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FAA Part 107 waiver: what can be waived and how to apply

You only need one if your flight can’t follow a rule as written. An FAA Part 107 waiver is a certificate of waiver that lets you fly outside certain limits, such as beyond visual line of sight or above 400 feet, once you’ve shown the Federal Aviation Administration (FAA) how you’ll keep the flight safe. Applications go through the FAA’s Aviation Integrated Safety (AIS) Services system, and the FAA says it does its best to decide within 90 days.

  • 10Part 107 rules listed in 107.205
  • 30 daysTo answer an FAA request for information
  • 90 daysThe FAA’s aim for deciding a waiver

Which rules can an FAA Part 107 waiver cover?

Only the 10 listed in Title 14 of the Code of Federal Regulations (14 CFR) 107.205:

SectionWhat it limits
107.25Flying from a moving aircraft or vehicle
107.29(a)(2) and (b)Anti-collision lights at night and in twilight
107.31Visual line of sight
107.33Visual observer rules
107.35One drone per pilot
107.37(a)Yielding the right of way
107.39Flying over people
107.41Controlled airspace
107.51Speed, height, visibility and cloud limits
107.145Flying over moving vehicles

No waiver of 107.25 or 107.31 will be issued to carry someone else’s property for pay. For controlled airspace, the FAA’s waiver page treats a Part 107 airspace authorization as a separate request that stays on FAADroneZone.

How to apply for an FAA Part 107 waiver

  1. Work out which section your flight can’t meet, using the FAA’s table of what you want to do and the rule behind it.
  2. Write a waiver safety explanation for each section: describe the operation, the risks and how you’ll reduce them. The FAA’s Waiver Safety Explanation Guidelines list the questions to answer, from where and how high you’ll fly to how your crew is trained.
  3. Submit the application in AIS Services. You don’t need to register the drone to apply, but you must register it before you fly.
  4. Watch your email. If the FAA needs more information it writes to the responsible person on the application, and if you don’t answer within 30 days the application is canceled.

If you plan to use the waiver at night or in civil twilight, explain how you’ll deal with the added risk, or the FAA may limit you to daylight. Applications sent through FAADroneZone before the move to AIS Services are processed there.

What “over people” means in a waiver

The FAA reads “over” strictly: any flight directly over any part of a person counts, however short, from their head to an outstretched arm or the toes of someone lying on a beach. Sustained flight over an open-air assembly includes hovering above a crowd, going back and forth over it or circling above it, but not a brief, one-time pass on the way somewhere else. Whether a gathering is an open-air assembly is decided case by case; sporting events, concerts, parades and rallies are the FAA’s examples.

Sources: FAA · GovInfo and 1 more. Checked November 2026.

Rules and fees can change, so check the official site before your test.