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Part 107 night and over people waiver

JohnnyD913

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I know this has been covered a thousand times but please someone tell me how to take the fly over people/ night waiver.
I am a part 107 pilot.
 
I know this has been covered a thousand times but please someone tell me how to take the fly over people/ night waiver.
I am a part 107 pilot.
I'd also like to know how the waiver process works.

I assume that's spelled out in the regs somewhere?

Thx,

TCS
 
Part 107 pilots wanting to fly at night now have a much more accessible method to qualify, with no waiver needed.

Head on over to the FAA’s recurrency page to find the link for your circumstances (most of us want the “non Part-61 ALC677” version.)

Recurrent Training Courses for Drone Pilots Available Online

There you can take the recurrent training and exam for free, without the stress of your initial test as the system cycles you through the training until you get a 100% score. Print the certificate!

Since the April 21 update, pilots passing the initial 107 or the recurrency exams may fly at night without waivers under certain conditions (training/exam, lighting).

This is a very cool update! The recurrency training exam starts a new 24-month clock, regardless of when you passed your initial exam.
 
It all depends on EXACTLY what you want to do.... If you fly under part 107 rules then no waivers are required, but any deviation from part 107 rules will require a waiver.

It's all explained by the FAA here: Part 107 Waiver

Flying over people changed April 21, 2021, and you can find the info here: Operations Over People General Overview

In a nutshell from the above link:

The ability to fly over people varies depending on the level of risk that a small UAS operation presents to people on the ground. Operations over people are permitted subject to the following requirements:

  • Category 1 small unmanned aircraft are permitted to operate over people, provided the small unmanned aircraft:
    • Weigh 0.55 pounds or less, including everything that is on board or otherwise attached to the aircraft at the time of takeoff and throughout the duration of each operation.
    • Contain no exposed rotating parts that would cause lacerations.
In addition, for Category 1 operations, no remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies unless the operation is compliant with Remote ID.

  • Category 2 and Category 3 provide performance-based eligibility and operating requirements when conducting operations over people using unmanned aircraft that weigh more than .55 pounds but do not have an airworthiness certificate under part 21.
  • In addition, for Category 2 operations, no remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies unless the operation is compliant with Remote ID.
  • Category 3 small UAS have further operating restrictions. A remote pilot in command may not operate a small unmanned aircraft over open-air assemblies of human beings. Additionally, a remote pilot in command may only operate a small unmanned aircraft over people if:
    • The operation is within or over a closed- or restricted-access site and all people on site are on notice that a small UAS may fly over them; or
    • The small unmanned aircraft does not maintain sustained flight over any person unless that person is participating directly in the operation or located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft.
  • Category 4 operations is an addition from the NPRM. This category allows small unmanned aircraft issued an airworthiness certificate under part 21 to operate over people, so long as the operating limitations specified in the approved Flight Manual or as otherwise specified by the Administrator, do not prohibit operations over people. Additionally, no remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies unless the operation is compliant with Remote ID. To preserve the continued airworthiness of the small unmanned aircraft and continue to meet a level of reliability that the FAA finds acceptable for operating over people in accordance with Category 4, additional requirements apply.
Note: Sustained flight over an open-air assembly includes hovering above the heads of persons gathered in an open-air assembly, flying back and forth over an open-air assembly, or circling above the assembly in such a way that the small unmanned aircraft remains above some part the assembly. ‘Sustained flight’ over an open-air assembly of people in a Category 1, 2, or 4 operation does not include a brief, one-time transiting over a portion of the assembled gathering, where the transit is merely incidental to a point-to-point operation unrelated to the assembly.

Cheers!
 
Last edited:
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It all depends on EXACTLY what you want to do.... If you fly under part 107 rules then no waivers are required, but any deviation from part 107 rules will require a waiver.

It's all explained by the FAA here: Part 107 Waiver

Flying over people changed April 21, 2021, and you can find the info here: Operations Over People General Overview

In a nutshell from the above link:

The ability to fly over people varies depending on the level of risk that a small UAS operation presents to people on the ground. Operations over people are permitted subject to the following requirements:

  • Category 1 small unmanned aircraft are permitted to operate over people, provided the small unmanned aircraft:
    • Weigh 0.55 pounds or less, including everything that is on board or otherwise attached to the aircraft at the time of takeoff and throughout the duration of each operation.
    • Contain no exposed rotating parts that would cause lacerations.
In addition, for Category 1 operations, no remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies unless the operation is compliant with Remote ID.

  • Category 2 and Category 3 provide performance-based eligibility and operating requirements when conducting operations over people using unmanned aircraft that weigh more than .55 pounds but do not have an airworthiness certificate under part 21.
  • In addition, for Category 2 operations, no remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies unless the operation is compliant with Remote ID.
  • Category 3 small UAS have further operating restrictions. A remote pilot in command may not operate a small unmanned aircraft over open-air assemblies of human beings. Additionally, a remote pilot in command may only operate a small unmanned aircraft over people if:
    • The operation is within or over a closed- or restricted-access site and all people on site are on notice that a small UAS may fly over them; or
    • The small unmanned aircraft does not maintain sustained flight over any person unless that person is participating directly in the operation or located under a covered structure or inside a stationary vehicle that can provide reasonable protection from a falling small unmanned aircraft.
  • Category 4 operations is an addition from the NPRM. This category allows small unmanned aircraft issued an airworthiness certificate under part 21 to operate over people, so long as the operating limitations specified in the approved Flight Manual or as otherwise specified by the Administrator, do not prohibit operations over people. Additionally, no remote pilot in command may operate a small unmanned aircraft in sustained flight over open-air assemblies unless the operation is compliant with Remote ID. To preserve the continued airworthiness of the small unmanned aircraft and continue to meet a level of reliability that the FAA finds acceptable for operating over people in accordance with Category 4, additional requirements apply.
Note: Sustained flight over an open-air assembly includes hovering above the heads of persons gathered in an open-air assembly, flying back and forth over an open-air assembly, or circling above the assembly in such a way that the small unmanned aircraft remains above some part the assembly. ‘Sustained flight’ over an open-air assembly of people in a Category 1, 2, or 4 operation does not include a brief, one-time transiting over a portion of the assembled gathering, where the transit is merely incidental to a point-to-point operation unrelated to the assembly.

Cheers!
Kudos for the explanations. Solid and clear. BTW - took my recurrent online and got 100. I now carry both my hard card (to show authorities who are not FAA) and the printed recurrent cert to show FAA people). J
 
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The flights over people come with a lot of rules and circumstances. There are no Category 2, 3, or 4 drones in existence. The only drone that would qualify for category 1 would be a Mini with prop guards that still weighs less than 250g (something accomplished with the Japanese battery for the most part). Then there's the RID thing for anything other than a traverse over people. The only night restriction any longer (after taking the new training) is that hobbyists cannot fly in controlled airspace at night. That's only the purview of Part 107 pilots that have taken the training. I believe all of the actual "waivers" were "retired" a month or two back so they are no longer valid.
 
The flights over people come with a lot of rules and circumstances. There are no Category 2, 3, or 4 drones in existence. The only drone that would qualify for category 1 would be a Mini with prop guards that still weighs less than 250g (something accomplished with the Japanese battery for the most part). Then there's the RID thing for anything other than a traverse over people. The only night restriction any longer (after taking the new training) is that hobbyists cannot fly in controlled airspace at night. That's only the purview of Part 107 pilots that have taken the training. I believe all of the actual "waivers" were "retired" a month or two back so they are no longer valid.
Not quite true yet, the new rule that was established April 21, 2021 makes it easier to fly over people without a waiver but even with a FAAST certification only a drone like a mini 2 with prop guards is permitted. Drones that weigh more than 0.55 pounds, like a Mavic Air 2 may operate as Category 2 or 3. However, these categories require additional testing by the manufacturer and FAA-approval prior to flying over people. Category 4 drones are issued an airworthiness certificate by the FAA. Plus in most situations you would be required to have Remote ID operational which is not available yet. So.... were not quite there yet, but it's a step in the right direction, and we are getting there slowly as usual.

Cheers!
 
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So you guys are saying I cannot pass overhead of people with guards on my Air 2(S) and meet the rules without Remote ID being enacted first? I have the Mini 2 I could use. I dont need to pass over people often but want to make sure I know the rules. I dont own any guards at the moment, I just avoided places where people might be standing around. Now with the extra waivers we have more ability but I want to be clear on what that is.
 
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