Part 107 Waiver: When You Need One and How to Apply (2026)

Last Updated: November 10, 2026

A Part 107 waiver allows a drone operation to depart from specific eligible FAA rules under approved conditions. But an unusual job doesn’t automatically need one. Before applying, check whether ordinary Part 107 already permits the flight, whether you need airspace authorization, and which precise restriction your mission can’t meet.

Key Takeaways

• A waiver changes only the eligible rules and operating conditions specified in its certificate—not every restriction affecting your flight.
• Routine night flights and qualifying operations over people can be legal without a waiver. Check the actual requirements, not just the mission label.
• An operational waiver doesn’t automatically provide controlled-airspace permission. Evaluate airspace authorization separately.
• New operational waiver applications use the FAA’s Aviation Safety Hub, linked through AIS Services. Legacy waiver submissions and airspace authorization applications remain in FAADroneZone.
• Prepare a mission-specific safety explanation and submit at least 90 days ahead, as the FAA recommends. That planning window isn’t guaranteed approval.

TL;DR: Describe the mission, identify the rule, check ordinary exceptions, and separate operational relief from airspace access. If a waiver is necessary, assemble your aircraft, site, crew, and safety evidence before applying. After approval, fly only within the issued certificate’s scope and conditions.

Do you need a Part 107 waiver or an airspace authorization?

A Part 107 waiver lets you deviate from an eligible operating rule under FAA-approved conditions. An airspace authorization gives you the required permission to enter certain controlled airspace. Start by checking both questions separately: can your mission follow the operating rules, and does its location require prior airspace permission?

Under §107.41, prior ATC authorization is required in Class B, C, or D airspace, or within the lateral boundaries of an airport’s Class E surface area. That doesn’t mean all Class E airspace requires authorization. The FAA’s airspace authorization guidance explains the ordinary routes: LAANC where available or FAADroneZone.

LAANC offers near-real-time approvals at preapproved UAS Facility Map altitudes, with further coordination available for requests above those values. DLA’s LAANC drone authorization guide explains that workflow.

For example, a visual-line-of-sight roof inspection near an airport might need airspace authorization but no operational waiver. Extending that inspection beyond visual line of sight creates a separate waiver question.

One nuance matters: §107.205 includes §107.41 among waiver-eligible provisions. Airspace isn’t categorically unwaivable. Still, don’t assume an operational certificate supplies airspace access; check what it actually authorizes and obtain any separate required permission.

Which Part 107 rules can the FAA waive?

The FAA can waive only the provisions listed in §107.205, and only when the proposed operation can be conducted safely under the waiver’s terms. Common requests involve BVLOS, multiple drones, operations over people, or operating limitations. Identify the exact provision you need changed; a waiver isn’t permission to disregard Part 107 generally.

The complete waiver-eligible list in §107.205 covers:

• §107.25: Operation from a moving vehicle or aircraft.
• §107.29(a)(2) and (b): Anti-collision lighting at night and civil twilight—not the night knowledge/training requirement in §107.29(a)(1).
• §107.31 and §107.33: Visual line of sight and visual-observer provisions.
• §107.35: Operation of multiple small unmanned aircraft systems.
• §107.37(a): Yielding right of way—not §107.37(b)’s collision-hazard prohibition.
• §107.39 and §107.145: Operations over people and over moving vehicles.
• §107.41 and §107.51: Certain-airspace requirements and operating limitations.

BVLOS and moving-platform boundary: For both §107.31 and §107.25, no waiver will be issued to allow the carriage of property of another by aircraft for compensation or hire. Don’t build a paid package-delivery proposal around an assumption that either waiver removes this exclusion. It isn’t a blanket ban on paid mapping or inspection work.

Also distinguish operating from a moving vehicle from flying over people inside moving vehicles. Under the ordinary §107.25 rule, operation from a moving land or water-borne vehicle is already allowed over a sparsely populated area when it isn’t transporting another person’s property for compensation or hire.

Finally, a §107.205 waiver doesn’t raise Part 107’s aircraft weight threshold. A small unmanned aircraft must weigh less than 55 pounds on takeoff, including attachments and payload.

Can you fly at night, over people, or above 400 feet without a waiver?

Yes, some missions that sound unusual already fit Part 107. Routine night flights, qualifying operations over people, and flights using the structure altitude exception don’t automatically need waivers. Check every applicable condition before deciding: a nighttime schedule, a lightweight drone, or an altitude above 400 feet doesn’t answer the whole compliance question.

Night: Under §107.29 and §107.65, the remote pilot must have completed the applicable initial knowledge test or training after April 6, 2021, and maintain knowledge recency within the previous 24 calendar months. Night flights require lighted anti-collision lighting visible for at least three statute miles, flashing sufficiently to avoid a collision. Civil twilight requires that lighting, too. The remote pilot may reduce its intensity for safety but may not extinguish it under the ordinary rule. Departing from eligible lighting provisions—not merely scheduling a night job—may require a waiver.

People and moving vehicles: §107.39 permits operations over directly participating people, people protected by a covered structure or qualifying stationary vehicle, or operations meeting Categories 1–4. Category 1 requires 0.55 pounds or less throughout the operation, including attachments, and no exposed rotating parts capable of lacerating skin. Weight alone isn’t enough.

Categories 2 and 3 require eligible aircraft on an FAA-accepted declaration of compliance, plus applicable labeling and operating conditions. Category 3 prohibits flight over open-air assemblies and restricts other over-people operations. Category 4 requires an airworthiness-certificated aircraft and applicable operating and maintenance requirements. Sustained flight over open-air assemblies under Categories 1, 2, and 4 also has specified Remote ID conditions. DLA’s guide to flying a drone over people provides additional context.

Under §107.145, Categories 1–3 operations over people inside moving vehicles must use a closed/restricted-access site with notice to occupants, or must not maintain sustained flight over moving vehicles. Category 4 has its applicable certificate and limitations. A brief road crossing doesn’t bypass aircraft-category requirements.

Altitude and weather: §107.51 already allows flight within a 400-foot radius of a structure up to 400 feet above its immediate uppermost limit. Other permissions still matter. Normal limits also include 87 knots/100 mph groundspeed, three statute miles of visibility from the control station, and cloud clearance of 500 feet below and 2,000 feet horizontally.

What should you prepare before applying?

Prepare a specific mission description before you touch the application form. You’ll need accurate operator and contact details, aircraft information, dates, locations, and a clear account of the requested deviation. The FAA recommends a Concept of Operations document, or CONOPS, supported by relevant maps, procedures, and evidence of your proposed safeguards.

Use the FAA waiver guidance and July 2026 Aviation Safety Hub guide to assemble:

• Operator details: Responsible-party contact information and organization/operator information.
• Aircraft details: Aircraft/device types, make, model, quantity, equipment, and relevant capabilities.
• Dates and geography: Proposed dates, locations, coordinates, and an operation-area map where applicable.
• Mission and crew: What the aircraft will do, who will perform each role, and applicable operating and contingency procedures.
• Supporting records: Related waiver or authorization numbers, maps, diagrams, and safety materials supporting the requested relief.

Keep the scope specific enough to assess. Describe the actual site and equipment rather than a hypothetical fleet that might do almost anything. Registration isn’t required merely to request a waiver, but the drone must be registered before operating it.

Drone Launch Academy was founded by David Young, an FAA-certified Advanced Ground Instructor. For foundational mission preparation, DLA’s drone preflight checklist can help organize routine checks. It complements planning; it doesn’t replace the FAA’s waiver-specific safety explanation.

Where and how do you apply for a Part 107 waiver in 2026?

Apply through the FAA’s Aviation Safety Hub, now linked from Aviation Integrated Safety (AIS) Services. New operational waiver requests have moved there; previously submitted waiver requests remain in FAADroneZone. Part 107 airspace authorization applications also remain in DroneZone until further notice, so choose the route that matches the permission you’re requesting.

Start with the current FAA waiver page and its AIS Services entry point, rather than an old screenshot tutorial. Legacy instructions in the issued-waiver directory aren’t the current route for new operational requests.

The July 2026 FAA user guide directs applicants to select Sign In/Register, choose Customer, complete the Login.gov/MyAccess steps, and begin Part 107 Operational Waiver. The application has five sections:

1. Operator Information: Enter accurate applicant and responsible-party information.
2. Proposed Operation: Describe the mission, aircraft, locations, dates, and operational scope.
3. Requested Waivers: Check that the regulations driven by your operational answers match the relief you actually need.
4. Supporting Documentation: Upload relevant CONOPS, maps, and safety materials.
5. Safety Evaluation: Review and complete the regulation-specific safety responses.

Don’t request every waiver just in case. Inconsistent mission answers can produce a request that doesn’t fit the operation.

Before proceeding to Safety Evaluation, review earlier sections carefully: the guide warns that they can’t be edited after that point. The Hub can generate draft safety responses from an uploaded CONOPS, but you must check and correct them for accuracy and completeness. Generated text isn’t evidence that a safeguard exists.

For scheduling, the guide recommends selecting a start date at least 90 days after application. Treat that as planning lead time, not a guaranteed decision or an automatic legal minimum.

How do you explain that your proposed operation is safe?

Build the safety explanation around the hazards created by your requested deviation, not around a claim that your drone is safe. For each hazard, describe a practical control, show why it should work, and explain what happens if it fails. Address the FAA’s relevant Waiver Safety Explanation Guidelines in detail.

The FAA’s safety guidelines and guiding questions help connect the requested relief to operational hazards. Discuss technology, personnel, training, containment, access restrictions, and operating limits where relevant. Unsupported assurances leave the reviewer with unanswered questions.

Illustrative safety-explanation example: a two-aircraft inspection requesting §107.35 relief. This hypothetical example demonstrates reasoning only. It is neither a paste-ready application nor an FAA-approved template; actual controls must fit the aircraft, site, crew, and requested operation.

Suppose one remote pilot proposes supervising two inspection aircraft at a restricted-access industrial site. The application should explain how overlapping flight paths, divided attention, and contingency actions will be managed—not simply describe the aircraft as autonomous.

An illustrative explanation might describe separate operating volumes, coordinated launches, and a stop-work procedure if crew communication fails. It should identify who calls the abort, which aircraft actions follow, and how both aircraft reach a safe condition without crossing into each other’s routes. Those details require supporting evidence, not guessed performance claims.

Check lost-link and return-to-home behavior against people, vehicles, obstructions, and the other aircraft’s route. Explain aircraft failures, traffic detection and avoidance, weather limits, and containment as applicable. There isn’t one universal contingency package for every waiver.

The ordinary §107.49 preflight duties also require briefing participating people on roles, hazards, and emergency/contingency procedures. A control that exists only in an attachment won’t help if the crew doesn’t understand it.

How long does review take, and what happens after submission?

Plan to submit at least 90 days before the intended operation, as the FAA’s current guide recommends. That lead time is not a guaranteed approval window. The FAA aims to approve or disapprove requests within 90 days, but complexity and completeness affect processing, and the outcome may be approval, denial, or partial approval.

The FAA waiver page describes this as a best-effort review objective. Don’t promise a client that a filed request will become usable permission on day 90. Submission confirmation isn’t approval.

Monitor the responsible person’s inbox and application status. If the FAA needs additional information, that person receives a status-change email and must log in to respond. The FAA’s main waiver page says failure to respond within 30 days cancels the application and requires resubmission.

If the request is denied, use the explanation to identify what needs work: missing hazards, unsupported mitigations, unclear limits, or an operation that hasn’t been adequately justified. Tighten the scope or supply the missing evidence before submitting again. Resending the same unsupported assurances doesn’t address the underlying issue.

What should you check before flying under an approved waiver?

Read the issued certificate before committing to the job. You may deviate only as far as it allows, and you must follow its conditions and limitations. Check approved dates, locations, aircraft, equipment, crew qualifications, and procedures, then confirm any separate airspace permission and other rules that still apply to the mission.

§107.200(d) makes those certificate limits controlling. Check special provisions, not just the approved regulation number. Brief the crew on the actual operating boundaries and stop conditions before launch.

A November 3, 2026 FAA-issued certificate illustrates why details matter: it is nontransferable, limits its locations, doesn’t waive state or local law, and requires specific FAA permission before combining it with other approvals. Those are that certificate’s terms—not a universal template.

If your aircraft, location, or mission changes, don’t assume the existing approval covers it. Check its scope and seek FAA guidance on any needed changes. For help strengthening your command of ordinary operating rules, explore DLA’s Drone Exam Study Course. Training supports informed planning; it doesn’t grant a waiver.

What else should pilots know about Part 107 waivers?

The most useful waiver questions concern the exact mission, not whether waivers are broadly available. Night operations, BVLOS delivery, airspace access, validity, shared approvals, and application costs each have different boundaries. Use the answers below as a starting point, then check the current FAA instructions and your own certificate’s terms before flying.

Do I need a Part 107 waiver to fly at night?

Not for a routine flight that meets §107.29’s applicable training and anti-collision-lighting requirements and §107.65 knowledge recency. A waiver may be needed to depart from eligible night or civil-twilight lighting provisions. The night knowledge/training requirement isn’t waivable under §107.205, and controlled-airspace permission remains a separate question.

Can a Part 107 waiver allow BVLOS package delivery?

A §107.31 waiver cannot allow carriage of another person’s property by aircraft for compensation or hire. The same express exclusion applies to §107.25 moving-platform waivers. That doesn’t prohibit all compensated drone work: paid mapping or inspection isn’t automatically carriage of another’s property. Don’t assume a delivery mission fits this waiver pathway.

Do I need both a waiver and LAANC authorization?

You may need both operational relief and controlled-airspace permission, depending on the mission. LAANC authorization doesn’t waive visual-line-of-sight or other operating limits, and an operational waiver doesn’t automatically supply airspace access. Check the certificate’s actual scope; §107.41 itself is waiver-eligible, so the precise issued permission matters.

How long does a Part 107 waiver last?

Use the effective and expiration dates on the issued certificate, not a standard duration assumed from someone else’s approval. The July 2026 Hub guide limits the requested end date to no more than 48 months after the selected start date. That form limit doesn’t promise a four-year waiver.

Can I use another pilot’s waiver or combine approvals?

A publicly listed waiver isn’t permission for you to conduct its operation. Check who and what the certificate authorizes, including transfer restrictions and special provisions. Don’t assume multiple approvals can be combined: the cited November 2026 certificate requires specific FAA permission for combinations, and your own certificate’s conditions control.

How much does a Part 107 waiver application cost?

Don’t assume a quoted price is the FAA’s waiver application fee. The current FAA waiver page and July 2026 Hub guide don’t establish an explicit fee or no-fee statement. Registration charges and any preparation provider’s pricing are separate. Check the official application instructions for any charges before submitting.

References

• FAA Part 107 Waivers, updated October 29, 2026.
• eCFR §107.205: waiver-eligible regulations and 14 CFR Part 107.
• FAA Part 107 Airspace Authorizations and Aviation Integrated Safety Services.
• FAA Aviation Safety Hub External User Guide, July 2026.
• FAA Waiver Safety Explanation Guidelines and Guiding Questions, June 14, 2024.
• FAA Certificate of Waiver 107W-2026-02634, November 3, 2026, cited as an illustration only.