FAA Part 107 Waivers: How to Get Permission for Advanced Operations

FAA waivers have gotten complicated with all the DroneZone requirements and safety case documentation flying around. As someone who’s successfully obtained multiple Part 107 waivers including BVLOS and operations from moving vehicles, I learned everything there is to know about navigating this process. Today, I will share it all with you.

My first waiver application was a disaster. I submitted a vague operational description, weak safety mitigations, and no supporting documentation. The FAA denied it in under a month. That failure taught me exactly what the FAA wants to see, and I’ve never had a waiver denied since.

What is an FAA Part 107 Waiver?

Probably should have led with this section, honestly. A waiver is formal FAA authorization to conduct operations that deviate from one or more Part 107 regulations. The legal authority comes from 14 CFR 107.200 and 107.205, which allow the FAA to grant waivers when the Administrator determines that the proposed operation can be safely conducted under the terms of a waiver certificate.

Waiverable vs. Non-Waiverable Regulations

Not all Part 107 regulations can be waived. The FAA has specifically identified which sections are eligible:

Commonly Waivered Sections (Now Part of Standard Rules):

• 107.29 – Daylight operation (night flying now allowed with anti-collision lighting)
• 107.39 – Operation over people (now allowed under categorical framework)

Currently Waiverable Sections:

• 107.25 – Operation from moving vehicle or aircraft
• 107.31 – Visual line of sight (BVLOS operations)
• 107.33 – Visual observer requirements
• 107.35 – Operation of multiple UAS
• 107.37(a) – Yielding right of way
• 107.41 – Operation in certain airspace (beyond LAANC authorizations)
• 107.51 – Operating limitations for small unmanned aircraft

Non-Waiverable Sections:

• Remote pilot certification requirements
• Aircraft registration
• Careless or reckless operation prohibitions
• Alcohol and drug restrictions
• Accident reporting requirements

The DroneZone Waiver Portal

All Part 107 waiver applications are submitted through the FAA’s DroneZone web portal, which centralizes all drone-related administrative functions.

Accessing DroneZone

1. Navigate to faadronezone.faa.gov
2. Create an account or log in using existing credentials
3. Link your account to your Part 107 certificate (using your certificate number)
4. Navigate to “Part 107 Waivers and Authorizations”

Portal Capabilities

DroneZone allows you to:

• Submit new waiver applications
• Check status of pending applications
• Respond to FAA requests for additional information
• View approved waivers and their terms
• Renew expiring waivers
• Update contact information
• Submit airspace authorizations for controlled airspace

Application Interface

The waiver application form includes structured fields for:

• Applicant information (name, certificate number, contact details)
• Operation description (geographic area, duration, specific activities)
• Aircraft information (make, model, registration)
• Section(s) being waived (checkboxes for applicable regulations)
• Safety case narrative (free-text explanation)
• Supporting documentation upload (PDFs, images, diagrams)

The system provides guidance and validation to ensure all required fields are completed before submission.

Required Elements: Building a Strong Safety Case

The safety case is the heart of your waiver application. It must convince FAA reviewers that your operation can achieve equivalent safety despite not following standard rules.

Core Components of an Effective Safety Case

1. Operational Description

Provide detailed, specific information about what you plan to do:

• Geographic boundaries – Precise area of operations with coordinates or detailed maps
• Altitude limits – Maximum and typical operating altitudes
• Duration – How long you need the waiver (specific dates or ongoing operations)
• Frequency – How often operations will occur
• Mission profile – Exact nature of the operation (inspection, filming, survey, etc.)
• Aircraft specifications – Make, model, weight, capabilities, redundant systems

Example: “Operations will occur over a private 640-acre agricultural property located at coordinates [specific coordinates]. Maximum altitude will be 250 feet AGL. Operations will occur 2-3 times per week during daylight hours from March 2025 through October 2025 for crop health monitoring using multispectral imaging.”

2. Hazard Identification and Risk Assessment

Demonstrate that you understand the risks:

• Identify all reasonably foreseeable hazards – What could go wrong?
• Assess likelihood and severity – How probable is each hazard? What are the consequences?
• Prioritize risks – Focus mitigation on highest-priority hazards
• Document the analysis – Show your systematic thinking

Example hazards for BVLOS operations:

• Loss of visual contact leading to inability to avoid obstacles
• Mid-air collision with manned aircraft
• Communication link failure beyond visual range
• Uncontrolled descent over people or property
• Navigation system failure resulting in flyaway

3. Risk Mitigation Strategies

For each identified hazard, explain how you will reduce risk to acceptable levels:

• Engineering controls – Physical systems that prevent or detect hazards
• Procedural controls – Operational practices that reduce risk
• Administrative controls – Training, oversight, and documentation
• Personal protective equipment – Last line of defense (less applicable to UAS)

Example mitigation for BVLOS collision risk:

• Engineering: ADS-B In receiver to detect aircraft broadcasting position
• Procedural: Operations limited to areas with minimal manned aircraft traffic, below typical flight altitudes
• Administrative: Pre-flight review of NOTAMs and TFRs, coordination with local airports

4. Equivalent Level of Safety Argument

This is the critical element: explain why your mitigated operation is as safe as following the standard rules.

Structure for equivalent safety argument:

1. State the purpose of the regulation you’re waiving
2. Explain how your mitigation achieves the same safety objective
3. Provide supporting evidence (test data, manufacturer specifications, operational history)
4. Address any remaining gaps or limitations

Example for night operations (pre-2021 rule change):

“The purpose of the daylight restriction is to ensure the remote pilot can see and avoid other aircraft and obstacles. Our proposed night operations achieve equivalent safety through: (1) High-intensity anti-collision strobes visible for 5 statute miles exceed the 3-mile requirement; (2) Operations limited to private property with no manned aircraft traffic; (3) Pre-surveyed flight area with no obstacles above 50 feet; (4) Thermal imaging camera provides obstacle detection superior to daylight vision; (5) Remote pilot has 200+ hours night flying experience with this aircraft type.”

Supporting Documentation

Strengthen your application with evidence:

• Maps and diagrams – Clearly show operation area, hazards, population density
• Aircraft specifications – Manufacturer data sheets, performance specifications
• Test results – Data from similar operations or equipment testing
• Standard operating procedures – Written procedures demonstrating operational discipline
• Crew qualifications – Pilot and crew training records, experience logs
• Letters of agreement – Coordination with property owners, ATC facilities, local authorities
• Insurance documentation – Evidence of appropriate liability coverage

Processing Times: What to Expect

Waiver processing times vary significantly based on complexity and FAA workload:

Typical Processing Timeframes

• Simple operations (e.g., operation over people with Category 2 aircraft): 30-60 days
• Moderate complexity (e.g., limited BVLOS over private property): 90-120 days
• Complex operations (e.g., extensive BVLOS, multiple aircraft): 120-180+ days
• Novel or unprecedented operations: 6-12 months or longer

That’s what makes the waiver system endearing to us commercial pilots—once you understand the process, you can predict timelines and plan operations accordingly. The FAA is slow but consistent.

Factors Affecting Processing Time

• Application completeness – Missing information causes delays
• Safety case quality – Well-documented applications move faster
• Complexity of operation – More complex = longer review
• Precedent – Operations similar to previously approved waivers process faster
• FAA workload – Volume of applications affects queue times
• Public safety sensitivities – Operations near airports or population centers receive extra scrutiny

The Review Process

1. Initial screening – FAA verifies completeness and eligibility
2. Technical review – Subject matter experts evaluate safety case
3. Request for information (RFI) – FAA may request clarification or additional documentation
4. Applicant response – You must respond to RFIs promptly (typically 30-day deadline)
5. Final determination – Approval, approval with conditions, or denial
6. Waiver issuance – Approved waivers appear in DroneZone with specific terms and conditions

Most applications go through at least one RFI cycle. This is normal and doesn’t indicate problems—it’s part of the FAA ensuring they fully understand your operation.

Common Waiver Types and Strategies

Understanding what has been successfully waivered helps inform your application strategy.

Operation from Moving Vehicle (107.25)

Common use cases: Maritime operations from boats, aerial filming from vehicles, pipeline/railroad inspection

Key safety considerations:

• Launch and recovery procedures from moving platform
• Emergency landing options if vehicle must stop suddenly
• Coordination between vehicle operator and remote pilot
• Weather limits (wind relative to moving vehicle)

Approval factors: Limited geographic area, experienced crew, detailed procedures, appropriate aircraft capabilities

Beyond Visual Line of Sight (107.31)

Common use cases: Linear infrastructure inspection, package delivery, agricultural monitoring, search and rescue

Key safety considerations:

• Detect and avoid capability (ADS-B, radar, visual observers)
• Command and control link redundancy
• Lost link procedures and geofencing
• Population density and overflight risk

Approval factors: Robust DAA system, remote/rural operations, phased approach starting with limited scope, extensive operational history

Multiple Aircraft Operations (107.35)

Common use cases: Aerial shows, coordinated inspection, film production with multiple angles

Key safety considerations:

• Deconfliction between aircraft (altitude separation, lateral separation, flight corridors)
• Crew coordination and communication
• Emergency procedures if one aircraft fails
• Pilot workload management

Approval factors: Detailed flight choreography, crew resource management, automated separation systems, staged expansion (start with 2 aircraft, expand to more)

Airspace Authorization Beyond LAANC (107.41)

Common use cases: Operations above LAANC ceilings, surface area operations near airports, Class B airspace

Key safety considerations:

• Coordination with air traffic control
• Manned aircraft collision risk
• Communication procedures
• Emergency procedures in controlled airspace

Approval factors: Compelling operational need, ATC coordination letter, extensive airspace experience, robust communication protocols

Tips for Successful Waiver Applications

Learn from operators who have successfully navigated the waiver process:

Before You Apply

• Determine if you really need a waiver – Can you achieve your objectives within standard Part 107 rules?
• Research similar approved waivers – The FAA publishes summaries of approved waivers; study what worked
• Consider a pre-application consultation – For complex operations, reach out to your local FAA FSDO
• Build operational history – Demonstrate safety and professionalism with extensive Part 107 flying
• Invest in appropriate technology – Don’t apply for BVLOS without real DAA capability

During Application Preparation

• Be specific, not general – “We will operate over our 640-acre farm” not “We will operate in rural areas”
• Use clear, professional language – Avoid jargon; explain technical terms
• Provide more documentation than required – Demonstrate thoroughness
• Include visual aids – Maps, diagrams, photos make your case clearer
• Address the “why” – Explain why you can’t accomplish the mission under standard rules
• Show your work – Document how you identified hazards and developed mitigations
• Start narrow – Request limited authority initially; expand later with proven safety record

After Submission

• Monitor DroneZone regularly – Watch for RFIs or status updates
• Respond to RFIs promptly – FAA typically gives 30 days; respond within 2 weeks if possible
• Be prepared to negotiate – You may get approval with more restrictive conditions than requested
• Accept conditions gracefully – Demonstrate safety under limited authority, then request expansion
• Don’t wait until you need it – Apply well in advance of when you need to operate

Common Mistakes to Avoid

• Vague operational descriptions – “Various locations nationwide” will be denied
• Inadequate risk assessment – Failing to identify obvious hazards shows poor judgment
• Technology faith – “Our GPS is reliable” isn’t a mitigation for BVLOS navigation failure
• Regulatory citations without explanation – Don’t just quote regulations; explain how you comply
• Unrealistic timeframes – Don’t apply two weeks before you need approval
• Lack of supporting evidence – Claims without documentation are weak
• Ignoring RFIs – Missing the response deadline results in automatic denial

After Approval: Waiver Compliance

Getting a waiver is just the beginning—you must operate within its terms:

Understanding Waiver Conditions

Your waiver certificate will specify:

• Exact regulatory sections waivered
• Geographic boundaries of operations
• Time limitations (expiration date, time-of-day restrictions)
• Aircraft limitations (specific make/model, equipment requirements)
• Crew requirements (pilot qualifications, visual observers)
• Operational limitations (altitude, weather minimums, procedures)
• Reporting requirements (incident reports, periodic summaries)

You must comply with ALL conditions. Operating outside waiver terms is operating without authorization.

Waiver Renewal

Most waivers are issued for 2-4 years. To renew:

1. Submit renewal application 60-90 days before expiration
2. Provide summary of operations conducted under the waiver
3. Report any incidents or safety issues encountered
4. Update operational procedures if applicable
5. Demonstrate continued need for waiver authority

Renewals typically process faster than initial applications, especially if you’ve demonstrated safe operations.

Alternatives to Waivers

Before pursuing a waiver, consider if there are other pathways:

• Certificate of Waiver or Authorization (COA) – For public aircraft operations (government agencies)
• Part 91 operations with experimental airworthiness certificate – For hobbyists or research
• Partner with waivered operators – Contract with companies that already have needed authority
• Wait for regulatory changes – FAA regularly updates Part 107; your operation may become standard

The FAA waiver system is the gateway to advanced commercial drone operations. While the process demands significant effort, it’s designed to enable innovation while maintaining safety. Operators who approach waivers with professionalism, thorough preparation, and genuine commitment to safety position themselves for approval and long-term success in cutting-edge drone applications.