Flying a Drone at Night Without a Waiver With a Part 107 License

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You book a real estate gig, but the client wants twilight shots by tomorrow. A few years ago, that meant weeks of FAA waiver paperwork. Today, flying a drone at night is legal under Part 107 with two conditions.

Since April 2021, 14 CFR §107.29 has allowed night operations without a waiver. You need updated training and anti-collision lights on the aircraft.

This guide breaks down the drone night flying rules, the gear you need, and how to stay safe after dark.

Key Takeaways

• Part 107 pilots can fly at night without a waiver, but need updated training and 3-SM visible lights.
• “Night” starts at the end of civil twilight, not sunset. Lights are required during twilight too.
• Built-in LEDs rarely meet the 3-mile standard. You’ll almost certainly need an aftermarket strobe.
• Plan ahead: scout in daylight, shorten your range, and protect your dark adaptation.

Take the “Do You Need a Waiver” Quiz

How the FAA Defines “Night” for Drone Pilots

The FAA does not use the word “night” the way that most people do. Under Part 107, night is the period between the end of evening civil twilight and the start of morning civil twilight.

Civil twilight ends when the sun’s center drops 6 degrees below the horizon. It begins in the morning when it reaches that same point on the way up.

This replaced the old “30 minutes after sunset” framework. The practical difference is small, but the terminology shows up on the Part 107 knowledge test.

You can look up exact civil twilight times through the U.S. Naval Observatory or any aviation weather app.

Anti-collision lighting is required during civil twilight and at night. Even if the sky still looks bright at dusk, the rule kicks in at civil twilight.

Part 107 Night Flying Requirements

The amended §107.29 sets two conditions, and if you miss either one, the flight is not authorized.

Updated Training or Knowledge Test

The remote pilot in command must have completed training or a knowledge test under §107.65 after April 6, 2021.

Certified after that date? Night content was already on your exam. 

Certified before? You need the FAA’s free recurrent training at FAASafety.gov.

The training covers night physiology, visual illusions, and lighting standards. It takes about an hour.

Pilot Institute’s Part 107 Made Easy course includes a full night operations module to supplement the FAA’s training.

Anti-Collision Lighting

The drone must carry anti-collision lights visible for at least 3 statute miles. The lights must flash at a rate sufficient to avoid a collision.

You can reduce the intensity if conditions call for it. You can never turn the lights off entirely during the flight.

The FAA has not mandated a specific color. White, red, and green all work. White strobes tend to perform best against a dark sky.

Most compliant strobes flash between 40 and 100 times per minute. That range is consistent with standards in AC 150/5345-43 for obstruction lighting.

Choosing Drone Anti-Collision Lights

The LEDs built into most consumer drones are navigation lights. They help you see the drone’s orientation at short range. They are not bright enough for a manned aircraft pilot to spot from 3 miles away.

An aftermarket strobe is almost always required. When shopping, look for a documented 3+ mile visibility rating and a true flash mode, not steady-on.

Make sure the mount does not block sensors, cameras, or the GPS antenna.

Weight matters too. A heavy strobe on a small drone shifts the center of gravity and cuts flight time.

The top of the aircraft is the best mounting spot. It faces manned traffic above and gives the widest visibility angle.

Some pilots add colored position lights (red port, green starboard) for orientation. These help, but they do not replace the anti-collision strobe.

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How Night Vision Affects Your Flight

The FAA tests night physiology on the Part 107 exam for good reason. Your eyes work differently after dark, and that changes how you fly.

In daylight, your cones handle sharp detail and color. 

At night, your rods take over. They are more sensitive to light, but they produce no color and resolve far less detail.

The transition period (twilight, full moonlight) is called mesopic vision. The FAA’s Airplane Flying Handbook calls it the most dangerous phase for pilots.

Dark adaptation takes 30 to 45 minutes. A bright phone screen or car headlights can reset the process instantly.

That is why §107.29 lets you reduce strobe intensity. A powerful strobe at low altitude can wreck the remote pilot’s night vision.

To track your drone, use off-center viewing. Look 5 to 10 degrees to the side of the aircraft. This puts the image on the rods in your peripheral retina, which are more sensitive in the dark.

Night Operations Safety Tips

Flying a drone at night is legal, but it takes more preparation. Obstacles that are obvious in daylight become invisible after dark.

• Scout in daylight. Walk the flight zone before sunset. Note obstacles, terrain, and unlit structures.
• Shorten your range. You will lose sight of the drone sooner at night. Keep it closer than you would during the day.
• Bring a visual observer. Not required by regulation, but a second set of eyes helps. Make it standard practice for complex flights.
• Check visibility. The 3-statute-mile minimum under §107.51 still applies. Fog and haze can cut visibility fast after sunset.
• Dim your screen. A bright controller display destroys dark adaptation. Lower it as far as you can while reading telemetry.
• Set return-to-home altitude. Set RTH above all known obstacles. If you lose orientation, RTH gives you a predictable recovery.

For more guidance, Pilot Institute offers a free Part 107 Night Training Course with video lessons and a quiz.

Our tips for flying drones at night article covers additional techniques for safe after-dark operations.

Flying a Drone at Night Without a Waiver (and When You Still Need One)

Standard night flying no longer requires a waiver. The two conditions above (training and lights) are all you need in uncontrolled airspace.

In controlled airspace (Class B, C, D, or surface-area Class E), you still need prior authorization. The FAA announced in 2021 that LAANC can now process night authorizations in near-real time.

Some LAANC grids have lower altitude ceilings at night. Verify the ceiling before you launch. If LAANC is unavailable, request access through FAA DroneZone.

A §107.29 waiver is still required for one scenario: flying at night with anti-collision lights turned off. Drone light shows are the most common example.

Pilot Institute’s Part 107 Waivers Made Easy course covers the full application process. Our waivers breakdown article shows approval stats by section.

Recreational Drone Night Flying Rules

Recreational flyers operating under 49 USC §44809 can also fly at night. The statute does not have the same training requirement as Part 107.

Recreational pilots must follow the safety guidelines of an FAA-recognized Community-Based Organization (CBO). Most CBOs require anti-collision lights visible for 3 statute miles.

If you fly recreationally and plan to do any paid work with your drone, you need a Part 107 certificate. Even monetized YouTube footage counts.

Our guide to getting a drone license walks through who needs one and how to get started.

Frequently Asked Questions

“Do you need a waiver to fly a drone at night?”

No. Since April 2021, Part 107 pilots can fly at night without a waiver. You need updated training and anti-collision lights visible for 3 statute miles.

The only exception: flying at night with the lights turned off still requires a §107.29 waiver.

“What lights do I need on a drone at night?”

Flashing anti-collision lights visible for at least 3 statute miles. Most built-in drone LEDs are not bright enough. An aftermarket strobe is the safest way to comply.

“Can I fly at night in controlled airspace?”

Yes, with prior authorization. LAANC providers issue night authorizations in near-real time. Check the altitude ceiling for your grid, since it may differ at night.

“Is a visual observer required for night flights?”

No. Part 107 does not require a VO at night. The visual line of sight rule applies to the remote pilot in command.

That said, a VO at night is a strong safety practice worth adopting.

Conclusion

Flying a drone at night no longer means waiver paperwork and weeks of waiting. Updated training and a compliant strobe are all the FAA requires.

Plan the flight, check the gear, and the entire after-dark market is yours.