1.8 Waivers and Authorizations (Subpart E)
Key Takeaways
A Part 107 waiver lets you deviate from a specific operating rule when you prove the operation can be done safely.
Commonly waived rules include VLOS (107.31), night/lighting (107.29), one-pilot-one-aircraft (107.35), operations over people, and operating limits (107.51).
Non-waivable rules include careless/reckless operation (107.23), drugs/alcohol (107.27), and flight restrictions near certain areas (107.47).
An airspace authorization (controlled-airspace access via LAANC or DroneZone) is NOT a waiver — it grants access without deviating from any rule.
New waiver applications go through the FAA’s Aviation Safety Hub and must present a detailed safety case; grants carry conditions and expiration dates.
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)
| Section | Rule that can be waived |
|---|---|
| 107.25 | Operation from a moving vehicle or aircraft |
| 107.29 (parts) | Anti-collision lighting / certain night provisions |
| 107.31 | Visual line of sight |
| 107.33 | Visual observer |
| 107.35 | Operation of multiple small UAS by one pilot |
| 107.37(a) | Yielding the right of way |
| 107.39 | Operation over human beings |
| 107.41 | Operation in certain controlled airspace |
| 107.51 | Operating limits (altitude, speed, visibility, cloud clearance) |
| 107.145 | Operations over moving vehicles |
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 (Aviation Safety Hub)
- Apply through the FAA’s Aviation Safety Hub, which replaced FAA DroneZone for new Part 107 waiver applications (waivers are never via LAANC; airspace authorizations stay in DroneZone or LAANC).
- Describe the proposed operation — what, where, when, how.
- Build the safety case: how each risk created by the deviation is mitigated. This is the heart of the application.
- List crew qualifications, equipment/technology, and emergency procedures.
- Wait for FAA review — the FAA says it will do its best to decide waiver requests within 90 days of submission, so apply well 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
| Airspace Authorization (107.41) | Waiver (107.200) | |
|---|---|---|
| Purpose | Access controlled airspace (Class B/C/D, surface Class E) | Deviate from an operating rule |
| How | LAANC (near-real-time) or DroneZone (manual) | Aviation Safety Hub only |
| Speed | Often instant via LAANC | Weeks to months |
| Does it waive a rule? | No — you still obey all operating limits | Yes — the named rule is relaxed |
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 the Aviation Safety Hub.
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.
| Goal | Tool | Channel |
|---|---|---|
| Enter Class C airspace at 350 ft AGL | Airspace authorization | LAANC (often instant) or DroneZone |
| Fly BVLOS in Class G airspace | Waiver of 107.31 | Aviation Safety Hub |
| Fly two drones with one pilot | Waiver of 107.35 | Aviation Safety Hub |
| Fly at 350 ft AGL in Class G | Neither | Uncontrolled airspace, standard rules |
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:
| Deviation | Hazard introduced | Example mitigation |
|---|---|---|
| BVLOS (107.31) | Cannot see and avoid traffic | Onboard detect-and-avoid system; airspace deconfliction; observers along the route |
| Multi-aircraft (107.35) | Divided pilot attention | Automation, dedicated VO per aircraft, geofencing |
| Over people (107.39) | Injury on impact | Parachute recovery, energy-limited airframe, controlled-access zone |
Process and Conditions
Apply through the FAA’s Aviation Safety Hub (never LAANC for waivers), describe the operation fully, and apply well ahead: the FAA aims to decide within 90 days of submission. 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.
Which of the following Part 107 rules CANNOT be waived?
Alcohol and drug restrictions (107.27)
Operations over people (107.39)
Visual line of sight (107.31)
Operating limitations — altitude/speed (107.51)
You want to inspect a tower in Class D airspace at a normal 380-foot altitude. What do you need?
An airspace authorization (LAANC or DroneZone)
A waiver of Section 107.51
A waiver of Section 107.31
Nothing — Class D is uncontrolled
What fundamentally distinguishes an airspace authorization from a waiver?
They are the same thing
A waiver is only for night; an authorization is for everything else
An authorization is permanent; a waiver is temporary
An authorization grants controlled-airspace access; a waiver permits deviation from an operating rule
Where are Part 107 waiver applications submitted, and how far ahead should you apply?
Through the FAA’s Aviation Safety Hub, well ahead
Through LAANC, same day
At a local FSDO, 30 days ahead
Through IACRA, 24 hours ahead
Sections you finish are checked off in the contents.