BVLOS Without Waiver? The Biggest “Gotcha” Most Drone Pilots Missed
Flying BVLOS without waiver approval is what most drone pilots assume is illegal. Part 107 is clear about keeping your aircraft in your visual line of sight. But the rules carry more nuance than a simple yes or no.
There are legal edge cases, specific exemptions, and a fast-changing regulatory landscape. Even experienced pilots get tripped up by them. If you have been treating “BVLOS” and “illegal” as the same thing, keep reading.
What BVLOS Means Under Part 107
BVLOS stands for Beyond Visual Line of Sight. It covers any flight where neither pilot nor visual observer can see the aircraft with unaided eyes. This is not just about how far away the drone flies. It is about maintaining direct visual contact throughout the entire operation.
Part 107 requires pilots to fly within the visual line of sight during all commercial small UAS operations. You must be able to see your drone well enough to determine its orientation, altitude, and position. This FAA requirement has been in effect since 2016. When a pilot loses sight of the drone, the waiver process comes into play.
The Visual Observer Misunderstanding
Many pilots assume that adding a visual observer (VO) to the team makes longer-range flights automatically legal. That is partly true, but it only holds within specific limits.
A VO must maintain direct, unaided visual contact with the aircraft at all times. They cannot use binoculars to extend their range. They also cannot relay visual information from a spot where the drone is no longer visible. Once the VO loses sight of the aircraft, the flight becomes a BVLOS operation. This applies regardless of what the pilot can still see from their position.
Some pilots try chaining multiple VOs across a long flight corridor. They believe this workaround avoids the need for a BVLOS waiver. FAA guidance does not automatically approve this setup under standard Part 107. A proper waiver is still required for that kind of operation.
BVLOS Without Waiver: Where the Rules Get Gray
Most online sources say all BVLOS operations require a waiver. That is not entirely accurate. A few specific situations allow for BVLOS without waiver under current FAA rules. Most pilots have never come across these exceptions.
Shielded Operations
The FAA recognizes “shielded operations.” These are flights that happen inside or very close to structures that block the aircraft from the general airspace. Think flying inside a building, inside a hangar, or inside a confined space like a silo.
In those situations, the drone may leave the pilot’s direct line of sight. But the operation falls under Part 107 because the structure shields it from the national airspace. The FAA has not traditionally required a BVLOS waiver for these flights. It remains a gray zone. Many operators doing aerial drone work in industrial settings do not know this option exists.
Public Safety Certificates of Authorization
Public agencies, such as fire departments and law enforcement, skip the standard Part 107 BVLOS waiver process. They operate instead under Certificates of Authorization (COAs). A COA gives public operators a separate approval pathway for flying beyond visual line of sight. This covers operations like search and rescue, wildfire monitoring, and infrastructure surveillance.
You may watch drone footage from emergency response work and assume a BVLOS waiver is behind it. In many cases, those operators fly under a COA instead. A COA carries its own requirements and restrictions separate from the waiver system.
The Recreational Pilot Confusion
Recreational flyers under the Exception for Limited Recreational Operations (ELRO) follow community-based safety guidelines, not Part 107. The BVLOS waiver system does not apply to them through the same channel. But flying beyond the visual line of sight as a recreational pilot is still prohibited. The rule language just differs from what commercial operators face.
Many hobbyists assume the Part 107 BVLOS waiver is irrelevant to them. Flying BVLOS without proper authorization is still illegal for recreational pilots. It is governed through a separate ruleset. This is especially important to know as drone regulations continue to tighten across all operator categories.
The Real State of BVLOS Waivers Right Now
For most commercial operators, BVLOS without waiver is not a legal option under current Part 107 rules. Outside those exceptions, the waiver remains the only clean legal path for flying beyond line of sight.
The BVLOS waiver process is slow and resource-heavy. The FAA requires applicants to prepare and submit several items before any approval can move forward. That list generally covers the following areas.
- A detailed safety case showing the aircraft can detect and avoid other aircraft in the airspace
- Documentation covering how the drone handles a complete communication loss during flight
- Full emergency procedures documentation covering the planned operation from start to finish
- Real-world flight data that directly supports the safety case submitted to the FAA
Most independent operators do not have the capacity to build that kind of submission. That is a major reason BVLOS waiver approvals have remained concentrated among large players. The FAA’s BEYOND program expanded BVLOS testing with partners like UPS Flight Forward and FedEx. But the reach stayed narrow. DOT Inspector General data shows that two operators accounted for over 80 percent of BVLOS program flights in 2024. That shows just how concentrated access has been up to this point.
BVLOS waiver access is real, but it has largely stayed out of reach for smaller teams. For pilots tracking current drone laws, the bigger answer to the access problem lives inside Part 108.
Part 108: How BVLOS Rules Are About to Change
The FAA released a Notice of Proposed Rulemaking for Part 108 in August 2025. This is the biggest proposed shift in drone rules since Part 107 launched in 2016. Part 108 aims to build a standardized, scalable pathway for BVLOS drone operations. Operators would no longer need to apply for individual waivers before every mission.
Here is what the core proposals inside Part 108 cover.
- The rule creates two separate approval paths. Lower-risk operations can qualify for an operating permit. Higher-risk flights over populated areas or with heavier aircraft require a full operating certificate.
- Drones must carry Detect and Avoid (DAA) systems and use Remote ID. They also need to connect with approved UAS Traffic Management services on every BVLOS operation.
- The proposed aircraft weight limit has been raised to 1,320 pounds. This is a dramatic jump from the current 55-pound cap under Part 107.
- Each drone would need a declaration of compliance, verified through an FAA web portal. This replaces the traditional airworthiness certification process.
This directly affects operators doing aerial photography and those running commercial drone delivery services. The public comment period closed in October 2025. A final rule is expected in early 2026, based on the executive order’s 240-day timeline.
What Part 108 Means for Working Pilots
Part 108 will not take effect the moment the final rule is published. A transition period follows, during which manufacturers establish their declarations of compliance. Operators also move through the certification process during that window. Existing Part 107 and Part 91 waivers stay valid throughout. If you already hold a BVLOS waiver, your approved operations continue without interruption.
Part 108 does not require the Part 107 Remote Pilot Certificate for pilots entering the industry. The proposed rule introduces roles like Operations Supervisor and Flight Coordinator instead. Training for those roles comes from your organization, not from an FAA knowledge test.
BVLOS Without Waiver and What Part 108 Makes Possible
Part 108 is built around making BVLOS without waiver the standard for qualified operators. Operators get certified once up front, rather than building a safety case for each mission. From there, they run BVLOS operations repeatedly within the scope of their approval. There is no need to return to the FAA before each new flight.
For industries like precision agriculture, infrastructure inspection, and public safety, this changes the operating model entirely. It also opens new territory for photographers and filmmakers doing ambitious aerial work. It creates new possibilities for those pushing into drone videography at a professional level. Mission types that are not financially viable today become realistic with routine BVLOS access.
The FAA’s BVLOS framework aims to standardize waiver safety data for all operators. Part 108 is the legal vehicle for making that happen at scale.
The 2025 Executive Order and Where This Is Heading
On June 6, 2025, the President signed an executive order called “Unleashing American Drone Dominance.” The order directed the FAA to finalize BVLOS rules within 240 days. It also pushed the agency to use AI to speed up Part 107 waiver reviews. It prioritized U.S.-made drone components and called for wider drone use in public safety operations.
For pilots, this shift is meaningful. Waiver review times are expected to drop noticeably. The push toward routine BVLOS operations is gaining real political weight. Flying BVLOS without waiver authorization is still not an option for most operators today. But the gap between now and normalized access is clearly shrinking.
Pilots who want to stay ready should build skills in long-range flight planning and DAA technology now. The DJI Mavic Pro 4 and newer platforms like those from Antigravity are already pushing hardware limits. The regulatory framework is catching up faster than many pilots expected.
What to Do as a Pilot Right Now
The primary legal path for commercial pilots remains the Part 107 BVLOS waiver. The FAA expects AI-assisted review to speed up processing times going forward. If applying felt out of reach before, it is worth taking another look now.
For pilots preparing for Part 108, here are the steps worth taking before the final rule lands.
- Research on which current aircraft carry Detect and Avoid systems and how those systems perform in the field
- Review and strengthen your operations documentation before the certification process begins
- Track the FAA’s Part 108 rulemaking timeline and any guidance released through 2026
- Study safety cases from existing BVLOS waiver holders to understand what strong documentation looks like
Flying BVLOS without a waiver or qualifying exception remains illegal. One drone pilot was fined over $231,000 for illegal drone flight overseas. U.S. enforcement is equally real. The cost of cutting corners far outweighs any short-term gain. Knowing where the gray zones exist puts you in a stronger position as a pilot. That knowledge is worth building now.