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)
Need Help Getting Trained?
Additional Public Safety Resources: :
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
👉 Subscribe to our First Responder Newsletter
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.