Part 107 Waiver Guide 2026: Everything You Need to Know
By Renzo, CPL · Updated March 2026
Without the right waiver, you're breaking federal law. Fines up to $32,666 per violation.
The FAA Part 107 waiver system lets commercial drone pilots operate beyond the standard restrictions — but the process is slow, documentation-heavy, and most applications get rejected. This guide covers every waiver type, real approval rates, exactly what the FAA wants to see, and how to maximize your chances of approval.
What is a Part 107 Waiver?
A Part 107 waiver is an official FAA authorization that allows certificated remote pilots to conduct drone operations that would otherwise violate the standard Part 107 rules. Think of it as the FAA saying: "We understand you need to break this specific rule for a legitimate commercial purpose, and you've demonstrated you can do it safely."
Standard Part 107 rules impose restrictions on when, where, and how you can fly. You cannot fly at night without proper lighting, you cannot fly over people who are not directly involved in the operation, you cannot fly beyond your visual line of sight, and you cannot fly above 400 feet AGL (among other restrictions). Each of these restrictions exists for safety, but many legitimate commercial operations require going beyond them.
The waiver process requires you to demonstrate to the FAA that you can conduct the proposed operation at an equivalent level of safety to the standard rules. This means detailed safety analysis, risk mitigation strategies, equipment specifications, and operational procedures. The FAA reviews each application individually, and approval is never guaranteed.
Before you can apply for any waiver, you need your Part 107 Remote Pilot Certificate. If you have not passed your Part 107 exam yet, take a free practice test to see where you stand.
2024 Rule Updates: What Changed
The FAA's final rule on Operations Over People and night operations, which took full effect in 2024, significantly changed the waiver landscape. Several operations that previously required a waiver are now permitted under standard Part 107 rules — with conditions.
No Longer Requires a Waiver
- Night operations — Allowed without a waiver as long as the drone has an anti-collision light visible for 3 statute miles and the pilot has completed updated training.
- Operations over people (Category 1-3) — Small drones meeting specific weight and injury-threshold criteria can fly over people without a waiver under Categories 1, 2, or 3.
- Operations over moving vehicles (Category 1-3) — Under the same categories, sustained flight over moving vehicles in restricted areas is now permitted without a waiver.
Still Requires a Waiver
- Operations over people (Category 4) — Heavier drones that do not meet Category 1-3 criteria still require a waiver for operations over people.
- Beyond Visual Line of Sight (BVLOS) — Still requires a waiver. The FAA has issued very few BVLOS waivers and maintains strict requirements.
- Altitude above 400ft — Operations above 400 feet AGL still require a waiver in most circumstances.
- Multiple aircraft operations — Operating more than one drone at a time still requires a waiver.
Types of Part 107 Waivers
The table below summarizes every waiver type available under Part 107, along with the relevant regulation section, estimated approval rates, and average processing times based on publicly available FAA data.
| Waiver Type | Section | Approval Rate | Avg Processing Time |
|---|---|---|---|
| Night Operations | 107.29 | ~85% | 90 days |
| Operations Over People | 107.39 | ~40% | 120 days |
| Beyond Visual Line of Sight | 107.31 | ~15% | 180+ days |
| Operations from Moving Vehicle | 107.25 | ~70% | 90 days |
| Altitude Above 400ft | 107.51 | ~50% | 120 days |
| Multiple Aircraft | 107.35 | ~20% | 180 days |
| Yield Right of Way | 107.37 | ~30% | 120 days |
Night Operations Waiver (Section 107.29)
Important update: As of 2024, night operations no longer require a waiver for most pilots. If your drone has an anti-collision light visible for at least 3 statute miles and you have completed the updated Part 107 training (including the night operations knowledge component), you can fly at night under standard Part 107 rules.
When You Still Need This Waiver
You may still need a night operations waiver if your specific operation cannot meet the standard anti-collision lighting requirement — for example, if the light interferes with your payload (thermal imaging for certain inspections) or if you need to operate in a way that does not comply with the updated rule.
Business Use Cases
- Infrastructure inspections (power lines, pipelines) during cooler nighttime conditions
- Law enforcement and emergency response operations
- Real estate and event photography during golden hour and twilight
- Agriculture spraying during lower-wind nighttime hours
- Film and media production requiring nighttime shots
FAA Requirements
The FAA requires detailed lighting plans, visual observer procedures, crew coordination documentation, and a risk assessment specific to reduced-visibility conditions. You must demonstrate how you will maintain awareness of obstacles, terrain, and other aircraft without standard visual references.
Tips for Approval
- Document specific locations with detailed obstacle surveys
- Include visual observer (VO) procedures and training records
- Specify the exact anti-collision and position lighting you will use
- Provide weather minimums beyond standard requirements
Common Rejection Reasons
- Insufficient lighting documentation
- Vague or overly broad operational area descriptions
- No plan for crew communication in low-visibility conditions
Operations Over People Waiver (Section 107.39)
Operating a drone directly over people who are not participating in the operation is one of the highest-risk activities in commercial drone operations. The 2024 final rule created Categories 1 through 4 for operations over people, with lighter drones (under 0.55 lbs for Category 1) allowed without a waiver. Heavier drones in Category 4 still require a Section 107.39 waiver.
What It Allows
A 107.39 waiver allows you to fly your drone directly over people who are not under a covered structure and who are not directly participating in the operation. This includes crowds, pedestrians, and outdoor gatherings.
Business Use Cases
- News coverage of outdoor events, protests, and gatherings
- Sports event aerial coverage
- Concert and festival photography/videography
- Construction site monitoring with workers below
- Urban mapping and surveying in populated areas
FAA Requirements
This is one of the most demanding waiver applications. The FAA wants to see a comprehensive risk analysis including ground collision severity modeling, drone reliability data (mean time between failure), parachute or other impact-mitigation systems, and a detailed concept of operations (CONOPS). You must demonstrate that the risk to people on the ground is acceptably low.
Tips for Approval
- Use a drone with a parachute recovery system and document its reliability
- Include ground collision severity analysis with specific kinetic energy calculations
- Reference ASTM F3322 standard for operations over people
- Limit the operational area as much as possible
- Include crowd management procedures
Common Rejection Reasons
- No parachute or impact-mitigation system
- Missing or inadequate ground collision risk analysis
- Overly broad geographic scope
- Insufficient drone reliability data
Beyond Visual Line of Sight Waiver (Section 107.31)
BVLOS waivers are the most difficult to obtain, with an approval rate of roughly 15%. The FAA considers BVLOS operations to carry the highest collision risk because the pilot cannot visually detect and avoid other aircraft. This waiver is also the most commercially valuable — BVLOS capability is what separates small drone operations from truly scalable commercial ventures.
What It Allows
A BVLOS waiver permits you to operate your drone beyond the visual line of sight of the remote pilot in command or a visual observer. Under standard Part 107, you must be able to see your drone at all times without the aid of devices other than corrective lenses.
Business Use Cases
- Pipeline and power line inspection over long distances
- Agricultural surveying of large properties
- Package delivery operations
- Search and rescue over wide areas
- Border and perimeter security patrols
- Cell tower and wind turbine inspection networks
FAA Requirements
The FAA requires a robust detect-and-avoid (DAA) system that provides an equivalent level of safety to visual see-and-avoid. This typically means ground-based radar, ADS-B In receivers, acoustic detection, visual detection cameras, or a combination. You also need detailed command-and-control link analysis, lost-link procedures, and contingency plans.
Tips for Approval
- Invest in a credible DAA system and provide performance data
- Limit the operational volume to a well-defined, low-traffic area
- Include detailed lost-link and emergency procedures
- Work with an aviation safety consultant experienced in BVLOS applications
- Reference existing BVLOS approvals (FAA publishes granted waivers)
- Consider starting with a very limited area and expanding with amendments
Common Rejection Reasons
- No credible detect-and-avoid system
- Inadequate lost-link procedures
- Operational area too large or in high-traffic airspace
- Insufficient data on command-and-control link reliability
Operations from a Moving Vehicle Waiver (Section 107.25)
Standard Part 107 rules require that you operate your drone from a stationary position (unless in a sparsely populated area). A Section 107.25 waiver allows you to operate from a moving ground vehicle or boat in populated areas.
What It Allows
This waiver permits the remote pilot to operate a drone while in a moving vehicle, such as a truck, car, or boat. It is particularly useful for tracking shots, convoy operations, and maritime applications.
Business Use Cases
- Real estate tracking shots along roads and waterfronts
- Film production requiring moving-vehicle follow shots
- Maritime inspections from boats
- Agricultural operations from moving ground vehicles
- Road and bridge inspections from slow-moving vehicles
Tips for Approval
- Clearly define speed limits for the vehicle during operations
- Include a dedicated visual observer who is not the driver
- Document crew roles — the pilot should never be the vehicle operator
- Specify the vehicle types and routes you will use
Common Rejection Reasons
- Pilot and vehicle operator are the same person
- No visual observer plan
- Vague route or area descriptions
Altitude Above 400ft Waiver (Section 107.51)
Part 107 limits drone operations to 400 feet above ground level (AGL), or within 400 feet of a structure if flying near it. A Section 107.51 waiver allows operations above this altitude ceiling, which is increasingly needed for tall-structure inspections and specialized surveying.
What It Allows
This waiver permits flight above 400 feet AGL. Most approved altitude waivers specify a maximum altitude (commonly 600-1,000 feet AGL) and a defined geographic area.
Business Use Cases
- Cell tower inspections (towers often exceed 400 feet)
- Wind turbine inspections
- High-altitude mapping and surveying
- Skyscraper and tall building inspections
- Aerial photography requiring wider field of view
Tips for Approval
- Request the minimum altitude necessary for your operation
- Coordinate with local air traffic control and reference any LOAs
- Include ADS-B Out or transponder capability if possible
- Document manned aircraft traffic patterns in your operational area
- Specify how you will monitor for manned aircraft at altitude
Common Rejection Reasons
- Requested altitude is unnecessarily high
- Operational area is in busy airspace with no ATC coordination
- No plan for detecting manned aircraft at altitude
Multiple Aircraft Waiver (Section 107.35)
Under standard Part 107, one pilot can operate only one drone at a time. A Section 107.35 waiver allows a single remote pilot in command to operate multiple drones simultaneously. This is a difficult waiver to obtain, with an approval rate of roughly 20%.
What It Allows
This waiver permits a single certificated pilot to control two or more drones at the same time. Most approved waivers specify a maximum number of aircraft (typically 2-3) and require automated flight systems.
Business Use Cases
- Drone light shows and entertainment
- Large-scale agricultural spraying
- Simultaneous surveying of large areas
- Swarm-based search and rescue
- Security and perimeter monitoring with multiple sensors
Tips for Approval
- Use flight automation software with documented reliability
- Start with a request for just 2 aircraft and demonstrate proficiency
- Include detailed deconfliction procedures between aircraft
- Document emergency procedures for each aircraft independently
Common Rejection Reasons
- No automated flight management system
- Requesting too many aircraft without track record
- Insufficient deconfliction procedures
Yield Right of Way Waiver (Section 107.37)
Part 107 requires remote pilots to yield the right of way to all manned aircraft. A Section 107.37 waiver modifies this requirement, typically for operations in controlled or restricted airspace where alternative traffic management is in place.
What It Allows
This waiver modifies the see-and-avoid requirement, allowing operations where traditional yielding may not be practical — for example, in areas with established drone corridors or where ATC provides traffic separation services.
Business Use Cases
- Operations in designated drone corridors
- Fixed-site operations with ATC coordination (airports, military bases)
- Emergency response operations where yielding would compromise the mission
Tips for Approval
- Establish direct coordination with relevant ATC facility
- Include alternative traffic detection methods
- Document the specific airspace and traffic environment
- Show that yielding would create a greater safety risk than the proposed alternative
Common Rejection Reasons
- No ATC coordination agreement
- No alternative method for traffic awareness
- Insufficient justification for why standard yielding is impractical
How to Apply for a Part 107 Waiver
The waiver application process is straightforward in structure but demanding in detail. Here is the step-by-step process.
Determine Which Waiver(s) You Need
Review your planned operation against the standard Part 107 rules. Identify every rule you will need to exceed. Some operations require multiple waivers — for example, a pipeline inspection might need both BVLOS and altitude waivers. Check the 2024 rule updates first, as some operations that previously required waivers (like night flight) may now be allowed under standard rules.
Develop Safety Mitigations
This is where most applications succeed or fail. For each rule you are requesting to waive, you must propose specific safety mitigations that achieve an equivalent level of safety. This means detailed risk analysis, equipment specifications, operational procedures, crew training requirements, and contingency plans. The FAA does not want generic safety statements — they want specifics.
Complete the FAA DroneZone Application
Log in to the FAA DroneZone portal (faadronezone.faa.gov) with your Part 107 credentials. Select 'Part 107 Waiver' and complete the online application form. You will need your certificate number, the specific sections you are requesting a waiver for, the geographic area and time period of operations, and a description of the operation.
Prepare Supporting Documentation
Attach your Concept of Operations (CONOPS) document, risk assessment, equipment specifications, crew qualifications, maintenance procedures, and any other supporting materials. The more thorough your documentation, the better your chances. Include maps, diagrams, equipment datasheets, and training records.
Submit and Wait (90-180 Days)
After submission, the FAA assigns your application to a reviewer. Processing times range from 90 days for simple waivers to 180+ days for complex ones. You will receive a confirmation email with a tracking number. There is no way to expedite the process, but you can check the status through DroneZone.
Respond to FAA Follow-up Questions
The FAA will almost certainly have follow-up questions, especially for complex waivers. Respond promptly and thoroughly. Each round of questions can add 30-60 days to the timeline. Have your documentation organized so you can quickly reference specifics. If the FAA requests a phone call or meeting, treat it as a positive sign — they are seriously considering your application.
Tips for Getting Your Waiver Approved
Be Specific About Locations
The FAA strongly favors applications with clearly defined, limited operational areas. Include GPS coordinates, maps, and specific site descriptions. A waiver for "the state of Texas" will be rejected. A waiver for "a 2-mile corridor along Highway 59 between mileposts 12 and 24" has a real chance.
Include Detailed Risk Mitigations
For every risk you identify, provide a specific mitigation. Use quantitative data when possible. Instead of "we will avoid obstacles," write "all obstacles within the operational area have been surveyed and mapped; the drone will maintain a minimum 50-foot lateral separation from all structures."
Reference Industry Standards
Cite ASTM standards (F3178, F3196, F3269, F3322), JARUS guidelines, and any FAA Advisory Circulars relevant to your operation. This shows the FAA you are operating at a professional level and aware of the broader safety ecosystem.
Document Operator Qualifications
Include pilot flight hours, relevant training certificates, experience with the specific drone model, and any safety record data. Operators with commercial experience and clean records have significantly higher approval rates.
Provide Accident/Incident History
If you have a clean operational history, document it. Include total flight hours, number of operations, and confirm zero incidents. If you have had incidents, show what corrective actions you took. The FAA values transparency.
Start Small and Expand
Apply for the minimum waiver that meets your immediate operational needs. Once approved, you can apply for amendments to expand the scope. A track record of safe operations under an existing waiver dramatically increases approval rates for expanded waivers.
Before You Can Apply for Any Waiver, You Need Your Part 107 Certificate
Every waiver application requires a valid Part 107 Remote Pilot Certificate. If you have not passed your exam yet, our free practice test will show you exactly where you stand — and what you need to study.
Take a Free Part 107 Practice TestFrequently Asked Questions
What Part 107 waivers are available?
Available waivers include operations over people, beyond visual line of sight (BVLOS), operations from a moving vehicle, multiple drones by one pilot, and operations in certain controlled airspace. Each waiver type has specific safety requirements.
Do I still need a waiver to fly at night?
No. As of the 2024 final rule update, Part 107 pilots can fly at night without a waiver as long as the drone is equipped with an anti-collision light visible for at least 3 statute miles. You must also complete updated night-operations training. Previously, night flight required a Section 107.29 waiver, but this is no longer the case for standard operations.
How long does a Part 107 waiver take?
Processing times vary by waiver type. Simple waivers like night operations or moving vehicle operations typically take about 90 days. More complex waivers such as Operations Over People or altitude waivers average 120 days. BVLOS and multiple aircraft waivers can take 180 days or longer. The FAA may also request additional information during the review, which resets the clock.
How much does a Part 107 waiver cost?
There is no FAA fee to apply for a Part 107 waiver. The application is submitted for free through the FAA DroneZone portal. However, you may incur costs for developing safety documentation, purchasing required equipment (anti-collision lights, detect-and-avoid systems), or hiring a consultant to prepare your application. For complex waivers like BVLOS, professional consulting fees can range from $5,000 to $25,000.
Can I apply for multiple waivers at once?
Yes, you can submit multiple waiver applications simultaneously. Each waiver is reviewed independently. Some operators choose to bundle related waivers (for example, night operations and altitude) into a single application when they apply to the same operation. However, combining too many waivers can complicate the review. It is generally better to submit separate applications unless the operations are closely related.
What happens if I fly without a waiver?
Flying in violation of Part 107 regulations without the required waiver is a federal offense. The FAA can impose civil penalties of up to $32,666 per violation. Repeated or egregious violations can result in criminal penalties including fines up to $250,000 and imprisonment. Your Part 107 certificate can also be suspended or revoked. In practice, the FAA has been increasingly aggressive about enforcement, especially for operations over people and BVLOS flights.
Do waivers expire?
Yes. Most Part 107 waivers are issued with a specific expiration date, typically ranging from 2 to 4 years. The waiver document will state the effective dates. You must apply for renewal before the waiver expires if you want to continue operations. Renewal applications should be submitted at least 90 days before expiration to ensure continuity. The FAA may update conditions upon renewal based on new regulations or safety data.
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