By | March 18, 2021

Interested in obtaining a Part 107 night waiver to fly your drone at night?

107.205 says, 107.29(a)(2) and (b) can be waived which is important for some regulations. This article will dive into what operations may still need a night waiver and what is legally required to fly at night. To start off, this article is focusing on operations under Part 107, not model aircraft operating under model aircraft exception law.

Why would you want to fly your drone at night?

  • Drone light shows. 107.29 requires flashing lights. To do a drone lightshow, you would need to turn off all of the lights.
  • Law Enforcement.  Do you want the bad guys knowing where the drone is?
  • Your Aircraft Doesn’t Have and Can’t Carry a Anti-Collision Light Visible for 3 Statute Miles.  Maybe you want to fly a really small drone commercially (Part 107 requires even sub 250gram drones to be registered FYI) and you need to fly it at night.  Another scenario is you want to fly an aircraft over people and your aircraft doesn’t have lights visible for 3 SM and you are unsure about adding an aftermarket one fearing it could cause issues because of falling off (like during parachute deployment) or during impact.
  • You have a non-safety reason for turning down the flashing lights. You are doing wildlife monitoring and the light might scare away the animals you are studying.

Frequently Asked Questions:

How long does a night waiver last?

4 years.

What airspace can I fly in under a night waiver?

The waiver is good for all of Class G airspace. You can obtain authorizations to operate at night in Class B, C, D, or E @ the surface. The night waivers typically say, “Operations under this Waiver are to be conducted in Class G airspace only unless specific airspace authorization or Waiver is received from the FAA in accordance with § 107.41[.]” You can apply for the night waiver and an airspace authorization at the same time OR you can do a night waiver now and then later do an airspace authorizations when needed.

Can my company/agency/ police department obtain the night waiver?

Yes, the organization can obtain one night waiver and all the employees fly under it. You don’t need to get a waiver for each employee.

Can I hire you for a night waiver?

Yes. Contact me.

Why are you qualified to handle my night waiver?

-I’ve been in it from the beginning. One of my night waivers was in the very first batch of FAA 107 waivers approved on August 29, 2016.

-Experience. I have 120+ night waiver approvals.

-Time Savings. Let me handle the paperwork as opposed to you figuring things out.

– Qualified. I’m a licensed attorney and FAA certificated flight instructor which means I am extremely qualified to answer your aviation law questions.

-Insurance. I have malpractice insurance which protects you in case I mess up.

-Confidentiality. Our communications are protected by the attorney-client privilege. Additionally, the Florida Bar rules require me to maintain our communications confidential. “Consultants” do not have this requirement and any communication with a consultant is not privileged meaning the FAA or law enforcement can compel the consultant to testify against you.

-Secure. The Florida Bar did a very intensive background check on me. I’m currently in good standing with the Florida Bar and have no disciplinary record. How safe is your information with other people?