Part 107 Operating Rules: Complete Breakdown with Waiver Process

Understanding Part 107 operating limitations is essential for passing your FAA exam and conducting legal drone operations. These rules establish the framework for safe integration of drones into the National Airspace System and define exactly when, where, and how you can fly commercially.

This comprehensive guide covers all operational limitations under 14 CFR Part 107, explains the waiver process for operations outside these limits, and provides practical examples to help you master this critical exam topic.

Altitude Restrictions (14 CFR § 107.51(b))

The altitude limitation is one of the most important rules in Part 107 and is heavily tested on the exam.

Standard Altitude Limit: 400 Feet AGL

Under 14 CFR § 107.51(b), you may not operate your small unmanned aircraft higher than 400 feet above ground level (AGL). Note that this is AGL - above the ground level directly beneath your drone, not above your takeoff point.

Key Point: "Ground level" is measured from the surface directly below the aircraft at that moment, not from where you're standing. If you launch from a valley and fly over a hill, the 400-foot limit applies from the top of that hill, not from your launch point in the valley.

Structure Exception: Flying Above 400 Feet

There is one significant exception to the 400-foot rule. According to § 107.51(b), you may fly higher than 400 feet AGL if:

1. Your drone is flown within a 400-foot radius of a structure, AND
2. Your drone does not fly higher than 400 feet above the structure's immediate uppermost limit

Why 400 Feet?

The FAA chose 400 feet AGL as the maximum altitude to maintain separation from manned aircraft. Under 14 CFR § 91.119, manned aircraft must maintain minimum altitudes of 500 feet AGL over open areas and 1,000 feet over congested areas. The 400-foot limit for drones provides at least a 100-foot buffer from the lowest legal manned aircraft operations.

Visual Line of Sight Requirements (14 CFR § 107.31)

Visual Line of Sight (VLOS) is a fundamental operational limitation that ensures the remote pilot can see and avoid other aircraft and obstacles.

What VLOS Means

According to § 107.31, the small unmanned aircraft must remain within VLOS of either:

• The remote pilot in command, OR
• The person manipulating the flight controls, OR
• A visual observer

VLOS means you must be able to see the aircraft with vision unaided by any device other than corrective lenses (glasses or contacts). The aircraft must be close enough for you to determine its location, attitude, altitude, and direction of flight.

Visual Observer Option

If using a visual observer (VO) under § 107.33, the following requirements apply:

• The VO must be able to see the unmanned aircraft unaided (except corrective lenses)
• The VO must be able to effectively communicate with the remote PIC and person manipulating controls
• The VO must be positioned to see the aircraft throughout the entire operation
• No person may act as VO for more than one UAS operation at a time

Common Use Case: When using FPV goggles for cinematic shots, you must have a visual observer maintaining unaided visual contact with the drone while you fly using the camera view. The VO can alert you to hazards you can't see through the camera.

Practical VLOS Distances

While Part 107 doesn't specify an exact distance limit, practical VLOS typically ranges from 0.5 to 3 miles depending on:

• Aircraft size and color
• Weather conditions and visibility
• Sun position and glare
• Pilot vision quality
• Background contrast

Time of Day Restrictions (14 CFR § 107.29)

Part 107 strictly regulates when you can fly based on time of day.

Daylight and Civil Twilight Operations

Under § 107.29, you may operate your small unmanned aircraft:

• During daylight hours - from official sunrise to official sunset (local time)
• During civil twilight - 30 minutes before sunrise and 30 minutes after sunset (local time)

Important: These times are based on local time, not UTC. You must check the official sunrise and sunset times for your specific location on the day of operation.

Night Operations (After January 2021 Amendment)

As of January 15, 2021, the FAA amended Part 107 to allow night operations without a waiver. To fly at night (after civil twilight), you must:

1. Complete updated remote pilot training that includes night operations content
2. Equip your drone with anti-collision lighting visible for at least 3 statute miles
3. The lighting must have a flash rate sufficient to avoid collision

Speed Limitations (14 CFR § 107.51(a))

The maximum groundspeed for small unmanned aircraft operations is 87 knots (100 miles per hour).

This is a straightforward rule, but note that this is groundspeed, not airspeed. If you have a 20-knot tailwind and your drone is flying at 80 knots airspeed, your groundspeed could be 100 knots - right at the legal limit.

Exam Tip: You may see questions asking you to convert between knots and miles per hour. Remember: 87 knots = 100 mph.

Operations from Moving Vehicles (14 CFR § 107.25)

Operating a drone from a moving vehicle or aircraft is generally prohibited with specific exceptions.

When It's Allowed

You may operate from a moving vehicle or aircraft ONLY if the operation is over a sparsely populated area.

Sparsely populated area is not precisely defined in Part 107, but generally means:

• Rural farmland
• Remote desert areas
• Wilderness areas
• Areas with very few buildings or people

Common Applications:

• Agricultural surveys from ATVs over farmland
• Pipeline inspection from vehicles on remote service roads
• Wildlife monitoring from boats over water

Operations Over People (14 CFR § 107.39)

The April 2021 amendment significantly changed the rules for flying over people, introducing a category-based system.

The Four Categories

Key Definitions

• Sustained flight over people: Hovering over them or continuing to fly back and forth over them
• Open-air assembly: A gathering of people in an open area that is not under cover (concerts, sporting events, etc.)
• Closed or restricted site: A site with controlled access where all people present are on notice that UAS may fly overhead

Flying Over People Without Category Certification

If your drone doesn't meet any category requirements, you may still fly if:

• The people are directly participating in the operation (your crew members), OR
• The people are under a covered structure (building roof, not a thin covering), OR
• The people are inside a stationary covered vehicle

Multiple Aircraft Operations (14 CFR § 107.35)

Under § 107.35, no person may act as a remote pilot in command or visual observer for more than one unmanned aircraft operation at a time.

This means:

• One pilot = one drone at a time
• You cannot be PIC of two drones simultaneously
• You cannot be a visual observer for one operation while being PIC for another

Exception: With a waiver under § 107.35, you may operate multiple drones simultaneously. This is commonly granted for drone light shows where one pilot operates multiple aircraft in a pre-programmed coordinated flight.

Right-of-Way Rules (14 CFR § 107.37)

The right-of-way rules under § 107.37 are simple but critical:

Aircraft in Distress

An aircraft in distress has the right-of-way over all other aircraft.

Yielding to Manned Aircraft

Small unmanned aircraft must yield the right-of-way to all aircraft, airborne vehicles, and launch and reentry vehicles.

This includes:

• Airplanes
• Helicopters
• Gliders
• Hot air balloons
• Other drones (operating under different rules)

Your Responsibility: When you see a manned aircraft approaching, you must take immediate action to avoid it. Do not assume they see you or will avoid you - drones are very difficult for manned aircraft to spot.

Carriage of Hazardous Materials (14 CFR § 107.36)

You may not operate a small unmanned aircraft carrying hazardous material as defined in 49 CFR 171 through 180.

Important Note: Spare lithium batteries NOT installed in the aircraft are considered hazardous materials. This means:

• ✓ Flying with batteries installed in your drone = legal
• ✗ Flying spare batteries as cargo to another location = illegal without proper authorization

This rule is not waivable under § 107.205.

Careless or Reckless Operations (14 CFR § 107.23)

No person may operate a small unmanned aircraft in a careless or reckless manner so as to endanger the life or property of another.

Examples of careless/reckless operations:

• Flying aggressively near people or manned aircraft
• Operating when you're impaired by drugs or alcohol
• Flying in a way that shows disregard for safety
• Operating with known equipment malfunctions

This is a catch-all regulation. Even if you technically comply with all other rules, if your operation endangers others, you're in violation.

This rule is not waivable.

The Part 107 Waiver Process

When you need to operate outside the standard Part 107 limitations, you can apply for a waiver under 14 CFR § 107.200.

What Can Be Waived? (14 CFR § 107.205)

The following regulations are waivable if you can demonstrate your operation can be conducted safely:

Most Common Waivers

1. Beyond Visual Line of Sight (BVLOS) - § 107.31

This is the most sought-after waiver. Common use cases:

• Long-distance infrastructure inspection (pipelines, powerlines)
• Agricultural monitoring of large farms
• Search and rescue operations
• Large-area mapping and surveying

Safety mitigations typically required:

• Multiple visual observers positioned along flight path
• Advanced detect and avoid technology
• Dedicated visual observer scan for manned aircraft
• Coordination with local air traffic control
• Emergency lost link procedures

2. Operations from Moving Vehicles - § 107.25

Commonly granted for:

• Agricultural spraying following tractor
• Pipeline inspection from moving trucks on service roads
• Wildlife monitoring from boats

3. Night Operations Without Anti-Collision Lighting - § 107.29

Primarily for drone light shows where traditional strobes interfere with choreography. Granted when:

• Operations in controlled environment (e.g., event venue)
• Extensive pre-flight planning and rehearsals
• Multiple spotters scanning for aircraft
• NOTAM issued to warn manned aircraft

4. Multiple Aircraft Operations - § 107.35

Most commonly for synchronized drone shows. Requirements:

• Pre-programmed flight paths
• Collision avoidance between drones
• Single kill switch to land all drones
• Extensive testing and rehearsals

How to Apply for a Waiver

Step 1: Create an Account

Log in to FAADroneZone at faadronezone.faa.gov and add the "Drone Owners and Pilots" service.

Step 2: Start Your Application

• Click "Create Part 107 Waiver/Authorization"
• Select "Operational Waiver"
• Choose which regulation(s) you need waived

Step 3: Provide Operational Details

You must provide comprehensive information including:

• Location: Specific geographic area(s) with coordinates or maps
• Aircraft description: Make, model, weight, capabilities
• Operation description: What you'll be doing and why the waiver is needed
• Duration: How long you need the waiver (up to 4 years)
• Environmental description: Rural, suburban, urban? Near airports?

Step 4: Safety Explanation (Most Critical Part)

This is where most applications succeed or fail. You must:

1. Identify hazards: What risks does your operation create?
2. Propose mitigations: How will you reduce each identified risk?
3. Demonstrate equivalent safety: Prove your operation is as safe as compliance would be
4. Address personnel: Who will conduct the operation and their qualifications
5. Explain equipment: What technology will ensure safety
6. Emergency procedures: What happens if something goes wrong

Waiver Approval Timeline

• Submission: Day 0
• Initial review: 14-30 days (may request additional information)
• Technical review: 30-60 days (may coordinate with ATC facilities)
• Final determination: Target 90 days, but can extend to 120+ days for complex operations

Tip: Submit your application at least 90 days before you need it. Consider submitting 120-150 days early for complex BVLOS or operations near airports.

What If Your Waiver is Denied?

If denied, the FAA will explain why. Common reasons:

• Insufficient risk mitigation
• Inadequate safety case
• Operation would interfere with air traffic
• Missing information or vague descriptions

You can:

• Revise and resubmit with additional mitigations
• Request clarification on denial reasons
• Modify your operation to address FAA concerns

Airspace Authorization vs. Waivers

It's critical to understand the difference:

Key Point: If you need BOTH (e.g., BVLOS waiver in controlled airspace), you must obtain both the waiver AND airspace authorization. One does not substitute for the other.

Exam Preparation: What You Need to Know

For the Part 107 exam, you must be able to:

1. Recite operational limits: 400 ft AGL, 87 knots, 3SM visibility, VLOS, daylight + twilight
2. Calculate structure exception: Can you fly 600 ft AGL near a 300 ft tower?
3. Identify legal operations: Given a scenario, is it legal or does it need a waiver?
4. Know waivable sections: Can § 107.25 be waived? Yes. Can § 107.36 be waived? No.
5. Understand VLOS requirements: What devices are allowed/prohibited?
6. Apply right-of-way rules: Who yields to whom?
7. Know operations over people categories: What's the weight limit for Category 1?

Practice Scenarios

Scenario 1: You need to inspect a 600-foot communications tower. Can you legally fly at 950 feet AGL if you stay within 300 feet horizontally of the tower?

Answer: Yes. The structure exception allows you to fly up to 400 feet above the tower's top (600 + 400 = 1,000 feet AGL) as long as you remain within 400 feet horizontally. At 300 feet horizontal distance, you're within the limit.

Scenario 2: You're conducting a commercial real estate shoot at 6:45 PM. Sunset is at 7:00 PM. Is this legal?

Answer: Yes. You can fly until 7:30 PM (30 minutes after sunset) during civil twilight. However, if flying after 7:00 PM, you must have anti-collision lighting visible for 3 statute miles.

Scenario 3: A helicopter appears 1 mile away and seems to be heading toward your operating area. What should you do?

Answer: Immediately take action to avoid the helicopter. Under § 107.37, your drone must yield right-of-way to all manned aircraft. Land if necessary, or maneuver well clear of the helicopter's path.

Summary: Quick Reference Table

*Cannot be waived for transport of property for hire

Additional Resources

• 14 CFR Part 107 - Complete regulation text
• FAA Waiver Safety Explanation Guidelines - Available at faa.gov/uas
• Granted Waivers Database - Review approved waivers for similar operations
• FAADroneZone - faadronezone.faa.gov for waiver applications
• Advisory Circular 107-2A - Small Unmanned Aircraft Systems operational guidance

Conclusion

Understanding Part 107 operational limitations is fundamental to passing your exam and conducting legal commercial drone operations. Master the altitude, speed, VLOS, and time-of-day requirements. Know which rules can be waived and understand the waiver process for operations that require flexibility beyond standard limitations.

Remember that these rules exist for safety - they protect both you and other users of the National Airspace System. While waivers provide operational flexibility, they require demonstrating equivalent safety through robust mitigation measures.

For the exam, focus on memorizing the specific numbers (400 feet, 87 knots, 3 miles, etc.) and understanding how to apply these rules to practical scenarios. With this knowledge, you'll be well-prepared for exam questions on operational limitations.