

What Is a Part 107 Waiver?

A Part 107 waiver, officially known as a Certificate of Waiver (CoW), is a formal document from the FAA that gives you legal permission to deviate from specific rules under Part 107. Think of it as asking the government for a special exception to do things your standard license flat-out prohibits. If you can prove you can do it safely, they just might let you.

To get one, you submit a detailed application through the FAA DroneZone portal. You can’t just check a box and ask to break a rule. The FAA wants to see a comprehensive safety case. You need to propose alternative procedures that completely mitigate the risk associated with breaking that specific rule. If you’re asking to fly higher than 400 feet, you better have a rock-solid plan for how you’ll detect and avoid manned aircraft.

You also need to plan your schedule carefully because this is not an instant process. The FAA has up to 90 days to review your application, and they often come back with follow-up questions before making a final decision. Once you get that approval, your job still isn’t over. You’re legally required to physically carry a copy of that waiver with you during all flight operations. If an FAA inspector shows up at your job site, you need to hand that document over on the spot.

What Rules Can You Waive?

Not every rule in the book is up for negotiation. The FAA has a specific list of sections they’re willing to waive if you can make a solid safety case.

107.25 (Operations from a moving vehicle): Want to fly your drone while riding in the back of a moving truck or a boat? You can ask for a waiver for this.

107.31 (Visual line of sight): This is the big one for operators wanting to fly Beyond Visual Line of Sight (BVLOS). Keep in mind that the FAA has explicitly stated they will not grant a waiver under this section for paid package delivery.

107.33 (Visual observer): If you want to fly solo without a visual observer helping you keep eyes on the drone, you can waive this requirement.

107.35 (Multiple UAS): This covers flying more than one drone at the exact same time with a single pilot — think drone light shows.

107.37(a) (Right of way): You can technically ask to waive the rule that always gives manned aircraft the right of way, though getting this approved is notoriously difficult.

107.39 (Operations over people): If you need to fly directly over people who aren’t participating in your operation, you’ll need a waiver for this.

107.41 (Certain airspace): This allows you to fly in controlled airspace without going through the standard LAANC authorization process.

107.51 (Operating limitations): This is where you ask to push past the standard limits — flying higher than 400 feet AGL or faster than 100 mph.

One important update: night flying (107.29) no longer requires a waiver for basic operations. Back in 2021, the FAA updated the regulations. Now, as long as you complete the updated recurrent training and have anti-collision lighting visible for 3 statute miles, basic night operations are built right into your standard Part 107 privileges.

How to Apply

The application process itself is straightforward, even if the paperwork takes some brainpower.

Head to the FAA DroneZone portal, log in, and create a new Part 107 waiver application. Here is where a lot of people make a mistake that causes headaches: make sure you select operational waiver and not airspace authorization. They’re two completely different things.

Once you’re in the right form, paint a crystal-clear picture of your proposed flight. The FAA needs to know exactly what you’re planning. Detail the time of day, the exact location (pull precise GPS coordinates from Google Earth or your mapping app), your maximum altitude, and most importantly, your safety mitigations.

The FAA doesn’t leave you totally in the dark. They publish a Waiver Trend Analysis and a Sufficient Information Guide on their website that are incredibly helpful. These documents essentially tell you what successful applications include.

Rule of thumb: the more complex your operation, the more documentation you’ll need to provide.

What the FAA Actually Wants to See

What separates a winning application from a swift rejection? It comes down to one core concept: a safe alternative.

You aren’t just asking the FAA to let you ignore a rule because it’s inconvenient. You’re proving that you can do the operation safely by mitigating the specific risk that rule was written to prevent.

Let’s say you want a waiver to fly over people. You can’t just write “I’ll be careful.” You have to show exactly how you’ll keep the public safe if your drone falls out of the sky. A common mitigation is equipping your drone with a commercially manufactured parachute system. But it doesn’t stop at buying the gear — you have to detail your standard operating procedures, list the specific equipment and its maintenance history, outline personnel qualifications, and write out comprehensive emergency plans.

A simple operation in a wide-open rural field requires much less documentation than a complicated flight in the middle of a bustling city.

Timeline: Plan Way Ahead

If there’s one thing you take away from this article, let it be this: do not wait until the last minute.

The FAA legally has up to 90 days to process your waiver request. You should aim to submit your application at least 90 days before your scheduled flight, if not earlier. The reviewing process is interactive — it’s incredibly rare for a waiver to be approved on the first try without a single question. FAA reviewers will almost certainly request additional information or ask you to clarify certain aspects of your safety case.

If you submit a sloppy application two weeks before a job, you are guaranteed to miss your deadline. Start early, be thorough, and be patient with the reviewers.

Common Waivers in Practice

Plenty of drone pilots successfully use waivers every day. Some of the most common include:

• Operations over moving vehicles — huge for real estate agents wanting dynamic car commercials and surveyors tracking traffic patterns
• BVLOS — notoriously tricky, but pilots pull it off using advanced camera systems, radar, and networks of trained visual observers
• Operations over people — increasingly common with parachute systems or physically tethered drones
• Multiple drones — if you’ve ever watched a drone light show, you’ve seen a multiple-drone waiver in action

Our free Part 107 Course covers all the regulations you need to know before pursuing advanced waivers.