Drone Flight Training, Drone License Jason Damman Drone Flight Training, Drone License Jason Damman

Part 91 COW vs. Part 107 for Public Safety Drones

Updated February 2026
This post replaces our June 2025 article “COA vs. Part 107: Which Path Is Best for Police and Fire Drone Operations?” to reflect major FAA regulatory changes.

How to Choose the Right Path for a DFR Program (2026 Guide)

If you're looking into launching a Drone as First Responder (DFR) program—or expanding one—you’re stepping into a regulatory landscape that has changed quickly.

Not long ago, public safety drone operations were built around two main paths:

  • Part 91 (Public Aircraft Operations), typically using the COA (Certificate of Authorization) framework

  • Part 107, where agencies could apply for waivers to expand beyond standard limitations

Both paths worked—but neither was simple when it came to scaling DFR.

If you wanted to fly beyond visual line of sight (BVLOS):

  • Under Part 91, you typically needed a COA with significant coordination and documentation

  • Under Part 107, you had to stack multiple waivers, often with long approval timelines

In most cases, approvals could take 6–10+ months, and operational flexibility was limited.

That system has now been replaced.

The FAA has shifted to a Certificate of Waiver (COW) framework, designed specifically to streamline public safety drone operations.

What that means in practice:

  • Approvals now often take weeks instead of months

  • Some DFR waivers are being approved in days—or even hours

  • Many operations no longer require visual observers

  • Agencies are scaling DFR programs much faster

👉 Bottom line:


DFR is no longer experimental—it’s operational.

Which brings us to the question most agencies are trying to answer now:

👉 Do we operate under Part 91 or Part 107—and which one is right for us?

The Two Paths (Without the Jargon)

At a high level, every public safety drone program falls into one of these two frameworks:

Part 107 (Where Most Agencies Start)

This is the most common entry point, especially for:

  • Volunteer fire departments

  • Nonprofits and search & rescue

  • EMS providers

  • Agencies working with contractors

You’re operating under FAA rules as a civil drone operator with a waiver.

In practice:

  • Pilots must hold a Part 107 certificate

  • You apply for a waiver (typically Shielded Operations for DFR)

  • It’s the fastest and most accessible way to launch

👉 If you’re just getting started, this is usually the path.

➡️ Learn more: How to get your Part 107 license

Do DFR pilots need a Part 107 certificate?

If you're operating under Part 107, yes—it’s required.

Under Part 91, technically no. But most agencies still require it anyway.

Why?

Because it:

  • Creates a standardized knowledge baseline

  • Reduces liability exposure

  • Makes your program more defensible

Part 91 (Public Aircraft Operations)

This is typically available to:

  • Police departments

  • Sheriff’s offices

  • Government agencies

Here, you’re operating as a public aircraft operator, which gives you more flexibility—but also shifts more responsibility to your agency.

Key difference:

  • The FAA does not require Part 107 certification

  • Your agency defines training, standards, and oversight

👉 More flexibility—but also more accountability.

Do volunteer fire departments qualify for Part 91?

In most cases, no.

Volunteer departments, nonprofits, and private EMS providers usually do not meet the federal definition of a public aircraft operator.

That means they operate under Part 107 instead.

Quick Reality Check

  • Not a government entity? → You’re almost certainly operating under Part 107

  • Government agency? → You may qualify for Part 91, depending on structure

Getting this classification right early is critical.

Where Advanced DFR Programs Fit: Shielded Operations

Most DFR programs today want to be structured around Shielded Operations.

That simply means:

  • Flying low (typically ≤200 ft)

  • Using buildings and terrain as natural separation from aircraft

  • The drone is being operated Beyond Visual Line of Sight (BVLOS)

This model is what makes DFR scalable:

  • Safer operations

  • Faster approvals

  • Lower equipment costs

👉 For most agencies, this is the practical starting point.

➡️ Read more:What are Shielded Operations?

Do we need a waiver to run a DFR program?

Yes.

DFR programs rely on BVLOS (Beyond Visual Line of Sight) operations—and those require a waiver under current FAA rules.

Does a waiver mean we can fly anywhere?

No.

A waiver allows how you operate—not where.

You may still need additional airspace authorization, especially near airports or controlled airspace.

Part 91 vs. Part 107 — What Actually Matters

Instead of getting buried in regulations, here’s what matters operationally:

Pilot Requirements

  • Part 107 → FAA-certified pilots required

  • Part 91 → Agency-defined training

Operational Flexibility

  • Part 107 → More structured

  • Part 91 → More flexible

Liability

  • Part 107 → FAA sets the standard

  • Part 91 → Your agency defines (and defends) the standard

👉 This is one of the biggest strategic differences between the two paths. However since there is no written standard, the agency needs to document and implement these standards. We now offer DFR Implementation Support for any first responder agency in the US to help you customize and define the operational standards.

Is DFR considered surveillance?

No—and it’s important to be clear about that.

DFR programs are designed for:

  • Emergency response

  • Real-time situational awareness

  • Officer and community safety

They are not intended for general surveillance.

That said, state laws still apply.

For example, in Ohio:

👉 House Bill 77 requires law enforcement to obtain a warrant for most drone-based surveillance activities.

➡️ Read more here: Ohio New Drone Law HB 77

What equipment is required for DFR and Shielded Operations?

At a high level:

  • Remote ID compliant aircraft

  • Anti-collision lighting

  • ADS-B detection capability

  • Reliable communications

Your exact setup depends on your waiver and program scale.

Where Most Agencies Should Start

For most departments, the best path is:

👉 Start with Part 107 → expand into Part 91 (if eligible)

How long does it take to launch a DFR program?

A realistic timeline:

  • Planning: 30–60 days

  • Waiver: a few weeks to a few months

  • Training + deployment: 30–90 days

👉 Most agencies can be operational in 2–4 months.

The Most Common Mistake

It’s not technical—it’s strategic.

👉 Agencies choose the wrong regulatory path at the beginning.

How do we know if DFR will work for our agency?

You need to evaluate:

  • Regulatory eligibility

  • Airspace complexity

  • Call volume

  • Staffing

  • Budget

👉 This is exactly what a DFR readiness assessment is designed to answer.

➡️ Start here: Request DFR Implementation Support

Final Takeaway

There isn’t one “best” path—only the right one for your agency.

  • Part 107 → fastest way to launch

  • Part 91 → expanded capability (if eligible)

The agencies that succeed with DFR:

  • Make the right decision early

  • Build training and policies correctly

  • Scale intentionally

🚀 Ready to Build Your DFR Program?

We help agencies:

  • Determine Part 91 vs Part 107 eligibility

  • Prepare waiver applications

  • Design scalable DFR programs

  • Train pilots for real-world operations

👉 Request a DFR Implementation Consultation

👉Explore Public Safety Drone Training Basic and Advanced Courses (Part 107, Hads-On Drone Operations, Search & Rescue, Tactical Operations)

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