Part 107 covers today’s standard commercial drone rules: a certified pilot, visual line of sight, and a 55-pound weight cap under 400 feet. BVLOS, or beyond visual line of sight, requires an individual FAA waiver today. The FAA’s Part 108 rule would replace that waiver process with standing rules, but it remains unpublished as of August 2026.
Updated August 26, 2026: Part 108 remains at the White House’s Office of Information and Regulatory Affairs for review, six months past its original February 2026 target. We’ll update this page again once a final rule actually publishes.
What does Part 107 actually require today?
A Remote Pilot Certificate is the starting point. Pilots pass a 60-question FAA knowledge test at an approved testing center, pay a $175 fee, and need a 70% score. Minimum age is 16. Recurrent training is required every 24 months, and it’s free and online.
Operating rules follow from there. Maximum altitude is 400 feet AGL, or within 400 feet of a structure. The aircraft must stay within visual line of sight of the pilot or a designated visual observer at all times. Weight is capped at 55 pounds including payload. Controlled airspace near airports requires prior authorization, usually granted in near-real-time through the FAA’s LAANC system.
Can Part 107 pilots already fly at night or over people?
Yes, in both cases, without a waiver. That’s changed since the rule first took effect. Night operations are allowed as long as the aircraft has anti-collision lighting visible for at least 3 statute miles, and the pilot has completed updated recurrent training. Operations over people follow a categorical system instead of a blanket waiver. Category 1 drones are under 250 grams with no exposed parts that could lacerate skin. They can fly over people with no waiver at all. Heavier or higher-risk categories have their own specific requirements.
What does BVLOS actually mean, and why does it need a waiver?
BVLOS means flying farther than the pilot or a visual observer can see the aircraft unaided. Standard Part 107 rules require constant visual contact. Any BVLOS flight today needs an individual waiver under Part 107.200, plus proof of an equivalent level of safety. That’s a slower, case-by-case process, not a standing rule operators can rely on by default.
Is Part 108 actually going to replace this waiver system?
That’s the plan, but it isn’t finalized. The FAA’s Notice of Proposed Rulemaking published in August 2025, drawing nearly 3,100 public comments. The final rule reached the White House’s Office of Information and Regulatory Affairs for review on July 10, 2026. It remained there as of early August 2026, six months past its original target date. DOT Secretary Sean Duffy has said the delay is deliberate. He says it’s meant to avoid locking today’s technology into a rule built to last decades. Zipline’s CEO has publicly warned the continued delay is freezing investment in the industry. Operators need regulatory certainty to plan around.
Which one actually applies to your operation?
If your drone stays within your own or an observer’s sight, under 400 feet, and under 55 pounds, standard Part 107 rules apply. You don’t need to think about BVLOS at all. If your job requires flying farther than you can see it, like long pipeline or power line inspection, wide-area agricultural survey work, or long-range delivery, you need an individual BVLOS waiver today. Watch for Part 108’s eventual publication to know if standing rules become available instead.
Countries outside the US have moved on similar frameworks at different speeds. Canada’s own medium-drone BVLOS rules already took effect in November 2025. And if BVLOS work is part of a paying job, factor in typical commercial drone service pricing before quoting a client.
Sources: FAA Part 107 Summary, FAA Operations Over People, DroneXL on the Part 108 delay.
