Waivers Under Section 107.200: What Can Be Waived
Some Part 107 operations that fall outside the standard rules can still be conducted legally ? with FAA permission granted through a certificate of waiver. This lesson covers 14 CFR 107.200's waiver authority and the complete list of regulations that can actually be waived under 14 CFR 107.205 ? a shorter list than many pilots assume, since core safety rules like registration, hazmat, and the alcohol/drug prohibition are never waivable.
What a certificate of waiver actually is
Under 14 CFR 107.200, the FAA Administrator may grant a certificate of waiver allowing an operation to deviate from a regulation listed in 107.205, if the proposed operation can be shown to be safely conducted under the terms of that certificate. A waiver is not a blanket exemption from Part 107 as a whole ? it is narrow permission to deviate from one or more specific listed rules, for a specific described operation, under conditions the FAA sets.
What a waiver application must include
An applicant must submit a complete description of the proposed operation, along with justification demonstrating that the operation can be conducted safely under the terms of the requested waiver. This is not a formality ? the FAA is specifically evaluating whether the safety case presented supports deviating from the standard rule for this particular operation, and the Administrator retains authority to prescribe additional limitations considered necessary as a condition of granting the waiver.
The complete 107.205 waivable list
Only regulations specifically listed in 107.205 can be waived ? everything else in Part 107 remains a hard requirement no waiver can excuse. The list is deliberately narrow and covers the operating-rule provisions where a genuine, well-justified safety case might support deviation, not the certification, registration, or conduct-standard rules covered elsewhere in this module.
Real-world scenario: two very different waiver needs
A utility company wants to fly beyond visual line of sight to inspect miles of transmission lines in a single continuous flight ? well outside the VLOS requirement in 107.31. They apply for a waiver, submitting a detailed safety case involving detect-and-avoid technology and a comprehensive risk assessment, since 107.31 appears on the 107.205 waivable list.
Separately, a public-safety agency wants to fly a covert surveillance mission at night without the anti-collision lighting otherwise required, since blinking lights would defeat the purpose of the mission. Even though night operations broadly no longer require a waiver since 2021 (Module 1, Lesson B), the specific anti-collision lighting subsections of 107.29 remain on the 107.205 waivable list ? meaning this narrow lighting deviation, unlike the broader night-operations permission itself, can still be requested through the waiver process.
| Regulation | Subject | Course lesson |
|---|---|---|
| 107.25 | Operation from a moving vehicle or aircraft | Module 2, Lesson H |
| 107.29(a)(2), (b) | Anti-collision lighting for night operations | Module 2, Lesson G |
| 107.31 | Visual line of sight aircraft operation | Module 2, Lesson E |
| 107.33 | Visual observer requirements | Module 2, Lesson F |
| 107.35 | Operation of multiple small unmanned aircraft | Referenced this module |
| 107.37(a) | Right-of-way rules | Module 2, Lesson J |
| 107.39 | Operation over people | Module 13 |
| 107.41 | Operations in certain (controlled) airspace | Module 3 |
| 107.51 | Operating limitations (speed, altitude, visibility, cloud clearance) | Module 2, Lesson C |
| 107.145 | Operations over moving vehicles | Module 13 |
| Mistake | Why it happens | Correct understanding | Regulation / source |
|---|---|---|---|
| "Any Part 107 rule can be waived if I have a good enough reason." | Assuming waivers work as a general-purpose exception mechanism | Only the specific regulations listed in 107.205 can ever be waived ? everything else is a hard requirement. | 14 CFR 107.205 |
| "Registration, hazmat, and alcohol/drug rules can be waived with enough justification." | Assuming safety justification can override any rule | These regulations do not appear on the 107.205 list and cannot be waived under any circumstance. | 14 CFR 107.205 |
| "Night operations still require a waiver." | Outdated pre-2021 understanding | Night operations are permitted directly under 107.29 without a waiver; only the specific anti-collision lighting subsections remain separately waivable. | 14 CFR 107.29; 107.205 |
Can I get a waiver for the registration requirement?
No. Aircraft registration under Part 48 is not among the regulations listed in 107.205, so it cannot be waived under any circumstance.
Do I still need a waiver just to fly at night?
No, not for night operations generally ? those are permitted directly under 107.29 since 2021. However, the specific anti-collision lighting subsections of 107.29 remain on the waivable list for narrow cases needing a lighting deviation.
What must a waiver applicant demonstrate to the FAA?
A complete description of the proposed operation, and justification showing the operation can be conducted safely under the terms of the requested waiver ? not simply a request for convenience.
Test Your Knowledge
Answer the questions below to check your understanding. Every answer can be found in the lesson above.