Under FAA Part 107 Subpart B, drone pilots must follow specific operational rules. However, situations may arise when pilots need to operate outside those parameters—such as flying over people, operating at night, or conducting other restricted activities. In those cases, pilots will need an FAA waiver. For private pilots, those working toward an instrument rating, and certified flight instructors, understanding the waiver process is vital for safe and compliant airplane operations involving unmanned systems.
What Counts as “Over People” and “Sustained Flight”
The FAA defines “over people” as any instance when a pilot’s drone passes directly over any part of a person, including their head, shoulders, extended arms, or legs. “Sustained flight” includes hovering, circling, or repeatedly passing over a person or group. If a pilot’s operation involves flying over an open-air assembly or conducting sustained flight over people, they’ll need an approved waiver before flying.
How to Apply for an FAA Waiver
The process begins at the FAA DroneZone website. After creating or logging into an account, select the waiver service under “Drone Owner/Operator” and complete the required forms. Provide detailed information about the intended operation—more details increase the chances of approval. The FAA recommends submitting a request at least 90 days in advance, especially for time-sensitive operations. The FAA’s website also offers webinars, examples, and tools to help prepare a complete application.
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