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If you’re a new drone pilot, or unfamiliar with the ways in which the FAA regulates the flying of UAV’s (Unmanned Aerial Vehicle or Drones) — then you might not know the answer to “Can you fly a drone at night?”.

In this article, we’ll answer this burning question for both hobbyists and commercial drone operators so you can make an educated decision for yourself whether or not you can fly your drone at night.

Can You Fly A Drone At Night?

The long and short of it is, it depends. Unfortunately for the average Joe or recreational flyers, buying a drone at their local big-box retailer and taking it home and flying that evening is a big NO. The same even goes for the commercial operator already in possession of their Part 107 Certification and a registered aircraft with the FAA.

The Code of Federal Regulations (CFR Part 107) governing drone operations in the United States explicitly limits drone operations during daylight hours and during what is called civil twilight, which is defined as the 30 minutes before official sunrise and 30 minutes after official sunset. Outside those hours on any given day, it is illegal to fly a small unmanned aircraft for commercial purposes.

That is unless of course, you’re Part 107 Certified and possess a 107.29 Daylight Operations Waiver. This operational waiver allowing you to fly at night can be applied for and obtained via the FAA’s Drone Zone Portal, but is subject to their determination of the PIC (Pilot In Command) and/or Responsible Person’s ability to successfully recognize and mitigate the risks associated with aircraft operating at night.

Obtaining A 107.29 Daylight Operations Waiver?

Assuming you already created an FAA Drone Zone Account when you registered your drone, you’ll need to login to your dashboard and scroll down to the Part 107 Waivers & Authorizations Section. Here is where you can submit, view, and manage all of your operational waivers and airspace authorizations.

When submitting your night waiver application, there are two primary sections that will require a thorough explanation if you’d like your application to be approved. We’ll highlight these sections below and what you’ll need to consider in order to fly safely operate a small UAS in the dark.

Part 1: Operational Details Section

This fist section essentially covers the what and the where. The FAA has outlined the following five questions that you’ll need to provide acceptable answers for.

1. Where do you plan to operate? — Consider providing latitude/longitude and a detailed map of your planned flight area. You should be as specific as necessary and state the classes of airspace you plan to operate in. Example: The proposed area of operation will be Class G (Golf) and non-E2 (Echo) Airspace only.

2. How high will you fly your aircraft (maximum altitude above ground level)? — This one is pretty simple. You can never fly a drone higher than 400’ AGL or 400’ above the highest point of any structure. You can simply state something along the lines of: “All flights will remain below 400’ AGL at all times”.

3. Do you want to fly in controlled airspace (Class B, C, D, surface E)? — This is a no-no. Controlled airspace surrounding airports varies and would require an additional airspace authorization called a 107.41 Wide Area Authorization. You’ll need to state that you won’t be flying in these areas without first adding this waiver to a future 107.41 airspace authorization.

4. Are there any other kinds of airspace within 5 miles of any planned flight area? — This question is a little tricky; how can you know what will be within 5 miles of a flight area that is unknown right now? The best way to go about this is to specify that you’ll in some way be in contact with ATC (air traffic control) if additional safety mitigation is required.

5. What kind of area(s) will you fly over? — Again this is a difficult question to answer with any degree of certainty. If you’ve stated you’ll only be flying in Class G Airspace, then explain that Golf Airspace can encompass all types of areas and terrain and as such your safety mitigation will be area-specific (i.e. Visual Observers, Maps, Lights, etc.).

Part 2: Operational Risks & Mitigations

In this next section, the FAA is looking to see if you understand the risks involved with night flying and how you plan to minimize their impact on your operation. Successfully answering the following five questions will illustrate your ability to navigate the inherent risks of operating drones at night, and will be vital in the FAA determining your ability to operate safely and approve your application.

1. Describe how the Remote Pilot in Command (RPIC) will maintain visual line of sight (VLOS) during darkness.

   • Here you’ll want to talk about how altitude and attitude will be maintained using OEM Beacons (red front, green back) and controller telemetry (on display). OEM beacons show attitude, green moving away, red towards, red/green will determine the direction of parallel travel. Additionally, 3SM anti-collision lights will provide additional visibility for the flight crew and PIC. Perhaps most importantly, you’ll want to mention that at least 1 VO will be utilized for all night flights and additional VOs will be added for congested areas and areas with multiple obstructions.

   • Explain how the PIC & VOs will verbally and physically communicate the loss of LOS (line of sight) and how confirmations will be mandated.

2. Describe how the RPIC will see and avoid other aircraft, people on the ground, and ground-based structures and obstacles during darkness.

   • Employ daylight preflight scouting of your flight areas and pre-mapping of obstacles, showing approximate heights, safe route back, and an emergency ditch area. Make sure your VOs continually scan the ground area of flight, and sky for aircraft, people, and vehicles. You may also want to utilize an AirNav radio tuned to the local helicopter traffic frequency for improved situational awareness.

   • State the procedure to announce and confirm any possible intrusion that will alert the PIC to immediately put the UA in hover. If the PIC can't determine the manned aircraft is not a threat, the UAS will immediately begin RTH using the predetermined safe route, and if necessary PIC will terminate flight using motor kill switch if determined aircraft is an immediate threat. A similar process will be used if an unauthorized person or vehicle enters the flight area. With ground instructions, VOs may approach subjects to escort out of the area as long as it doesn't affect flight safety.

   • Use additional lighting to illuminate obstacles if the flight path takes the UAS close to obstacles.

3. Describe how the RPIC will be able to continuously know and determine the position, altitude, attitude, and movement of the sUA or drone.

   • PIC will maintain the attitude of UAS by using directional strobes and flight controller telemetry (red front/green back).

   • Telemetry can be used to determine 1) geographic location, 2) altitude above the ground, 3) attitude: (orientation, deck angle, pitch, and bank), and 4) direction of flight. PIC will position monitor as to be able to keep an eye on both UAS and monitor in order to be able to quickly switch from UAS monitor.

4. What procedures will be followed to ensure all the required persons participating in the operation have the knowledge to recognize and overcome visual illusions caused by darkness and understand physiological conditions which may degrade night vision?

   • Make sure all participants review PHAK Chapter 17 (pp22–27) on Nigh-time Illusions, and tested on all aspects of illusions and procedures.

   • Responsible Person (RP) will maintain a list of flight crews and test scores, and ensure flight crew has passed the test (with 100%) within the last 4 months or before the start of the mission. RP will maintain a complete list of all UAS used for and 107.29 mission, along with a list of all 107 pilots using the waiver. RP will keep a maintenance list for all UAS available for missions under this waiver.

5. Describe how the visual conspicuity of the sUA or drone will be increased to be seen at a distance of at least 3 statute miles (mi).

   • The UAS must be equipped with anti-collision strobes located on the top of UAS that are visible for at least 3SM. The UAS may also have 3SM strobes on the bottom if the flight is higher than 200' or near an area where the UAS may be seen from below by other aircraft. Ensure all lights are fully charged and securely attached to UAS for safety and double-checked at preflight and all battery changes.

As you can see, operating a drone at night posses exponentially more threats than during daylight hours, and as such requires additional safety measures to be put in place. These safety measures take time to implement properly and unfortunately with them come an additional cost. That additional cost, however, is less than the liability should something go wrong.

These aren’t just questions the FAA wants answers to. They’re processes and procedures you need to understand and adhere to in order to be approved to safely fly a drone at night.

ProAerial Media provides aerial drone services for all of the industries listed above as well as for special events like weddings. Subscribe to our YouTube Channel to see our video work, and our Instagram feed to view our photography (@proaerialmedia). If you’re ready to fly, you can always book a flight from the ProAerial Media Website.

Thanks for reading. Take Flight. Take Pics. Get Clicks.