I've not dug into it yet but I'm pretty sure "Night flights" are only allowed when the applicant meets the criteria AND a waiver has been issued. I'd have to consult a professional on this but I'm fairly confident that Night Flights will only be allowed via waiver.
That is correct at the moment.
§107.29 Daylight operation.
(a) No person may operate a small unmanned aircraft system during night.
(b) No person may operate a small unmanned aircraft system during periods of civil twilight unless the small unmanned aircraft has lighted anti-collision lighting visible for at least 3 statute miles. The remote pilot in command may reduce the intensity of the anti-collision lighting if he or she determines that, because of operating conditions, it would be in the interest of safety to do so.
(c) For purposes of paragraph (b) of this section, civil twilight refers to the following:
(1) Except for Alaska, a period of time that begins 30 minutes before official sunrise and ends at official sunrise;
(2) Except for Alaska, a period of time that begins at official sunset and ends 30 minutes after official sunset; and
(3) In Alaska, the period of civil twilight as defined in the Air Almanac.
Waivers to Certain Small UAS Operating Rules
The small UAS rule (14 CFR part 107) includes the option to apply for a certificate of waiver, which allows for a small UAS operation to deviate from certain operating rules if the FAA finds that the proposed operation can be performed safely.
- Waivable sections of part 107
- Operation from a moving vehicle or aircraft (§ 107.25)*
- Daylight operation (§ 107.29)
- Visual line of sight aircraft operation (§ 107.31)*
- Visual observer (§ 107.33)
- Operation of multiple small unmanned aircraft systems (§ 107.35)
- Yielding the right of way (§ 107.37(a))
- Operation over people (§ 107.39)
- Operation in certain airspace (§ 107.41)
- Operating limitations for small unmanned aircraft (§ 107.51)
