Part 108: What the FAA's PROPOSED BVLOS Rule Means for Drone Pilots

Part 108 is a proposed FAA rule that would let drones routinely fly beyond visual line of sight (BVLOS) without a one-off waiver for every operation. It is a proposal, not law. The comment period has closed and no final rule has been published. Here is what it is and who it affects, plus a straight answer on where it really stands.

(General information, not legal advice. Part 108 is still in rulemaking and this is a moving target. Always confirm the current status against official FAA sources at faa.gov.)

The short version

Part 108 is the FAA's attempt to create a standing set of rules for beyond-visual-line-of-sight flying, so qualified operators can do it routinely instead of getting a slow, case-by-case waiver each time. The proposal is out and the public has commented. Now everyone is waiting on the FAA to publish the final rule.

If you fly commercially today, here is the headline: Part 107 is not going away, and you should still get it now. Part 108 is a separate framework for one specific kind of flying. Part 107 is still the entry point, and it is the smart move whether or not you ever fly BVLOS.

What "beyond visual line of sight" actually means

Under today's Part 107 rules, you have to keep your drone within your own visual line of sight, or a visual observer's. That single requirement is what blocks a lot of high-value work: long pipeline and power-line inspections, package delivery, large-area mapping, and drones flown from miles away or fully automated.

Right now, if you want to fly BVLOS, you need a specific FAA waiver. Those are slow and case by case. Part 108 is the FAA's attempt to normalize BVLOS: a standing set of rules so qualified operators can do it routinely, the way Part 107 normalized standard commercial drone flights back in 2016.

Who Part 108 is really for

BVLOS is where the big commercial money is heading, so Part 108 matters most to:

• Infrastructure inspection along power lines, pipelines, rail, and roads.
• Package and medical delivery.
• Large-scale mapping and agriculture.
• Public safety drone-as-first-responder programs.
• Companies building automated, drone-in-a-box operations.

If your work is real estate photos, roof inspections, events, or small mapping jobs, you can do almost all of it under Part 107 today. Part 108 is the door to the longer-range, higher-volume stuff.

Where it stands right now (2026)

Here is the honest timeline, because a lot of sites state it too confidently:

Rulemaking identifiers, so you can check any of this yourself: RIN 2120-AL82, docket FAA-2025-1908.

• August 7, 2025: the FAA published the Part 108 proposed rule (the NPRM) in the Federal Register.
• October 6, 2025: the first comment period closed.
• January 28, 2026: the FAA reopened the comment period. In doing so it noted that more than half of the roughly 3,100 comments received addressed the right-of-way proposals.
• February 11, 2026: the reopened comment window closed.
• Today: no final rule has been published in the Federal Register. Part 108 is still a proposed rule.

What happens next, and when, is not publicly knowable. A proposed rule becomes binding when a final rule publishes in the Federal Register, and the FAA has not published one. Anyone giving you a date is guessing. We would rather tell you we don't know than imply otherwise, so this page states the record and nothing beyond it, and we update it when the record changes. If you want to hear the day it does, the box below is the only thing on this page that asks for anything.

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Does Part 108 change anything for Part 107 pilots?

Mostly no, with one thing worth knowing:

• Part 107 stays. It remains the certificate for standard commercial drone work within visual line of sight.
• The proposal does touch one right-of-way rule (the "who yields to whom" rules) so that manned and unmanned traffic rules line up. If the final rule changes that, it is a small update to how you think about yielding, not a new test.
• You will not need Part 108 for the everyday commercial flying most new pilots start with.

There is no Part 108 certificate to buy yet

Worth saying plainly, because the searches are already out there: there is no Part 108 certificate to hold today, and no test to sit for one. A certificate exists once a final rule creates it, and no final rule has published. If you are offered a Part 108 licence, certification or exam-prep course right now, check the Federal Register links in the Sources section below before you pay for anything. Whatever the final rule turns out to require, it does not exist to be sold today.

What to do now

1. Get your Part 107. It is the foundation for everything, required for commercial work today, and the prerequisite mindset for whatever BVLOS framework lands.
2. Start earning now. You do not need to wait for Part 108 to build a real drone business. Real estate, inspection, mapping, and events are all open to you under Part 107.
3. Stay current. When Part 108 is final, the pilots who already understand the airspace and the rules will be first in line. Learn the fundamentals now so you are ready to add BVLOS later.

Frequently asked questions

Is Part 108 the same as Part 107?
No. Part 107 covers standard commercial drone flights within visual line of sight. Part 108 is a separate proposed framework for routine beyond-visual-line-of-sight flights.

Will Part 108 replace Part 107?
No. The current expectation is that Part 108 sits alongside Part 107, not in place of it.

When does Part 108 take effect?
It doesn't yet, and no date is publicly knowable. Part 108 is a proposed rule; no final rule has been published in the Federal Register. Check the docket (FAA-2025-1908) or faa.gov for the current status.

Do I need Part 108 to make money with a drone?
No. Most commercial work new pilots do is allowed under Part 107 today.

Should I wait for Part 108 before getting certified?
No. Get your Part 107 now. It is required for commercial work and it is the foundation for whatever comes next.

Sources

• FAA, Unmanned Aircraft Systems (BVLOS rulemaking and fact sheets): faa.gov/uas
• Federal Register, the Part 108 BVLOS proposed rule (NPRM), 7 August 2025. RIN 2120-AL82, docket FAA-2025-1908: federalregister.gov/documents/2025/08/07/2025-14992
• Federal Register, reopening of the comment period, 28 January 2026: federalregister.gov/documents/2026/01/28/2026-01644
• Federal Register, all BVLOS documents (check here for a final rule): federalregister.gov

This article is general information, not legal advice, and Part 108 is not final. Verify the current rule and its requirements against official FAA sources at faa.gov.