Waivers & Subpart D
~10 min read · Identify which rules are waivable and how a Part 107 waiver is requested and used.
Part 107 was written with a relief valve: almost every operational rule in it can be waived if you prove your operation is just as safe without it. The exam wants you to know which rules are waivable, which are not, and how the waiver process works.
What a waiver is
A Certificate of Waiver under Subpart D lets you deviate from specific Part 107 rules after showing the FAA your alternative means of achieving equivalent safety. You apply through the FAA DroneZone, describe the operation and mitigations, and if approved you receive a waiver with special provisions — conditions you must follow exactly. Processing can take up to 90 days, so the exam answer for planning is: apply well in advance.
The waivable list
The commonly waivable rules are the operational ones: operations from a moving vehicle (107.25), visual line of sight (107.31), visual observer requirements (107.33), multiple sUAS by one pilot (107.35), yielding right of way (107.37(a)), operations over people (107.39), operations in certain airspace (107.41), operating limitations — altitude/speed/visibility/cloud clearance (107.51). Night operation (107.29) is now largely handled by rule rather than waiver, but remains waivable for deviations beyond the standard night provisions.
- Moving vehicle, VLOS, visual observer, multiple aircraft
- Right of way, over people, controlled airspace, operating limits
- Airspace authorization (107.41) can also come via LAANC instead of a waiver
What can never be waived
The carriage of hazardous materials (107.36) cannot be waived. Neither can the fundamental definitions — a waiver cannot make a 60-lb aircraft an sUAS (55 lbs is the registration/definition boundary, not an operating rule), and no waiver authorizes careless or reckless operation (107.23). Drug and alcohol provisions are likewise not waivable.
- Hazmat carriage: never waivable
- Careless/reckless prohibition: never waivable
- The under-55-lb definition is not a rule you can waive out of
Worked example
A utility company wants one remote PIC to supervise three sUAS simultaneously patrolling a powerline corridor beyond visual line of sight at night. Which approvals are needed?
Break the operation into rules touched: (1) multiple sUAS by one pilot — 107.35, waivable; (2) beyond visual line of sight — 107.31, waivable; (3) night — allowed by rule if the pilot has current training and the aircraft carry 3-SM anti-collision lights, no waiver needed. So the company applies through DroneZone for a combined waiver of 107.31 and 107.35 with mitigations (detect-and-avoid systems, command-and-control link redundancy), and simply complies with the standard night provisions. If they also wanted to carry a hazardous chemical sampler with dangerous goods — that part is a hard no: 107.36 is not waivable.
Common exam pitfalls
Assuming anything can be waived with enough paperwork.
Hazmat carriage and the careless/reckless prohibition are never waivable. Everything operational (VLOS, over people, limits) generally is.
Confusing airspace authorization with a waiver.
Flying in controlled airspace usually needs an authorization (instant via LAANC), not a Subpart D waiver. A waiver of 107.41 is the long-form alternative for complex or recurring operations.
You can waive how you fly, never what you carry: hazmat and recklessness have no waiver.
Recap
- Waivers (Subpart D) permit deviation from specific rules with equivalent safety mitigations
- Apply via FAA DroneZone; plan for up to 90 days processing
- Waivable: moving vehicle, VLOS, VO, multiple aircraft, right of way, over people, airspace, operating limits
- Not waivable: hazardous materials carriage, careless/reckless operation
- Night ops are allowed by rule (training + lighting); waivers cover only deviations beyond that
- Waiver holders must comply with every special provision listed on the certificate
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