1.8 Waivers and Authorizations (Subpart E)

Waivers and Airspace Authorizations

Subpart E (sections 107.200 to 107.205) lets the FAA issue a Certificate of Waiver allowing you to operate outside a standard Part 107 rule when you show the operation can still be done safely. The exam's biggest trap here is confusing a waiver (deviating from a rule) with an airspace authorization (getting into controlled airspace) — they are not the same thing.

What Can Be Waived (Section 107.205)

What CANNOT Be Waived

These are absolute and appear as exam distractors:

• 107.23 — careless or reckless operation
• 107.27 — alcohol and drugs
• 107.47 — flight restrictions near certain areas (TFRs, security-sensitive sites)
• 107.57 — offenses involving alcohol or drugs
• Registration (Part 48) and Remote ID (Part 89)

For the exam: You can never get a waiver to fly recklessly, fly impaired, skip registration, or skip Remote ID. If an answer choice offers a waiver for one of those, it is wrong.

The Application Process (FAA DroneZone)

1. Apply through FAA DroneZone (waivers are never via LAANC).
2. Describe the proposed operation — what, where, when, how.
3. Build the safety case: how each risk created by the deviation is mitigated. This is the heart of the application.
4. List crew qualifications, equipment/technology, and emergency procedures.
5. Wait for FAA review — the FAA recommends applying at least 90 days ahead.

A granted waiver carries specific conditions, may be geographically limited, has an expiration date (commonly 2 to 4 years), may require post-operation reporting, and is subject to FAA inspection.

Airspace Authorization vs. Waiver — The Core Distinction

Worked scenario: You want to inspect a 380-ft tower inside Class D airspace at standard altitude. You need an airspace authorization (likely instant via LAANC) — not a waiver — because you are not deviating from any operating limit, just entering controlled airspace. If you instead wanted to fly that tower beyond visual line of sight, that would require a 107.31 waiver through DroneZone.

Common confusion: Flying in Class G (uncontrolled) airspace needs neither — no authorization (it is uncontrolled) and no waiver (you are following the rules). Authorization is purely about controlled airspace access.

Building a Safety Case and Avoiding the Authorization Mix-Up

The waiver topic tests two things: knowing which rules are off-limits to waivers, and cleanly separating a waiver from an airspace authorization. A surprising share of exam errors come from blurring those two.

Authorization vs. Waiver — Worked Both Ways

Think of it as door versus rule. An airspace authorization is a door into controlled airspace; once inside you still obey every operating rule. A waiver relaxes a rule itself, wherever you fly.

Worked example: A delivery operator wants to fly BVLOS through Class D airspace. That is two separate approvals: an airspace authorization for the Class D access and a 107.31 waiver for the BVLOS deviation. Getting only the authorization would still leave the BVLOS operation illegal, and vice-versa. The exam may present exactly this stacked situation.

The Heart of the Application: Mitigations

The FAA does not grant waivers for convenience; it grants them when your safety case shows the residual risk is acceptable. A strong application maps each hazard the deviation creates to a specific mitigation:

Process and Conditions

Apply through FAA DroneZone (never LAANC for waivers), describe the operation fully, and apply at least 90 days ahead. A granted Certificate of Waiver is specific: it names conditions, may restrict the geography and timeframe, sets an expiration (often 2 to 4 years), may demand post-operation reporting, and remains subject to FAA inspection. Operating outside the stated conditions voids the protection the waiver provided.

The Non-Waivable Floor

No safety case can buy a waiver for careless or reckless operation (107.23), alcohol/drugs (107.27), flight restrictions (107.47), registration, or Remote ID. These are absolute safety and security backstops. If an answer choice dangles a waiver for flying impaired, skipping Remote ID, or ignoring a TFR, eliminate it immediately.