Flying Drones at Night: FAA’s Rules and How to Fly Legally

Flying drones at night unlocks a new world of creativity and unique perspectives, especially for aerial photographers and videographers. The ambiance of illuminated cityscapes, glowing landscapes, and low-light skies can offer incredible opportunities for content creation. However, flying drones at night involves additional considerations, legal requirements, and safety precautions to ensure responsible and compliant flight. In this guide, we’ll cover the FAA’s regulations on flying drones at night, explain the requirements for safe and legal night operations, and provide insights on obtaining necessary waivers for commercial use.


Table of Contents

The Appeal of Flying Drones at Night

Operating a drone at night offers benefits for various sectors and users:

  1. Photographers and Videographers: Capturing urban lights or natural scenes under the stars brings a fresh perspective to aerial shots.
  2. Commercial Applications: Nighttime operations are essential for specific commercial applications, such as monitoring construction sites, emergency response, and security surveillance.
  3. Surveying and Inspections: Certain industries, like utility inspection and infrastructure surveying, use nighttime drone operations to avoid disturbing daytime activities and public spaces.

While appealing, night drone flights come with unique challenges, including reduced visibility, increased battery usage due to lighting, and higher chances of collisions with unseen obstacles. For these reasons, the FAA has established specific rules and requirements for legal and safe drone operation after dark.


FAA’s Rules for Flying Drones at Night

The Federal Aviation Administration (FAA) imposes additional restrictions on nighttime drone flights to ensure safety and prevent mishaps. In 2021, the FAA updated its rules to allow Part 107-certified operators to fly at night without requiring a waiver, provided they meet specific requirements.

1. Remote Pilot Certification (Part 107)

Under the FAA’s Part 107 rules, commercial drone pilots can legally operate at night if they hold a Part 107 Remote Pilot Certificate. Additionally, recreational drone operators must comply with the Recreational UAS Safety Test (TRUST), which applies to flights during the day and night.

2. Anti-Collision Lighting

Drones flying at night must be equipped with anti-collision lights visible from at least three statute miles away. These lights help other aircraft, pedestrians, and nearby drones identify the drone’s location and movement in the dark.

  • Color and Brightness: Anti-collision lights are typically red or white and are required to flash or blink continuously during flight.
  • Placement: While there is flexibility in light placement, the lights must be positioned where they will be visible from any angle.
  • Compliance Check: Testing lights in a variety of night conditions (urban, rural, and mixed) can help ensure visibility.

3. Night Operations Training

The FAA mandates night operations training for Part 107-certified pilots. In addition to the Part 107 knowledge test, remote pilots must complete an online training module focused specifically on night operations. This module covers essential topics like night vision, depth perception, and recognizing potential visual illusions that occur in low-light conditions.


Applying for an FAA Night Waiver for Certain Operations

In some situations, drone operators may still require an FAA waiver to fly at night, particularly if their planned operation doesn’t meet standard FAA requirements. Here’s how to go about applying for a waiver:

1. Identify the Need for a Waiver

While most Part 107 operations now allow for night flights with proper lighting and training, some activities—such as flying over people or operating multiple drones simultaneously—may still require an FAA waiver.

2. Prepare Your Waiver Application

To apply for a waiver, visit the FAA DroneZone portal. Your application should include:

  • Detailed Flight Plan: Clearly outline the location, times, and purpose of the night operation.
  • Safety Protocols: Describe all measures taken to ensure the safe operation of your drone at night, including lighting, altitude, and awareness of obstacles.
  • Risk Assessment: Conduct a thorough risk assessment for night flying, identifying potential hazards and how you plan to mitigate them.

3. Submit Your Waiver Request

Submitting a waiver request is straightforward on the FAA’s DroneZone website. The FAA reviews applications within 90 days, but during high-volume periods, it may take longer.


Practical Tips for Flying a Drone at Night

Night operations require additional caution and expertise to fly safely. Here are some practical tips to ensure a successful and safe nighttime flight:

1. Conduct a Pre-Flight Inspection

Before taking off, perform a thorough pre-flight inspection:

  • Battery Check: Low temperatures at night can drain batteries more quickly, so ensure they’re fully charged.
  • Lighting Test: Check that all lights (anti-collision and navigational) are working as expected and provide adequate visibility.
  • Controller Calibration: Ensure the controller’s signal is strong to avoid unexpected disconnections.

2. Use Visual Observers

Night flying increases the risk of losing visual contact with your drone. Having a visual observer can help you maintain awareness of your surroundings and avoid potential obstacles.

3. Rely on Your Instrument Display

Most drones provide instrument display data on the controller or mobile app, which can help you track altitude, speed, and direction even when visibility is limited. Using these tools in addition to your line of sight enhances control and reduces the chance of disorientation.

4. Avoid Flying Over People

The FAA prohibits flying over people for safety reasons. This rule is even more critical at night, when reduced visibility heightens the risk of collision. Maintain a safe distance from populated areas or events, and if you must fly near people, keep altitude and control steady.

5. Plan for Emergency Situations

Since night conditions can increase the likelihood of mishaps, planning for emergencies is crucial. Establish a return-to-home (RTH) point, and familiarize yourself with your drone’s emergency procedures. Practicing these responses can make all the difference during an unexpected loss of signal or control.


Case Studies: Nighttime Drone Operations with FAA Waivers

Several commercial drone operators have been granted waivers for unique nighttime operations. Here are a few examples of how waivers have been used to support industries:

1. Emergency Response

Drones have been instrumental in search-and-rescue operations, with night flights allowing for efficient search efforts in low-light conditions. Using infrared cameras and LED lighting, drones equipped for night vision have successfully located missing persons in remote areas.

2. Event Monitoring and Security

Large events, such as music festivals or sports games, can benefit from nighttime drone surveillance for crowd control and monitoring. These drones, equipped with anti-collision lighting and operated by certified pilots, provide real-time data to enhance event safety and management.

3. Infrastructure Inspection

For infrastructure inspections, such as power lines, wind turbines, and cell towers, nighttime drones equipped with specialized lighting can identify issues more effectively when traditional lighting conditions are unavailable or impractical.

20 Common Questions About Flying Drones at Night


1. Can recreational drone pilots fly at night?

  • Yes, recreational pilots can fly at night, but they must complete the FAA’s TRUST certification and ensure their drone has proper anti-collision lighting.

2. What type of lighting is required for flying a drone at night?

  • The FAA mandates anti-collision lights visible from at least three statute miles away. These lights should blink or flash continuously to enhance visibility.

3. Do I need a Part 107 certification to fly a drone commercially at night?

  • Yes, if you’re flying a drone for commercial purposes at night, a Part 107 Remote Pilot Certificate is required.

4. How far should anti-collision lights be visible for night operations?

  • Anti-collision lights must be visible from at least three statute miles to comply with FAA regulations.

5. Are there specific rules for night operations under Part 107?

  • Yes, Part 107-certified pilots must complete the FAA’s night operations training and have anti-collision lighting on their drone.

6. Do I need a waiver for every type of nighttime drone operation?

  • Not necessarily. While general Part 107 night operations don’t require a waiver, certain activities, like flying over people, may still need one.

7. Can I use my drone’s built-in lights as anti-collision lights?

  • In most cases, built-in navigation lights may not meet FAA standards for anti-collision visibility, so additional lights are often necessary.

8. How can I apply for a waiver for specific night operations?

  • You can apply for a waiver on the FAA’s DroneZone portal by detailing your planned operation, safety protocols, and any special requirements.

9. Is there a limit to how high I can fly at night?

  • Yes, the FAA restricts altitude to 400 feet above ground level (AGL), even during nighttime operations.

10. Can I fly my drone over residential areas at night?

  • You can fly over residential areas as long as you follow FAA guidelines, but avoid directly flying over people and respect local regulations and privacy concerns.

11. How does cold weather affect night flying?

  • Cold temperatures, common at night, can drain batteries faster, so ensure they’re fully charged and monitor power levels closely during the flight.

12. Do I need a visual observer when flying at night?

  • Although not mandatory, having a visual observer can greatly improve safety by helping maintain visual awareness of your drone.

13. Can drones equipped with infrared cameras fly at night?

  • Yes, infrared-equipped drones are beneficial for night operations, especially in search-and-rescue, security, and surveillance roles.

14. What happens if I lose sight of my drone at night?

  • FAA rules require pilots to keep their drone within visual line of sight, so always plan for potential obstacles and use visual observers if needed.

15. How should I prepare for an emergency during a night flight?

  • Set a clear return-to-home (RTH) point and practice emergency response procedures. Familiarize yourself with your drone’s controls and lighting features in advance.

16. Is it safe to fly near wildlife at night?

  • Avoid flying near wildlife habitats, especially at night, as drones can disturb animals. Many areas also have restrictions on flying near protected wildlife zones.

17. How can I improve my visibility of the drone during night flights?

  • In addition to anti-collision lights, fly at a safe altitude and maintain line-of-sight. Position lights so they’re visible from multiple angles.

18. Do FAA night regulations apply in all U.S. states?

  • Yes, FAA regulations apply nationwide, though additional local or state laws may also govern nighttime drone operations in certain areas.

19. What factors increase the risk of nighttime drone flights?

  • Reduced visibility, colder temperatures affecting battery life, and potential visual illusions are some of the key risks of night flying.

20. Can I fly my drone in foggy or misty conditions at night?

  • It’s best to avoid foggy or misty conditions at night due to limited visibility, which increases the risk of losing control or encountering obstacles.

Conclusion

Flying a drone at night can be a rewarding experience, offering new perspectives and applications for various industries. However, night operations require careful adherence to FAA regulations, including anti-collision lighting, nighttime flight training, and potentially waivers for certain operations. By following these rules and taking extra precautions, you can safely navigate the skies and enjoy the unique experiences nighttime flying offers.

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