107.39/107.145 Application Info

HOLD OFF ON APPLYING FOR THIS WAIVER AT THIS POINT. I WAS CONTACTED BY MY CONTACT AT THE WAIVER OFFICE THIS MORNING (1/3/24) AND WAS TOLD THEY ARE REVIWING THE APPROVAL PROCESS BASED ON SOME OF THE APPLICATIONS. I’LL POST WHEN I GET THE WORD TO START UP AGAIN.

We know we’ve been promising to release Vic’s OOP/OOMV waiver video for a while. Well, here it finally is.

A quick backstory first:

Vic was flying his DJI Mini 3 Pro indoors at the Colorado Convention Center in Denver last May during AUVSI’s XPONENTIAL. The FAA was present (obviously) and suggested Vic apply for an OOP Waiver using that drone. The FAA employee said give him a good safety case and he’ll approve it.

So Vic did. And he was granted a 107.39/107.145 Waiver on 8/15/23. It was the first waiver ever granted for specifically for the DJI Mini 3, and it’s good until the end of 2027. After some back and forth emails to correct a mathematical error on Vic’s part, and to get some clarification on some other parts, it was finally going to be approved. At that point, Vic was told “So what we are doing is a memo to allow this operation… not only for you, but for others as well.. we are almost done with it..”. That means that if someone sends in a waiver application similar to Vic’s it will be approved w/o having to go through the entire scrutiny that other waivers would require.

It wasn’t quite a summary grant type situation, but close. It shows that the FAA really wants to relax the OOP requirements, but they need the waiver data to do that.

One of the provisions of the waiver is to send in monthly reports to the FAA for flights taken under that waiver. Make sure you do that. This way the FAA has the data necessary to hopefully relax the current 107.39 and 107.145 requirements.

If you’re interested in getting this waiver (& why wouldn’t you be?), download the references materials and watch the video. Links provided below.

As mentioned in the video, this is for the DJI Mini 3 Pro, with OEM DJI prop cages. Vic also has an amended request in for the DJI Mini 4 Pro. If he get that, he’ll update this article accordingly. That was applied for on 9/28/23. The amendment includes adding the Mini 4 Pro to the waiver (the Mini 4 Pro is 5 grams heavier), removal of the 24-72 hour NOTAM requirement, and lowering the minimum AGL over people from the current 50’ to 25’. Hopefully the FAA will approve all of that.

Also, if you plan on flying under 107.29 (non-daylight conditions, make sure you mention you’ll be satisfying all aspect of 107.29, including using 3SM strobes (my waiver mentioned using the Firehouse Technology ARC “V” strobe), as well as what safety mitigations you’ll use to safety fly at night. If you need help with resources for that, Pilot Institute has a great free course titled “Part 107 Night Training Course”. Take a look at that and use those for your safety case.

The main safety mitigation of Vic’s waiver is the 380 gram all up weight. So if you’re asking for one that’s heavier (Mini 4 Pro is 385 grams), you’ll need to mention that, and do the possible Kinetic Energy calculations. Which are included in the video. Another option is to shave the prop cages on the Mini 4 Pro to make the total weight 380 grams. Just make sure you’re not compromise the integrity of the cages and jeopardize the safety mitigation of the cages. The take off weight of the drone is the key to this waiver. As is the speed of the drone under certain operations. Don’t forget that.

We know at least one person has attempted this waiver with the DJI Avata, and one is trying with a custom FPV rig. Vic will update this article if he find out they’re received it. 

As with ALL Part 107 waivers, each one needs to be as unique as you can make it. So once again, do not copy and paste Vic’s application. There are very few people in the FAA’s Waiver office, so they’ll recognize it as Vic’s language. Obviously there will be similarities, and they recognize this. But don’t copy and paste. Make it your own to prove that you’d at least put some thought into how you can use this waiver safely.

And remember, make sure you follow all of the waiver provisions. That is vital to this becoming commonplace in the industry. 

Once you have this waiver, it will literally open up many new areas the skies for you and your business. Vic has been able to fly such things as a Division 1 Football game at CSU, as well as over The Vegas Strip when he was filming the Bellagio Fountains while at Commercial UAV Expo in Las Vegas.

Some useful links:

Reference notes: https://spaces.hightail.com

Kinetic Energy in Joules: https://www.calculatorsoup.com/calculators/physics/kinetic.php

Joules to ft-lbs: https://www.metric-conversions.org/energy-and-power/joules-to-foot-pounds.htm

Hi-Vis vests: https://www.amazon.com/Visibility-Reflective-Customize-Protective-Workwear/dp/B09R1NMV19?ref_=ast_sto_dp&th=1

DSPA Join or Donate: https://dspalliance.org/join-us/

107.29/107.145 Waiver video: https://youtu.be/e3wCMCVZ4_o

DSPA is a Colorado based, member supported, 510(c)(6). We appreciate any and all support. Funds raised are used to cover travel expenses for Vic and Kenji while attending such events are the Advance Aviation Advisory Committee, Drone Safety Team, FAA Symposium, and others. They do not draw a salary for any work done with DSPA. We firmly believe a rising tide lifts all boats, and we have boats in the water too.

If you’re looking to get your 107, you can’t do any better than Pilot Institute. They have a phenomenal pass rate for 107 tests, along with many other classes. And if you have a new DJI Mini 3 Pro or Mini 4 Pro, make sure you check out their Deep Dives on both drones. They’re free and are full of great information.

Free DJI Mini 4 Pro Deep Dive: https://pilotinstitute.com/course/dji-mini-4-pro-deep-dive/

Free DJI Mini 3 Pro Deep Dive: https://pilotinstitute.com/course/dji-mini-3-pro-deep-dive/

And if you need to purchase on of these little powerhouse drones, Check out Blue Skies Drones: https://www.blueskiesdroneshop.com/

You’ll find that awesome people at both of those companies. And they are people that love drones and support our industry.

And if you’re interested in finding out more about Drone Service Providers, check us out too: https://dspalliance.org/

And finally, we have many politicians at both the national and local level that are trying to keep DJI and Autel drones out of the hands of those who really need them. And we have American drone companies using their lobbying monies to doing that very same thing. Drone Advocacy Alliance is a non-partisan, grassroots advocacy coalition formed to help educate lawmakers about the dangers of basing restrictions and bans on such things as country of origin.

If you want to help fight this, join DSPA, Dronesense, Hollywood Drone, Pilot Institute, DJI, Flytbase, and many others as we work together to keep politics out of our industry. Help us keep our skies safe, and our drones apolitical. Check out what you can do at https://droneadvocacyalliance.com/. It’s a simple as filling our your contact info to stay informed about legislation that can harm your business. Also follow the DAA on X, https://twitter.com/daa_drones.

Good luck with the waiver, and as always: fly safe!