Part 107 Waivers Explained: How to Fly Beyond Standard Rules

A Part 107 waiver is official FAA permission to deviate from specific drone regulations. Waiver applications are now submitted through the FAA’s Aviation Safety Hub (airspace authorizations, a separate thing, still run through FAADroneZone and LAANC), where pilots file detailed safety cases proving they can mitigate risks when breaking rules like altitude limits or VLOS requirements. The FAA aims to review applications within 90 days, and approved waivers must be kept available for inspection during flight operations.

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’s Aviation Safety Hub. 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’s stated goal is to review applications within 90 days of submission, 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 required to keep a copy of that waiver available for inspection during flight operations. If an FAA inspector shows up at your job site, you need to be able to produce that document 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). Note that routine paid package delivery doesn’t run on a Part 107 BVLOS waiver — commercial drone delivery in the U.S. operates under 14 CFR Part 135 air carrier certificates, with their own approvals and operating specifications.

107.33 (Visual observer): This waiver doesn’t give you permission to fly without a visual observer — visual observers are already optional, and your own unaided line of sight satisfies §107.31 by itself. A §107.33 waiver relieves you from the visual observer requirements (things like maintaining effective communication between the pilot and observer) when your operation does use observers in a nonstandard way.

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): You only need a waiver here when your drone or operation doesn’t fit one of the four Operations Over People categories. Meet Category 1, 2, 3, or 4 and you can fly over people with no waiver at all — see our operations over people guide for how the categories work.

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’re current on the free online recurrent training (which covers night operations) and have anti-collision lighting visible for 3 statute miles, basic night operations are built right into your standard Part 107 privileges. A 107.29 waiver only comes into play if you want to fly at night or in civil twilight without the required lighting.

How to Apply

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

Head to the FAA’s Aviation Safety Hub, create an account or log in, and start a new Part 107 waiver application. Don’t confuse it with airspace authorization — that’s a completely different approval, and it still lives in FAADroneZone and LAANC. Since the waiver process moved to the Aviation Safety Hub, you can no longer file a Part 107 waiver in DroneZone (previously submitted applications continue to be processed there).

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 detailed Waiver Safety Explanation Guidelines 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’s goal is to process waiver requests within 90 days, though complex requests can take longer. 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; successful applications lean on detect-and-avoid technology like cameras, radar, and highly detailed operational controls
• 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

Frequently Asked Questions

What is a Certificate of Waiver? A formal FAA document granting legal permission to deviate from specific Part 107 rules. You must demonstrate alternative safety procedures that completely mitigate the risk of breaking that regulation.

Do I still need a waiver for night flying? No. Night flying no longer requires a waiver since the 2021 update. Complete updated recurrent training and have anti-collision lighting visible for 3 statute miles.

How long does approval take? The FAA’s stated goal is to review applications within 90 days, and they often request additional information along the way. Submit at least 90 days before your planned operation.

What’s the difference between an operational waiver and airspace authorization? Two different approvals in two different systems. An operational waiver — filed in the Aviation Safety Hub — lets you deviate from Part 107 rules, while airspace authorization for controlled airspace comes through LAANC or FAADroneZone.

Can I get a waiver for package delivery? Routine commercial package delivery doesn’t run on a Part 107 BVLOS waiver. Drone delivery companies operate under 14 CFR Part 135 air carrier certificates, which come with their own certification, exemptions, waivers, and operating specifications.

What makes a waiver application successful? Comprehensive safety mitigations that address the specific risk the rule was designed to prevent. The FAA publishes a Waiver Trend Analysis and Waiver Safety Explanation Guidelines outlining what reviewers expect. Our free Part 107 Course covers all the regulations you need to know before pursuing advanced waivers.