Expert Opinions on the FAA's Beyond Visual Line of Sight (BVLOS) Regulation
New FAA BVLOS Rule Opens Doors for Expanded Drone Operations
The Federal Aviation Administration (FAA) has announced the launch of its Beyond Visual Line of Sight (BVLOS) rule, a significant step forward for the drone industry. Under this new regulation, drone operators can fly beyond their line of sight without needing special permissions for each mission.
The rule, which is now live, calls for the creation of a new category of company: an Automated Data Service Provider (ADSP). ADSPs will provide real-time data to drone operators to ensure safety, sharing weather, real-time traffic, airspace, and other information.
To operate under the BVLOS rule, companies and organizations, referred to as operators in the rule, can obtain either a Part 108 permit for smaller, less risky BVLOS operations or a Part 108 certificate for larger, more complex BVLOS operations.
The rule mandates the use of Unmanned Traffic Management (UTM) systems to ensure safe drone separation from crewed aircraft in shared airspace. All drones flying BVLOS must also be equipped with onboard detect-and-avoid technology.
The role of Remote Pilot in Command (RPIC) is replaced or supplemented by a "Flight Coordinator" who oversees autonomous operations. The FAA has also created another rule called the Part 146, detailing the requirements for a company to be designated an authorized ADSP.
Experts appear cautiously optimistic about the new regulations, recognizing the need for specialized pilot qualifications and the potential for expanded commercial and government drone operations. However, they also acknowledge challenges for smaller operators and individual pilots, as the cost and complexity of certification-along with requirements to manage compliance-could favor larger companies with more resources.
The Association for Unmanned Vehicle Systems International (AUVSI) has issued a public statement about the FVSS's BVLOS rule. AUVSI's statement highlights the pros and cons of the corporate-centric framework in the BVLOS rule, noting that it could favor larger companies with more resources while streamlining regulatory compliance.
The public comment period for the FAA's BVLOS rule is open until October 6, 2025. To submit comments, individuals, businesses, advocacy groups, or any interested stakeholders can go to the FAA's website and follow the provided instructions.
Matt Sloane, Co-Founder and Chief Strategy Officer of SkyfireAI, has expressed concern that this technology could put a significant burden on manufacturers and operators. He raises questions about the feasibility and cost of implementing these advanced systems, particularly for smaller companies.
The new BVLOS rule shifts responsibility for BVLOS operations from individual drone pilots to companies and organizations. This rule paves the way for a future where drones can fly highly automated BVLOS missions with little or no direct pilot intervention.
However, with the deadline for timely participation and the public comment period approaching, it remains to be seen how the final version of the rule will address the concerns of smaller operators and individual pilots, and whether it will truly create a level playing field for all players in the drone industry.
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