Flying A Drone At Night: 2021 New FAA Rule Overview

So you want to know if you can [legally] fly your drone at night. In the past, without the proper operational waiver (read our article on obtaining a 107.29 waiver here) and risk mitigation strategies the answer was—no. But things have changed as of April 21, 2021 when the FAA’s new drone operation rules went into effect.


There are multiple rules changes that became effective that day, and we prepared a summary of the most significant changes that you can read here: 2021 New FAA Drone Regulations: Summary and Overview.


In this article, we’ll be focusing on the revised rules for operating a UAV at night, and point out some additional safety considerations and risk mitigation strategies for doing so.

Q: Can you fly a drone at night?

A: Yes, both commercial and recreational pilots may operate UAVs at night, though the rules are different for each.

Flying over the “Big Bovine of the Desert” during Civil Twilight.

Flying over the “Big Bovine of the Desert” during Civil Twilight.

HOW TO LEGALLY FLY DRONES AT NIGHT

Required Training & Testing

In order to take advantage of this new rule change and fly post and pre-civil twilight, all operators must comply with the FAA’s training and testing requirements.


Current Part 107 Certificate holders must complete the new recurrent training and exam via the FAAST website. Pilots without a current Part 107 Certificate are required to complete their initial aeronautical knowledge exam at an FAA-designated Airman Testing Facility first, and then to complete the new night flying training modules from the renewal exam.


Note: the above process is temporary until the FAA updates the primary certification exam to include subject matter related to night operations. Additionally, the real benefit here is for established pilots as the FAA did away with the recurring testing requirement and replaced it with a recurring training requirement.

Anit-Collision Lighting

All night operations will require the aircraft to be equipped with functioning anti-collision lighting visible for at least 3 statute miles. Additionally, the light must have a flash rate sufficient enough to provide collision avoidance and be mounted on the top side of the aircraft so as to be seen from above when in flight. We recommend the Stobe Anti-Collision Drone Light from Lumecube, which you should be able to find for about $40.

Drone Anti-collision Strobe attached to a DJI Mavic Air 2.

Drone Anti-collision Strobe attached to a DJI Mavic Air 2.

Airspace Considerations

Even though it is legal to operate a small unmanned aircraft at night, a Remote Pilot In Command (RPIC) is still required to obtain airspace authorization in controlled airspace.


At the time this article was written, LAANC (Low Altitude Authorization and Notification Capability) only allows for daytime authorizations. This system is expected to be updated to include night operations in the fall of 2021, until then pilots will be required to obtain two separate authorizations to conduct their operation.

  1. A Daytime Authorization for the desired airspace

  2. A National Authorization, which extends a daytime LAANC authorization to allow nighttime operations for the same date indicated on the daytime LAANC authorization.

Note: If the operation requires you to fly above the ceiling designated in the UAS Facility Maps, you must use the FAA DroneZone for your authorization request.

ADDITIONAL CONSIDERATIONS

Below is a quick checklist of some additional things to consider when operating at night.

  1. Plan ahead; survey your flight area during daylight hours for a better understanding of obstacles and potential interference.

  2. Limit your operating area; limit your ceiling and area footprint to only what is necessary and safe.

  3. Always use at least one VO (visual observer) to assist in maintaining VLOS (visual line of sight).

  4. Bring additional lighting (flashlight, etc.).

  5. Be aware of the limitations of yourself and your equipment (ND filter off, lights charged, eyesight adjusted, etc.).


Adhering to these new rules will allow remote pilots to provide an additional level of service to their clients by being able to provide low-light/night photography and videography services at a much more economical cost point, by alleviating many of the requirements necessary to fly under the previous 107.29 Waiver. Contact us today for a free quote or to learn more about capturing photographs of your home or Airbnb or VRBO property today.

ProAerial Media provides aerial drone services for a wide array of industries as well as 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.

Scheduling & Cancellation Policy

All booking requests are subject to the following; 1. Federal Airspace Restrictions, 2. Scheduling Availability, and 3. Weather. ProAerial Media LLC will make every attempt to accommodate your preferred flight date/window, but, in the unlikely event we can’t—there’s no need worry. We’ll let you know right away (usually within 48hrs), if either airspace waivers or our teams schedule conflicts with your requested dates and/or flight location. If so, we’ll work to promptly reschedule or issue a full refund, whichever you prefer.

Should weather present a cause for concern, our team will alert you in the days leading up to your scheduled flight as part of our pre-flight communications. Weather-related flight cancelations receive priority rebooking, and are not eligible for refunds. The on-site Pilot in Command is the final authority on all flight matters, and has the final say regarding day-of weather related delays and cancellations.