Do I need a waiver to fly my drone at night?

Not since April 21, 2021, as long as the remote pilot in command completed the updated knowledge test or training after April 6, 2021 and the drone's anti-collision lighting is lit and visible from at least 3 statute miles (14 CFR 107.29). A waiver is only needed to fly without that lighting.

Is a LAANC authorization the same as a Part 107 waiver?

No. LAANC gives airspace authorizations, the prior air traffic control authorization 14 CFR 107.41 requires in Class B, C, D and surface-area Class E airspace. A waiver lets you deviate from a rule listed in 14 CFR 107.205.

How long does a Part 107 waiver take?

The FAA says it tries to approve or disapprove waiver requests within 90 days of submission. Processing times vary with the complexity of the request and how complete the application is.

Which Part 107 rules can't be waived?

Any rule not listed in 14 CFR 107.205. That includes the requirement to hold a Remote Pilot Certificate, registration, the alcohol and drug rules, the hazardous material ban, safety event reporting and the training condition for night flying.

Do I need to register my drone before applying for a waiver?

No. The FAA says you do not need to register a drone to request a waiver, but you must register it before any operation.

Rules

Part 107 waivers explained: what they cover and how to apply

A waiver is FAA permission to fly outside certain Part 107 rules, once you show the flight can still be done safely. Here is what can be waived and how the process works.

Published October 12, 2026

Last reviewed October 12, 2026

6 min read

A Part 107 waiver, or certificate of waiver to use its formal name, is FAA permission to fly outside specific Part 107 rules. The FAA grants one when it is satisfied that the flight you propose can be flown safely under the waiver's terms (14 CFR 107.200(a)). Not every rule is open to a waiver, only those listed in 107.205, such as visual line of sight, the altitude limit or operations over people (14 CFR 107.205). If your flight already meets every Part 107 rule, there is nothing to waive. Applications go in online through the FAA's Aviation Safety Hub, and the FAA tries to reach a decision within 90 days (FAA, Part 107 Waivers). An airspace authorization, such as one through LAANC, is something else entirely; more on that below.

How a waiver works

The FAA calls a waiver an official document approving certain operations outside the limits of a regulation, granted when you show you can still fly safely by other means (FAA, Part 107 Waivers). The regulation adds three ground rules (14 CFR 107.200(b) to (d)):

Your request has to make the case. It needs a full description of what you plan to do and a justification establishing that it can be done safely under a waiver.
The FAA can attach conditions. It may add whatever limitations it considers necessary.
The waiver is a boundary, not a blank check. You may depart from the rules only to the extent the waiver says, and every condition and limitation in it binds you.

The FAA warns that failing to follow the terms of a waiver may be a violation of the regulation being waived (FAA, Part 107 Waivers). Every Part 107 rule the waiver doesn't cover still applies.

The rules a waiver can cover

Section 107.205 is a closed list: a waiver can relax the rules below and nothing else (14 CFR 107.205). Grouped by what they control:

Airspace and operating limits: 107.41 (flying in certain airspace) and 107.51 (the limits on groundspeed, altitude, visibility and cloud clearance).
How the drone is watched: 107.31 (visual line of sight) and 107.33 (visual observers). A visual line of sight waiver will not be issued to let you carry someone else's property for compensation or hire.
How many drones, and from where: 107.35 (more than one drone at a time) and 107.25 (flying from a moving vehicle or aircraft). The same carve-out applies: no 107.25 waiver to carry someone else's property for compensation or hire.
Other aircraft and people: 107.37(a) (right of way), 107.39 (flight over people) and 107.145 (flight over moving vehicles).
Lighting: 107.29(a)(2) and (b), the anti-collision light needed at night and in civil twilight.

The FAA's own examples are practical: flying over 400 feet above ground level, flying with less than 3 statute miles of visibility, flying multiple drones with one pilot, or flying from a moving vehicle in a populated area (FAA, Part 107 Waivers).

What a waiver can't cover

Anything not on that list stays in force (14 CFR 107.205). Examples include:

holding a Remote Pilot Certificate and staying current (14 CFR 107.12);
registration (14 CFR 107.13);
the alcohol and drug rules (14 CFR 107.27);
the training condition for night flying (14 CFR 107.29(a)(1));
the ban on carrying hazardous material (14 CFR 107.36); and
the duty to tell the FAA within 10 calendar days about an operation that caused serious injury, any loss of consciousness, or damage to other property beyond the rule's $500 limits (14 CFR 107.9) (see drone accident reporting).

Remote ID rules are in Part 89, and 107.205 lists only sections of Part 107, so a Part 107 waiver doesn't cover them (14 CFR 107.205). Some operators can instead ask the FAA for a separate Remote ID Letter of Authorization (FAA, Remote ID).

Check whether you need one at all

Flights at night and over people used to need a waiver. Since April 21, 2021, Part 107 has allowed routine flights at night and over people without one, under set conditions (FAA, Operations Over People). Night flying needs updated training plus anti-collision lights that can be seen from 3 statute miles (14 CFR 107.29(a)), and flights over people need one of four operating categories (14 CFR 107.39). Our posts on night flying rules and operations over people explain both. Night waivers issued before April 21, 2021 can no longer be used for night flights (14 CFR 107.29(d)).

Waiver or airspace authorization?

These two get mixed up. Class B, C and D airspace, and the Class E surface area designated for an airport, need air traffic control authorization before you fly in them (14 CFR 107.41). That is an airspace authorization, not a waiver. You don't ask permission to break 107.41; you get the authorization it requires.

LAANC gives near-real-time authorizations at the altitudes pre-approved on the UAS Facility Maps, through apps from companies the FAA has approved. Requests to fly above those altitudes, as long as the flight stays under 400 feet, go to "further coordination" and must be sent no later than 72 hours ahead of the planned start (FAA, Part 107 Airspace Authorizations).
FAADroneZone handles airspace authorizations for airports that are not LAANC-enabled. Requests are processed by hand, and the FAA says this has historically taken up to eight weeks (FAA, Part 107 Airspace Authorizations). Airspace authorization applications stay in FAADroneZone until further notice, even though waiver applications have moved (FAA, Part 107 Waivers).

Section 107.41 can itself be waived (14 CFR 107.205(h)). FAA guidance says the FAA's Air Traffic Organization doesn't approve or deny authorization requests based on equipment beyond what Part 107 requires; a pilot who wants to rely on extra equipment, such as geo-fencing, to fly in controlled airspace may apply for a waiver instead (AC 107-2A, para. 5.10.2). Night flying doesn't change the airspace rule either: the FAA notes that airspace authorizations are still required for night flights in controlled airspace (FAA, Certificated Remote Pilots). For more, read LAANC airspace authorization explained and the Part 107 airspace topic page.

How to apply

The FAA sets out four steps (FAA, Part 107 Waivers).

Work out what you need. Match what you want to do to the Part 107 section that stops you.
Write the waiver safety explanation. Describe the operation, its possible risks and how you will reduce them, and address each of the FAA's waiver safety explanation guidelines for that section. The FAA says it will disapprove an application that doesn't identify hazards and propose ways to reduce them.
Submit it. Create an account or log in to the Aviation Safety Hub and apply there. You don't need to register a drone to request a waiver, but you must register before any operation.
Wait for the decision. The FAA tries to approve or disapprove requests within 90 days, and times vary with complexity and how complete your application is. If it asks for more information, you have 30 days to respond or the application is canceled.

Applications already submitted before the move are still processed in FAADroneZone (FAA, Part 107 Waivers).

Making the application strong

The amount of detail should match what you ask for. FAA guidance says waiving several sections for a flight in a congested city with heavy air traffic will likely need far more data and analysis than waiving one section in a sparsely populated area (AC 107-2A, para. 5.20.2). The FAA's guidance questions point to the details it looks for (FAA, Part 107 Waivers):

where you will fly, how high, what kind of area it is and what other airspace is within 5 miles;
the drone: its type, weight, flight time, range and speed, how it stays where you direct it (such as geo-fencing or a tether) and any flight termination system;
the crew: minimum experience, how many people, and how they are trained, tested and kept current; and
for night or civil twilight use, how you will reduce the extra risk, or the waiver may be limited to daylight.

Keep it to the sections you are asking about; the FAA asks applicants to include only information that applies to the regulations they want waived (FAA, Part 107 Waivers).

Waivers and the knowledge test

Waivers are part of Part 107 itself, and the knowledge test covers the regulations for small drone operations (14 CFR 107.73(a)), so it pays to know which rules can be waived and what a waiver allows. The Part 107 regulations topic page has sample questions, and Part 107 key numbers lists the limits a waiver might relax. Take the free 20-question Part 107 practice test to check yourself. Part 107 Complete ($39, one-time) has a lesson on safety event reporting, waivers, alcohol and drugs, with practice questions and timed mock exams.

Questions people ask

Do I need a waiver to fly my drone at night?: Not since April 21, 2021, as long as the remote pilot in command completed the updated knowledge test or training after April 6, 2021 and the drone's anti-collision lighting is lit and visible from at least 3 statute miles (14 CFR 107.29). A waiver is only needed to fly without that lighting.
Is a LAANC authorization the same as a Part 107 waiver?: No. LAANC gives airspace authorizations, the prior air traffic control authorization 14 CFR 107.41 requires in Class B, C, D and surface-area Class E airspace. A waiver lets you deviate from a rule listed in 14 CFR 107.205.
How long does a Part 107 waiver take?: The FAA says it tries to approve or disapprove waiver requests within 90 days of submission. Processing times vary with the complexity of the request and how complete the application is.
Which Part 107 rules can't be waived?: Any rule not listed in 14 CFR 107.205. That includes the requirement to hold a Remote Pilot Certificate, registration, the alcohol and drug rules, the hazardous material ban, safety event reporting and the training condition for night flying.
Do I need to register my drone before applying for a waiver?: No. The FAA says you do not need to register a drone to request a waiver, but you must register it before any operation.

Keep studying

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