FAA Part 107 Waivers: BVLOS and Advanced Drone Operations

A Part 107 waiver is a safety approval for a specific deviation from a waivable regulation. It is not a general advanced-operations license. The applicant must define the operation, identify the hazards created by the deviation, and show how procedures, equipment, training, and limits will keep the operation safe.

Waiver, Airspace Authorization, and Exemption Are Different

Approval type	What it does
Part 107 waiver	Allows deviation from a regulation listed as waivable under §107.205 when the FAA accepts the safety case.
Airspace authorization	Provides ATC authorization to operate in controlled airspace under §107.41. It does not waive VLOS or other operating rules.
Exemption	Relief granted under broader statutory authority for requirements that are not handled through the Part 107 waiver process.
Other certificate or operating authority	May be required for package delivery, agricultural dispensing, larger aircraft, or other specialized operations.

Operations Commonly Associated With a Waiver

Beyond visual line of sight under §107.31.
One remote pilot or visual observer supporting more than one aircraft under §107.35.
Operation from a moving vehicle in conditions outside the standard §107.25 allowance.
Operation over people or moving vehicles when the aircraft and site do not fit the routine categories.
Operation above the standard altitude limit, above 100 mph, with less than 3 statute miles of visibility, or closer to clouds than §107.51 permits.
Night or civil-twilight operation without the lighting required by §107.29.
Use of a visual observer in a manner that does not meet the standard §107.33 requirements.

BVLOS Under the Current Rules

Standard Part 107 requires visual line of sight. A pilot who cannot clearly determine the aircraft’s position, altitude, attitude, movement, surrounding traffic, and hazard status with unaided vision needs an applicable waiver or another FAA operating authority.

As of July 31, 2026, the FAA’s proposed Part 108 framework for routine BVLOS operations is not a final rule. The eCFR still lists Parts 108 and 109 as reserved. Operators should not build a current compliance plan around proposed Part 108 provisions unless and until a final rule becomes effective.

Current BVLOS takeaway Routine Part 108 BVLOS is not yet an available final-rule path on the review date. Current advanced operations continue to rely on existing waivers, exemptions, certificates, and other FAA authorizations applicable to the specific mission.

What the FAA Needs to Understand

A strong application explains the actual operation rather than copying generic safety language. The FAA needs enough information to understand where and how the aircraft will fly, what can go wrong, how the crew detects each hazard, and what action prevents an unacceptable outcome.

Concept of operations: mission, route, altitude, duration, operating area, aircraft, payload, and crew roles.
Air risk: crewed aircraft exposure, detection method, right-of-way response, lost-link behavior, and containment.
Ground risk: population, roads, buildings, critical infrastructure, impact area, and emergency landing options.
Aircraft reliability: command and control, navigation, power, redundancy, geofencing, health monitoring, and maintenance.
Human factors: qualifications, training, workload, fatigue, communications, handoffs, and abnormal procedures.
Operational limits: weather, visibility, wind, lighting, geography, time of day, and conditions that stop the mission.
Evidence: test data, flight history, procedures, risk analysis, manufacturer information, and records supporting the claims.

Applying Through the Aviation Safety Hub

The FAA transitioned new Part 107 operational waiver applications to the Aviation Safety Hub. Previously submitted waivers continue through the process stated by the FAA. Airspace authorization applications remain in FAADroneZone until the FAA announces otherwise.

Identify the exact Part 107 section that prevents the proposed operation.
Confirm the section is waivable and determine whether separate airspace authorization or another approval is also required.
Write a specific concept of operations and safety explanation.
Attach procedures, diagrams, maps, technical documentation, test data, and evidence that support the safety claims.
Respond directly to FAA requests for additional information.
After approval, train the crew and operate strictly within the waiver’s conditions and limitations.

Why Waiver Applications Fail

The applicant describes the business benefit but not the safety case.
The operating area is too broad or undefined for the evidence provided.
Detect-and-avoid claims are not supported by test data or procedures.
Lost-link, fly-away, navigation, power, or command-link failures are not addressed.
The application relies on a manufacturer’s marketing statement instead of configuration-specific evidence.
The proposed mitigations depend on crew actions that are not practical at the expected workload.
The applicant requests multiple advanced deviations without explaining their combined risk.
The application treats a previous operator’s waiver as transferable authority.

A Waiver Is Operator- and Operation-Specific

A published waiver can help an applicant understand what the FAA has accepted in another case, but it does not authorize another company to copy the operation. Aircraft, geography, procedures, technology, crew training, and conditions can differ materially.

After issuance, the waiver conditions are mandatory. Changes to the aircraft, software, command link, detect-and-avoid system, route, or operating concept may fall outside the approval and require FAA review or a new application.

What Part 107 Waivers Do Not Cover

Only the sections listed in §107.205 are available through the Part 107 waiver process. Registration, pilot certification, hazardous-material carriage, and other requirements are not automatically waivable. A specialized mission may require an exemption, airworthiness approval, operating certificate, economic authority, or compliance with another part of the federal aviation regulations.

Frequently Asked Questions

Does a BVLOS waiver include controlled-airspace approval?

Not automatically. If the operation enters airspace covered by §107.41, the operator also needs the applicable airspace authorization and must comply with both approvals.

Can a dealer or manufacturer’s waiver cover the customer?

Only when the customer and operation are legally included within the issued authority and every condition is met. Do not assume a product sale transfers the waiver.

How long does a waiver take?

The FAA does not provide a universal approval time. Complexity, completeness, evidence, FAA workload, and requests for additional information affect the process. Do not promise a client an approval date that the FAA has not committed to.

Related Guides

Compliance notice This page provides general federal compliance information and is not legal advice. Confirm current FAA rules, airspace restrictions, waivers, authorizations, and local requirements before each operation.