The standard
What a waiver is, and the safety standard behind it
A certificate of waiver is the formal way to fly outside a standard Part 107 rule, and § 107.200 sets the terms. Under § 107.200(a), the FAA may issue a certificate of waiver authorizing a deviation from any regulation on the § 107.205 list — but only if it finds that the proposed operation can safely be conducted under the terms of that waiver. Chapter 2 introduced the system; the word that carries the weight is the condition. A waiver is not permission to break a rule and accept the risk. It is permission to meet the rule’s underlying safety goal a different way, granted only when the FAA is satisfied the operation is genuinely safe.
The burden of showing that sits with the applicant, not the agency. § 107.200(b) requires the request to contain a complete description of the proposed operation and a justification that establishes the operation can safely be conducted under the terms of a waiver. You do not simply ask for relief; you have to make the case for it, which is the subject of the safety case later in this chapter. And the FAA keeps a lever even when it agrees: § 107.200(c) lets it prescribe any additional limitations it considers necessary, so a granted waiver frequently arrives with conditions attached to it.
What you receive, then, is bounded relief — never a blank check. § 107.200(d) says the holder may deviate from the rules only to the extent specified in the certificate, and must comply with any conditions or limitations it contains. A waiver authorizes exactly the deviation it describes, under exactly the terms it sets, and nothing beyond that. Fly past those terms — a different location, a wider deviation, an ignored condition — and you are operating outside the waiver, which means back in violation of the very rule you thought you had cleared.
Key terms
Certificate of waiverSafety justificationDeviationConditions and limitations§ 107.200