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

Table of Contents

1. What Is BVLOS and Why It Matters
2. The Current Rule: §107.31 Visual Line of Sight
3. Today's Waiver Path Under §107.200
4. Historical Waiver Grants
5. Part 108: The Proposed BVLOS Framework
6. The BEYOND Program
7. Practical Path: Today vs. the Future
8. Frequently Asked Questions
9. Summary

What Is BVLOS and Why It Matters

Beyond Visual Line of Sight (BVLOS) means operating a drone at distances where the remote pilot in command (RPIC) can no longer see the aircraft with unaided vision (corrective lenses are permitted; binoculars are not). Under standard Part 107 operations, the RPIC or a designated visual observer (VO) must maintain visual contact with the drone at all times. BVLOS is the capability that separates limited local operations from scalable commercial applications. Consider the difference:

Operation	VLOS Limitation	BVLOS Potential
Pipeline inspection	~1,500 ft segments, reposition crew constantly	50+ miles of continuous corridor flight
Agricultural survey	One field at a time, pilot on-site	Entire farm operation from a single launch point
Package delivery	Impractical — pilot must follow drone	Autonomous route from warehouse to doorstep
Search and rescue	Limited radius from pilot position	Wide-area sweep patterns over miles

The Current Rule: §107.31 Visual Line of Sight

14 CFR §107.31 states that the RPIC must be able to see the unmanned aircraft throughout the entire flight without the aid of any device other than corrective lenses. A visual observer may assist, but cannot replace the RPIC's overall situational awareness responsibility. Key constraints under VLOS:

• The RPIC or VO must see the drone at all times.
• Maximum practical range is typically 1,500–3,000 feet depending on aircraft size, weather, and terrain.
• VO cannot use optical aids (binoculars, monitors) to extend range.
• First-person view (FPV) does not satisfy the VLOS requirement — it supplements but does not replace unaided visual contact.

Today's Waiver Path Under §107.200

The only current path to legal BVLOS operations is a waiver issued under 14 CFR §107.200. The applicant must demonstrate that the proposed operation can be conducted safely despite deviating from §107.31.

What the FAA Evaluates

The waiver application must address:

1. Risk mitigation — How will you detect and avoid other aircraft, people, and obstacles without visual contact?
2. Operational area — Detailed description of the geographic area, airspace classification, and ground risk.
3. Aircraft capability — Equipment specifications including DAA sensors, command-and-control (C2) link reliability, and lost-link procedures.
4. Personnel qualifications — RPIC training beyond standard Part 107 certification.
5. Contingency procedures — What happens when the C2 link is lost? When DAA detects traffic? When weather changes?

Application Process

Applications are submitted through the FAA DroneZone portal. There is no fee for the waiver application itself, but the review process is lengthy.

Historical Waiver Grants

BVLOS waivers are rare. The FAA has granted them primarily in controlled, lower-risk environments:

• Infrastructure inspection — Pipeline and power line corridors in rural areas with minimal population density. Companies operating over their own property or right-of-way have had better success.
• Agriculture — Large-scale crop monitoring and spraying operations over farmland with low ground risk.
• Research and development — FAA-designated UAS test sites and participants in formal programs like BEYOND.
• Public safety — Law enforcement and emergency management agencies operating under Certificate of Authorization (COA) rather than Part 107 waivers.

Part 108: The Proposed BVLOS Framework

Legislative Mandate

Section 932 of the FAA Reauthorization Act of 2024 (Pub.L.118-63) directed the FAA to establish regulations enabling routine BVLOS operations. In August 2025, Secretary Duffy initiated the Part 108 Notice of Proposed Rulemaking (NPRM).

Proposed Framework Elements

The Part 108 NPRM proposes a structured, scalable framework rather than the case-by-case waiver approach:

1. Airworthiness Certification

Two pathways are proposed:

• Declaration of Compliance (DOC) — For operations with lower overall risk profiles. The manufacturer or operator declares that the aircraft meets specific performance standards.
• Special Airworthiness Certificate — For higher-risk operations or larger aircraft. Involves formal FAA airworthiness review and certification.

2. Detect-and-Avoid (DAA) Equipment

The proposed rule establishes performance standards for DAA systems rather than mandating specific technology. DAA systems must be capable of:

• Detecting cooperative traffic (ADS-B equipped aircraft).
• Detecting non-cooperative traffic (aircraft without ADS-B, birds, obstacles).
• Providing the RPIC or autonomous system sufficient time to execute avoidance maneuvers.

3. Operational Requirements

• Command-and-control link performance standards (latency, reliability, encryption).
• Lost-link procedures with defined return-to-home or hold behaviors.
• Airspace integration requirements including communication with ATC when operating in controlled airspace.
• Ground risk mitigation for operations over populated areas.

4. Pilot Qualifications

Enhanced training and certification requirements beyond the standard Part 107 Remote Pilot Certificate are expected.

Expected Timeline

The rulemaking process involves multiple stages:

Stage	Estimated Timing
NPRM published	August 2025
Public comment period	60–90 days after publication
Review of comments	Several months
Final rule publication	2026–2027 (estimated)
Compliance date	Likely 12–24 months after final rule

The BEYOND Program

The FAA BEYOND program is the successor to the Integration Pilot Program (IPP) and UAS Integration Pilot Program (UAS IPP). It partners with industry participants to collect operational data that directly informs rulemaking, including Part 108. Program focus areas:

• BVLOS operational procedures and safety data.
• DAA technology performance in real-world conditions.
• Community engagement and public acceptance measurement.
• Shielded operations (flying over or near structures) data collection.

BEYOND participants operate under enhanced waivers with dedicated FAA oversight. The data generated feeds directly into the performance standards being proposed under Part 108. More information is available at the FAA BEYOND program page.

Practical Path: Today vs. the Future

If You Need BVLOS Today

1. Assess feasibility — BVLOS waivers are most likely to be approved for operations in rural areas, over unpopulated terrain, at lower altitudes, and with robust DAA technology.
2. Invest in technology — Ground-based radar, ADS-B In receivers, and onboard DAA sensors strengthen your application.
3. Apply through DroneZone — Submit a detailed waiver application under §107.200 addressing all five evaluation areas listed above.
4. Prepare for conditions — Even if approved, expect operational restrictions that limit the scope of what you can do.
5. Document everything — The FAA values operational data. Meticulous records of VLOS operations demonstrate professionalism and safety culture.

When Part 108 Arrives

1. Certify your aircraft — Either through DOC or Special Airworthiness Certificate, depending on your operation's risk profile.
2. Equip with compliant DAA — Ensure your DAA system meets the published performance standards.
3. Complete enhanced training — Obtain whatever additional certification Part 108 requires.
4. Scale operations — With regulatory approval, BVLOS operations become a standard capability rather than an exception.

Frequently Asked Questions

Summary

BVLOS operations under the current framework require a §107.200 waiver — a difficult, time-consuming process with no guaranteed outcome. The FAA has granted these waivers primarily for infrastructure inspection, agriculture, and research in low-risk environments. Part 108, mandated by Section 932 of the FAA Reauthorization Act of 2024 and initiated by Secretary Duffy in August 2025, will establish a scalable regulatory framework with airworthiness certification, DAA performance standards, and enhanced pilot qualifications. The final rule is expected between 2026 and 2027. For operators planning BVLOS capability, the practical approach is to build technology infrastructure, document safety data from current VLOS operations, and monitor Part 108 progress closely.

References

1. 14 CFR §107.31 — Visual Line of Sight Aircraft Operation: ecfr.gov
2. 14 CFR §107.200 — Waiver Policy and Requirements: ecfr.gov
3. FAA Reauthorization Act of 2024, Section 932 (Pub.L.118-63): congress.gov
4. FAA BVLOS Overview: faa.gov/newsroom/beyond-visual-line-sight-bvlos
5. FAA BEYOND Program: faa.gov/uas/programs_partnerships/beyond
6. FAA DroneZone: faadronezone-access.faa.gov

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