Part 91 COW vs. Part 107: Understanding the New Regulatory Standard for Police and Fire Drone Programs with the Shielded Operations Waivers
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.
The Regulatory Landscape Has Changed
The regulatory landscape for public safety drone operations has changed dramatically.
If your department is still operating under the old Certificate of Authorization (COA) framework — or if you've been hesitant to pursue beyond visual line of sight (BVLOS) operations because of the lengthy approval process — there’s good news:
The FAA has streamlined everything.
The traditional COA process that once took 6–10+ months has been replaced by a new Certificate of Waiver (COW) framework.
What’s changed:
Processing times dropped from months to as little as 1–2 weeks
Some Drone as First Responder (DFR) waivers approved in under 2 hours
Waiver validity extended from 2 years to 4 years
Visual observers no longer required for many BVLOS operations
In this post, we’ll break down the two primary pathways now available to public safety agencies and help you determine which is right for your department.
The Big Picture — What Changed?
The Old Way (Pre-2026)
COA applications processed through FAA Air Traffic Organization
6–10+ month processing times
Required rooftop visual observers for BVLOS
2-year validity
Monthly reporting requirements
Complex NOTAM filing
The New Way (2025–Present)
Certificate of Waiver (COW) processed through FAA Flight Standards
1–2 week processing times (some same-day approvals)
Visual observers replaced by detection equipment (ADS-B In)
4-year validity
No monthly reporting
Simplified application via email or FAA DroneZone
This shift was driven by the FAA Reauthorization Act of 2024 (Public Law 118-63), which streamlined processes for public safety drone operations and formally defined “Public Safety Organizations” under Section 926(e).
Understanding Your Two Options
Public safety agencies now have two distinct pathways for BVLOS and DFR operations.
Option 1 — Part 107 PSO Shielded Operations Waiver
Best for:
Volunteer fire departments
501(c)(3) search and rescue organizations
Public safety organizations that may not qualify for Public Aircraft status
Key Features
Available to ANY Public Safety Organization (PSO)
Does NOT require Public Aircraft Operator (PAO) status
BVLOS up to 1 statute mile from the Remote Pilot in Command
Operations up to 200 feet AGL
No visual observers required
Requires Part 107 Remote Pilot Certificate for all pilots
What Gets Waived
107.31 (Visual line of sight)
107.39 (Operations over human beings)
107.145 (Operations over moving vehicles)
Important:
This waiver does NOT waive airspace authorization requirements (107.41).
If operating in controlled airspace:
You must apply separately for a Wide Area Authorization (WAA) through FAA DroneZone
LAANC cannot be used with BVLOS waivers
Option 2 — Part 91 PAO/PSO Shielded Operations Waiver
Best for:
Municipal police departments
County sheriff’s offices
Fire districts
Governmental entities qualifying as both PAO and PSO
Key Features
Requires BOTH PAO and PSO status
Two altitude tiers available:
200-foot waiver
Primary collision avoidance via obstruction shielding + ADS-B In
400-foot waiver
Requires FCC-approved DAA (Detect and Avoid) systems meeting ASTM/RTCA standards
No distance limitations (operational limits still apply)
No visual observers required
Broader operational flexibility
What Gets Waived
14 CFR 91.113 (Right-of-way / see-and-avoid rules)
14 CFR 91.119 (Minimum safe altitudes)
91.126–91.131 (Certain airspace communication requirements)
14 CFR 91.155 (Basic VFR weather minimums)
Critical Distinction — Part 91 Does NOT Require Part 107 Certificate
Part 91 operations do NOT require pilots to hold a Part 107 Remote Pilot Certificate.
Under Part 91, agencies may self-certify their aircraft and pilots. This means:
The department is responsible for establishing training standards
The department must verify pilot competency
The department must defend its internal training if an incident occurs
This flexibility can also increase liability exposure.
Why We Still Strongly Recommend Part 107 Training and Certification
Even under Part 91, we strongly recommend Part 107 certification for all pilots because it provides:
A recognized baseline of aeronautical knowledge
Portable credentials if officers transfer
Demonstrated compliance with FAA testing standards
Reduced liability exposure
A foundation for internal documentation
Professional certification that upskills employees that they can use outside of work
Part 107 certification adds professionalism, protects your officers, and reassures the public that your department is operating responsibly.
Which Path Is Right for Your Department?
You Likely Qualify for Part 107 PSO Waiver If:
You’re a volunteer fire department
You’re a 501(c)(3) search and rescue organization
You receive reimbursement (e.g., FEMA)
You’re a private ambulance service providing public safety support
You want the simplest and fastest path to BVLOS
You May Qualify for Part 91 PAO/PSO Waiver If:
You’re a political subdivision (city, county, state, tribal government)
Your agency owns the aircraft or leases exclusively for 90+ days
Operations are strictly governmental
You do NOT receive compensation
You do NOT fly commercially
Pro Tip:
If uncertain about PAO status, consult legal counsel. Operating under the wrong framework creates liability risks.
The Application Process
Part 107 PSO Shielded Operations Waiver
Step 1: Prepare Documentation
Agency letter certifying PSO status per PL 118-63 Section 926(e)
Signed FAA checklist
Concept of Operations
Step 2: Submit via FAA DroneZone
Log in
Select Part 107 Waiver Application
Attach documentation
Step 3: Apply Separately for Airspace Authorization (If Needed)
Submit Wide Area Authorization (WAA)
Allow 60+ days for controlled airspace
Processing Time: 1–2 weeks typical
Part 91 PAO/PSO Waiver
Step 1: Verify Eligibility
Confirm PAO status under 49 USC 40102(a)(41) and 40125
Confirm PSO status under PL 118-63 Section 926(e)
Step 2: Prepare Documentation
Letter certifying PAO + PSO status
FAA Form 7711-2
Appropriate checklist
Concept of Operations
Step 3: Submit via Email
Send to: 9-AVS-AFS-750-91.113Waivers@faa.gov
Processing Time: 1–2 weeks typical
Common Application Mistakes That Cause Delays
The FAA frequently sees:
Letters that fail to reference PSO qualification per PL 118-63
Missing Responsible Person signature
Submitting Public Declaration Letter instead of PSO certification
Unsigned or incomplete checklist
Illegible submissions
Missing equipment specs
While the process is faster, it’s not simpler. A single documentation error can reset your timeline.
DFR — The Numbers Tell the Story
Old COA Process vs. New COW Process
Processing time: 10+ months → 1–2 weeks (some under 2 hours)
DFR waivers (2018–2024): ~50 total
DFR submissions (as of June 2025): 300+
DFR approvals: 214+
Validity: 2 years → 4 years
Monthly reporting: Required → Not required
Visual observers: Required → Not required
DFR adoption has accelerated dramatically.
What About Existing COAs?
If you currently operate under a COA:
Continue operating under your current COA
Begin applying for a Shielded Operations COW ASAP
COAs will NOT be renewed under the old process
A new COW does NOT automatically cancel your COA
There is no operational gap during transition.
Looking Ahead — Part 108 BVLOS Rulemaking
The FAA is developing Part 108 for permanent BVLOS rules.
NPRM published: August 7, 2025
Comment period closed: October 6, 2025
Limited comments reopened: Through February 11, 2026
Final rule expected: Spring 2026
Agencies investing now in compliant equipment and documentation will be positioned well when Part 108 becomes law.
Our Recommendation — Start with Part 107, Then Expand
Get pilots Part 107 certified
Apply for Part 107 PSO Shielded Operations Waiver
If eligible, pursue Part 91 PAO/PSO waiver for additional flexibility
Invest in hands-on training
Regulatory compliance is only the beginning. Tactical proficiency matters.
Need Help Getting Started?
V1DroneMedia provides:
Shielded Operations Waiver Application Assistance
Advanced Public Safety Drone Training: Search & Rescue and Tactical Drone Operations
Our instructors combine aviation and real-world police operational expertise
👉 Request Drone Training Consultation
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NIST-Based Drone Flight Training for Police & Public Safety
Why Professional Drone Programs Require Standards-Based Flight Training
Professional drone programs are expected to perform safely, consistently, and under pressure. Whether the mission involves search and rescue, scene documentation, tactical overwatch, or operational support, there is little margin for error when aircraft are deployed in real-world conditions.
One of the most common misconceptions in drone operations is that flight proficiency is permanent once certification is achieved. In reality, flight skills are perishable. Without structured practice and evaluation, even experienced pilots can see skill decay over time. That is why professional aviation — and increasingly professional drone programs — rely on initial and ongoing, standards-based flight training.
This is where NIST-based flight training plays a critical role.
What Is the NIST Drone Flight Training Course?
The NIST (National Institute of Standards and Technology) is an independent federal organization known for developing objective, repeatable standards across technical and operational domains. In the drone space, NIST has developed standardized flight courses designed to evaluate pilot proficiency through clearly defined tasks and measurable outcomes.
The NIST drone flight course is not a certification and it is not academic theory. It is a task-based, hands-on flight skills framework focused on how well a pilot can control an aircraft, maintain situational awareness, and execute precise maneuvers under defined conditions.
Because the course is standardized and repeatable, it allows organizations to evaluate flight performance objectively — something that resonates strongly with police departments, public safety agencies, and operational teams that need defensible training standards.
Borrowed Directly from Airline Recurrent Training Culture
The philosophy behind our drone flight training at V1DroneMedia is borrowed directly from airline recurrent training culture.
The owner and lead instructor of V1DroneMedia is a professionally trained airline pilot with more than 20 years of experience in airline operations (read Jason Damman’s story here). In that world, training does not end once a pilot is hired or certified. Airline pilots undergo mandatory recurrent training once or twice per year to maintain proficiency, reinforce safety standards, and integrate new knowledge.
Recurrent training in aviation includes:
Continuous evaluation of flight skills
Reinforcement of standard operating procedures
Incorporation of FAA guidance and regulatory updates
Lessons learned from accidents and incidents across the industry
This culture exists for one reason: repeatable performance and accident avoidance depend on structured, ongoing training. Pilots are trained not just to know what to do, but to develop automatic responses that hold up under stress.
That same philosophy translates directly to professional drone operations.
Training Flight “Muscles” and Automatic Responses
In aviation, pilots often talk about training their “flight muscles.” This refers to muscle memory, coordination, and instinctive control inputs that allow pilots to respond correctly without hesitation.
Under stress, cognitive bandwidth is limited. The more a pilot has to consciously think about basic aircraft control, the greater the risk of errors. Structured flight training builds automatic responses that reduce workload and improve safety when conditions are less than ideal.
For airline pilots, this training happens in simulators. For drone pilots, structured and repeatable flight courses like the NIST framework serve the same purpose.
Why This Model Applies Directly to Drone Operations
Many drone programs — particularly in policing and public safety — do not fly every day. Flights may be intermittent, mission-driven, and time-sensitive. When a call comes in, there is rarely time for a warm-up or refresher.
Without structured training, this creates risk:
Skill decay from infrequent flying
Overconfidence in basic maneuvers
Slower or incorrect responses under pressure
Structured flight training matters especially when pilots don’t fly every day — because missions don’t wait for skills to come back.
NIST-Based Drone Flight Training for Learning and Refresher Training
One of the strengths of the NIST flight course is that it works equally well for pilots learning professional flight skills and for experienced pilots who need refresher training.
For newer pilots, the course provides structured flight training beyond hobby-level flying. It introduces professional expectations around precision, control, and consistency in a way that builds a strong foundation for operational use.
For experienced pilots, the same course functions as a refresher. It reinforces fundamentals, identifies bad habits that can develop over time, and restores confidence before real-world missions.
In our classes, we regularly train mixed experience levels together. When group sizes allow, we adjust instruction in real time — breaking into smaller groups when needed — to ensure each pilot is challenged appropriately while still benefiting from a shared training standard.
This approach helps organizations build consistency across their teams rather than relying on individual flying styles.
How NIST-Based Training Improves Flight Skills
Precision and Aircraft Control
Pilots develop tighter control through defined maneuvers that emphasize smooth inputs, controlled altitude changes, and precise lateral movement — skills that directly translate to operational environments.
Situational Awareness
The course reinforces orientation management, aircraft positioning, and multi-axis control while performing tasks, helping pilots maintain awareness beyond simply keeping the drone airborne.
Consistency and Measurable Improvement
Because the course layout is standardized, pilots can repeat the same tasks over time and objectively see improvement. This removes guesswork from training and provides clear feedback for both pilots and leadership.
Public safety drone pilots flying standardized NIST flight course
How We Integrate NIST Training into Our 2-Day Drone Operations & Flight Training Class
NIST-based flight exercises are a core component of our Drone Operations & Flight Training (2-day class). The course balances operational context, safety considerations, and hands-on flight proficiency to ensure training is practical and applicable.
Pilots receive instructor-guided feedback throughout the course, with progressive skill building that mirrors real-world operational demands. The emphasis is on standards, repetition, and readiness — the same principles that underpin airline recurrent training.
This approach ensures pilots leave not only with improved skills, but with a clear understanding of what professional flight performance looks like.
Police officers completing NIST-based drone flight training course
Building Mission-Ready Drone Programs Through Ongoing Training
For command staff and program managers, structured flight training is more than a technical exercise. It is a leadership decision that directly impacts safety, performance, and program credibility.
NIST-based training provides a defensible framework for both learning and refresher training, helping organizations maintain high standards over time rather than relying on ad-hoc flying.
Mission-ready drone programs are built through intentional, ongoing training — not last-minute preparation.
Learn More
If your organization is looking to strengthen flight proficiency, reinforce safety standards, or implement structured refresher training, we invite you to learn more about our Drone Operations & Flight Training (2-day class) or Request a Consultation to discuss your training needs.