FAR 103.5 — Ultralight Waivers
FAR 103.5 explains how ultralight pilots can deviate from Part 103 operating rules only with a written waiver issued by the FAA Administrator.
In Plain English
FAR 103.5 is short but important: if you want to operate an ultralight vehicle in any way that doesn't comply with Part 103, you must first get a written waiver from the FAA Administrator.
In plain terms:
- Part 103 sets the operating rules for ultralights (single-occupant, weight limits, daylight operations, no congested areas, etc.).
- If your planned operation breaks any of those rules — for example, a night demonstration flight, an airshow over a crowd, or a two-seat training exception — you cannot just do it.
- You must apply for and receive a written waiver before the flight.
- Verbal approval, controller permission, or assumed authorization does not count.
Why it matters operationally: Part 103 is already permissive (no pilot certificate or aircraft registration required), so the FAA expects strict compliance with the few rules that do apply. Operating outside those rules without a waiver makes the flight illegal and exposes the pilot to enforcement action.
Regulation Text
14 CFR § 103.5§ 103.5 Waivers.
No person may conduct operations that require a deviation from this part except under a written waiver issued by the Administrator.
Oral Exam Questions a DPE Might Ask
Q1If you want to operate an ultralight in a way that doesn't comply with Part 103, what must you obtain first?
Per FAR 103.5, you must obtain a written waiver issued by the FAA Administrator before conducting any operation that requires a deviation from Part 103.
Q2Can a Part 103 ultralight pilot get verbal permission from ATC or an FSDO inspector to deviate from Part 103?
No. FAR 103.5 specifically requires a written waiver from the Administrator — verbal authorization is not sufficient to deviate from Part 103.
Q3Who has the authority to issue a waiver allowing deviation from Part 103?
Under FAR 103.5, only the Administrator (the FAA) can issue a written waiver permitting operations that deviate from Part 103.
Studying for a checkride?
Related Sections in Part 103