1.8 Waivers and Authorizations (Subpart E)

1.8 Waivers and Authorizations (Subpart E)

Subpart E (§§107.200–107.205) establishes the waiver process for Part 107 operations that deviate from standard rules. A waiver allows you to legally operate outside normal Part 107 limitations when you can demonstrate the operation can be conducted safely.

What Can Be Waived?

Under §107.205, the following operating rules can be waived:

What CANNOT Be Waived?

Certain rules are non-waivable:

• §107.23 — Careless or reckless operation
• §107.27 — Alcohol and drug restrictions
• §107.47 — Flight restrictions in the proximity of certain areas (temporary and permanent)
• §107.57 — Offenses involving alcohol or drugs
• Registration requirements (Part 48)
• Remote ID requirements (Part 89)

For the Exam: You CANNOT get a waiver to operate recklessly, fly while impaired, or skip Remote ID — these are absolute safety requirements.

The Waiver Application Process

1. Submit through FAA DroneZone (faadronezone.faa.gov)
2. Include a complete description of the proposed operation
3. Provide justification that the operation can be safely conducted
4. Describe safety mitigations — the core of your application
5. Wait for FAA review — processing time varies (typically 90+ days)

Waiver Application Contents

A successful waiver application must include:

• Description of the operation — what, where, when, how
• Safety case — detailed explanation of how you will mitigate risks
• Crew qualifications — training and experience relevant to the waived operation
• Equipment — what special equipment or technology you will use
• Emergency procedures — what you will do if things go wrong
• Flight area description — maps, boundaries, and ground risk assessment

Waiver Conditions

When the FAA grants a waiver, it typically includes:

• Specific conditions that must be met during operations
• Geographic limitations (may be limited to certain areas)
• Time limitations (waivers have expiration dates, typically 2-4 years)
• Reporting requirements (may need to report to the FAA after operations)
• Right to inspect — the FAA can inspect operations at any time

Airspace Authorization vs. Waiver

It is important to distinguish between:

Airspace Authorization (§107.41):

• Permission to fly in controlled airspace (Class B, C, D, or surface area of Class E)
• Obtained through LAANC (near-real-time) or DroneZone (manual process)
• Does NOT waive any operating rule — just grants access to controlled airspace

Waiver (§107.200):

• Permission to deviate from a specific operating rule
• Always obtained through DroneZone (manual process)
• Has specific conditions and expiration dates

Common Confusion: Flying in controlled airspace requires an authorization, not a waiver. A waiver is for deviating from operating rules like altitude limits, VLOS requirements, or flying multiple aircraft.