BVLOS Operations: The Road to Part 108 and Today's Waiver Path

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BVLOS โ€” Beyond Visual Line of Sight โ€” is where the commercial drone industry's future lies. Pipeline inspection covering hundreds of miles. Package delivery at scale. Precision agriculture across entire regions. The Gyoseishoshi approach to BVLOS: understand where the rules are today, where they're going with Part 108, and how to operate legally and safely right now. โ€” MmowW Team ๐Ÿฆ‰

Quick Takeaways

Table of Contents

  1. What Is BVLOS?
  2. Current Legal Pathway: ยง 107.31 Waiver
  3. Why BVLOS Waivers Are Rare
  4. Key BVLOS Technical Requirements
  5. Proposed Part 108: The Future Framework
  6. Part 108 Timeline and What It Means
  7. Industries That BVLOS Will Transform
  8. Preparing for Part 108 Now
  9. How MmowW Will Support Part 108 Operations
  10. FAQ
  11. Summary

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What Is BVLOS? {#what-is-bvlos}

BVLOS (Beyond Visual Line of Sight) describes drone operations where the Remote Pilot in Command (RPIC) cannot maintain direct, unaided visual contact with the aircraft throughout the flight.

Why BVLOS Matters

Standard Part 107 requires Visual Line of Sight (VLOS) โ€” the pilot or a Visual Observer must always be able to see the drone with their naked eye. This limits operations to roughly 1โ€“2 miles at most under ideal conditions.

BVLOS breaks this constraint, enabling:

The economic and operational potential of routine BVLOS is enormous โ€” which is why proposed Part 108 represents such a pivotal regulatory development.

Current regulatory status: 14 CFR ยง 107.31

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Current Legal Pathway: ยง 107.31 Waiver {#current-pathway}

To conduct BVLOS operations today, operators must obtain a waiver of ยง 107.31 (Visual Line of Sight) through the Part 107.200 waiver process:

Step 1: Develop comprehensive safety case โ†’ Step 2: Define specific operational area (corridor, area, altitude) โ†’ Step 3: Document Detect and Avoid (DAA) system โ†’ Step 4: Document crew qualifications โ†’ Step 5: Submit via FAA DroneZone โ†’ Step 6: Wait 90 days to 12+ months โ†’ Step 7: Respond to FAA requests for additional information โ†’ Step 8: Receive approval with conditions OR denial โ†’ Step 9: Comply with ALL waiver conditions on every flight

Application portal: FAA DroneZone

What FAA Looks For in BVLOS Waivers

The FAA evaluates BVLOS waivers against a high safety standard:

| Element | Description |

|---|---|

| DAA capability | How does the aircraft detect and avoid other aircraft? |

| Communication | How does the RPIC maintain control beyond visual range? |

| Contingency procedures | What happens during lost link, GPS failure, or emergency? |

| Operational volume | Exactly where and at what altitude will operations occur? |

| Risk assessment | Analysis of collision risk, ground impact risk, third-party risk |

| Operator experience | Flight hours, BVLOS-specific training, safety record |

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Why BVLOS Waivers Are Rare {#why-rare}

Despite significant industry demand, BVLOS waivers are granted to a small number of operators. The reasons:

  1. High technical bar: Most commercially available drones lack certified DAA systems
  2. Application complexity: The safety case documentation is extensive and requires aviation safety expertise
  3. FAA review capacity: The FAA processes limited BVLOS waivers per year
  4. Specificity requirement: Waivers are corridor- or area-specific, not general authorizations

Operators that have received BVLOS waivers include major companies with dedicated aviation safety teams: utilities, pipeline companies, agricultural technology firms, and logistics companies with long-range delivery programs.

"Type-certified" BVLOS operations: Some BVLOS operators are working through FAA type certification pathways for their aircraft, which can support waiver applications. Aircraft with FAA type certificates provide a baseline level of airworthiness documentation that supports the safety case. Source: FAA Advanced Operations

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Key BVLOS Technical Requirements {#technical-requirements}

Detect and Avoid (DAA)

DAA is the technology that allows a BVLOS drone to detect conflicting traffic and take avoiding action โ€” replacing the human eye's role in VLOS operations.

| DAA Technology | Description |

|---|---|

| ADS-B In | Receives position broadcasts from ADS-B equipped aircraft |

| TCAS-like systems | Traffic Collision Avoidance System adapted for UAS |

| Radar | Active detection of aircraft without transponders |

| Optical/cameras | Computer vision-based detection of nearby aircraft |

| Acoustic detection | Detection of aircraft by sound signature |

Most real-world BVLOS operations use combinations of these technologies.

Command and Control (C2) Link

The communication link between the RPIC and the drone must:

Common C2 solutions: cellular (4G/5G LTE), satellite (Iridium, Starlink), dedicated radio spectrum (licensed UAS spectrum).

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Proposed Part 108: The Future Framework {#part-108}

Proposed Part 108 โ€” formally titled "Beyond Visual Line of Sight (BVLOS) Operations" โ€” is the FAA's long-anticipated regulatory framework that would enable routine BVLOS operations without individual waivers.

What Part 108 Would Create

Rather than requiring each operator to prove safety from scratch, Part 108 would establish:

Key Provisions Expected in Part 108

| Area | Expected Requirements |

|---|---|

| Aircraft | Performance standards, airworthiness requirements |

| DAA | Minimum performance standards for detect-and-avoid systems |

| Remote Pilot | Enhanced training requirements above standard Part 107 |

| Operations | Categorized risk-based framework |

| C2 links | Performance and lost-link standards |

Source: FAA BVLOS ARC Final Report and FAA Reauthorization Act 2024 BVLOS mandates

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Part 108 Timeline and What It Means {#part-108-timeline}

| Milestone | Status / Expected Date |

|---|---|

| BVLOS ARC Report | Published (advisory committee completed recommendations) |

| FAA Reauthorization Act 2024 | Mandates FAA to develop BVLOS rules (signed May 2024) |

| Part 108 NPRM | Expected 2026 โ€” Notice of Proposed Rulemaking |

| Public comment period | Follows NPRM (typically 60โ€“90 days) |

| Final Rule | 2027 or 2028 (estimate โ€” regulatory timelines often shift) |

| Effective date | Likely 12โ€“24 months after Final Rule publication |

Part 108 is not yet in effect. As of 2026, BVLOS still requires an individual ยง 107.31 waiver. Part 108 is in the rulemaking process โ€” it may change significantly before finalization. Do not assume Part 108 framework applies to current operations. Source: FAA UAS BVLOS

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Industries That BVLOS Will Transform {#industries}

| Industry | BVLOS Application | Impact |

|---|---|---|

| Utilities | Power line inspection along hundreds of miles | Days of work โ†’ hours; eliminate manual rope access |

| Oil & Gas | Pipeline leak detection, infrastructure monitoring | Routine monitoring replacing infrequent manned inspection |

| Agriculture | Whole-farm crop monitoring and spray applications | Real-time precision agriculture at scale |

| Logistics | Last-mile package delivery | New delivery infrastructure in underserved areas |

| Public Safety | Search and rescue, disaster assessment | Operations in areas unreachable or dangerous for responders |

| Mapping/Survey | Large-area topographic mapping | Survey projects that previously took weeks |

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Preparing for Part 108 Now {#preparing}

Smart operators are positioning for Part 108 before it takes effect:

  1. Build operational history under current waivers โ€” demonstrate safe BVLOS track record
  2. Invest in DAA-capable aircraft โ€” systems that will meet expected Part 108 standards
  3. Train remote pilots in BVLOS procedures โ€” enhanced training above standard Part 107
  4. Document everything โ€” operational logs, safety events, near-misses, corrective actions
  5. Engage with industry groups โ€” AUVSI, CPAS, and other organizations shaping Part 108 standards
  6. Prepare compliance infrastructure โ€” MmowW and similar platforms will add Part 108 compliance modules

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How MmowW Will Support Part 108 Operations {#mmoww-section}

MmowW Drone SaaS โ€” built on the Gyoseishoshi principle of being ahead of compliance requirements โ€” is preparing for Part 108:

Current support:

Part 108 planned features (upon rule finalization):

$5.69 per aircraft / month ยท 14-day free trial ยท No credit card required

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FAQ {#faq}

Can I start BVLOS operations in 2026 without a waiver by citing Part 108?

No. Part 108 is proposed rulemaking โ€” it is not yet law. Until the Final Rule takes effect, BVLOS operations require a ยง 107.31 waiver under the current Part 107 framework. Operating BVLOS without an approved waiver is a federal violation. Source: 14 CFR ยง 107.31

What is the FAA Reauthorization Act 2024's role in BVLOS?

The FAA Reauthorization Act 2024 (signed May 16, 2024) includes specific mandates requiring the FAA to develop BVLOS rules within defined timeframes. This legislation is the legal driver behind the Part 108 rulemaking process. It signals Congressional priority for BVLOS expansion but does not itself create operational authorization. Source: FAA Reauthorization Act 2024

Who is most likely to benefit from Part 108 when it takes effect?

Utilities (power line inspection), oil & gas (pipeline monitoring), agriculture (large-scale operations), logistics (package delivery networks), and public safety (search and rescue, disaster response) are the industries expected to benefit most. Small commercial operators may benefit from lower-category Part 108 operations once the framework is published. Source: FAA BVLOS ARC Final Report

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Summary {#summary}

BVLOS operations in 2026:

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Disclaimer

This information is provided for guidance only and does not constitute legal advice. For official FAA regulations, please consult faa.gov/uas. MmowW acts as a compliance assistance platform โ€” operators remain fully responsible for their compliance with applicable regulations.

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Poppo ๐Ÿฆ‰ โ€” MmowW Compliance Team

MmowW Compliance Team. Delivering accurate, up-to-date drone regulation guidance for commercial operators worldwide.

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This article is for informational purposes only and does not constitute legal, financial, or regulatory advice. Regulations change frequently โ€” always verify with the relevant aviation authority (CAA) for the most current requirements. MmowW automates compliance tracking but does not replace professional consultation where required by law.

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