Drone Regulations
Flying BVLOS Without a Waiver in the US – Is It Legal?
Flying BVLOS without a waiver in the US is one of the most misunderstood topics in commercial drone operations. Under current FAA rules, the short answer is clear: no, you cannot conduct standard BVLOS operations under Part 107 without an FAA waiver or specific authorization.
That’s not a grey area. It’s written directly into the regulation.
Flying BVLOS Without a Waiver in the US – What Part 107 Says
The governing regulation is 14 CFR §107.31 – Visual Line of Sight Aircraft Operation under 14 CFR Part 107, enforced by the Federal Aviation Administration (FAA).
Part 107 requires that the remote pilot in command or visual observer must maintain visual line of sight (VLOS) with the aircraft at all times.
You can verify this directly here:
Under §107.31, if you lose unaided visual line of sight, you are no longer compliant.
Therefore, flying BVLOS without a waiver under standard Part 107 authority is not legal.
What Counts as BVLOS?
BVLOS (Beyond Visual Line of Sight) means the aircraft is no longer visible to the pilot or visual observer without the use of binoculars or other vision-enhancing devices.
Relying on:
- The camera feed
- FPV goggles
- Radar or telemetry alone
does not satisfy the VLOS requirement under Part 107.
If you cannot see the aircraft with your own eyes (or with a properly positioned visual observer maintaining VLOS), the operation becomes BVLOS.
How Waivers Work Under Part 107
The FAA does allow deviation from §107.31 through a waiver process.
To legally fly BVLOS under Part 107, an operator must:
- Apply for and receive an FAA waiver
- Demonstrate equivalent level of safety
- Implement mitigation measures (detect-and-avoid systems, operational constraints, risk analysis)
Waivers are not automatic. They are issued based on operational complexity and safety case strength.
Without that waiver approval in hand, BVLOS is not permitted.
What About Part 108?
The FAA has been working toward expanded BVLOS authority through rulemaking initiatives often referred to in connection with Part 108.
However, as of current FAA regulatory structure, broad BVLOS operations are not automatically authorized under a finalized Part 108 framework.
Until formal BVLOS rule updates are fully implemented and published in the Federal Register, operators remain bound by existing Part 107 requirements.
In other words: unless your operation falls under a specific exemption, waiver, or approved regulatory framework, you still need authorization.
Are There Any Exceptions to Flying BVLOS Without a Waiver in the US?
Yes — but they are limited and formal.
BVLOS may be conducted legally under:
- A granted Part 107 waiver
- Certain FAA-approved exemptions (such as those under Section 44807 for specific operators)
- Public aircraft operations (law enforcement, certain government missions)
None of these pathways are informal.
If you are operating commercially and do not have written authorization, assume BVLOS is not permitted.
Enforcement Reality in the US
The FAA treats BVLOS violations seriously because they remove the fundamental see-and-avoid principle embedded in Part 107.
Operating BVLOS without authorization may result in:
- Civil penalties
- Certificate action
- Enforcement investigation
- Increased liability exposure in the event of an incident
Because BVLOS introduces collision risk with crewed aircraft, enforcement scrutiny is higher.
Practical Professional Standard
Professional operators treat BVLOS as a regulatory threshold, not a technical capability question.
Just because your aircraft can fly miles away does not mean you are legally allowed to do so.
Before conducting any operation where the aircraft will leave visual line of sight, confirm:
- Whether you are operating under a granted waiver
- Whether you are covered under a specific FAA exemption
- Whether updated BVLOS rules apply to your operation
If none of those apply, remain within VLOS.
Frequently Asked Questions About Flying BVLOS Without a Waiver in the US
Can I use a visual observer to extend range?
Yes, but the aircraft must remain within visual line of sight of either the pilot or visual observer at all times.
Does FPV satisfy VLOS?
No. The FAA requires unaided visual contact.
Are waivers common?
They are issued, but only after safety demonstration.
Will future rules eliminate the waiver requirement?
Future BVLOS rulemaking is under development, but operators must follow current law until officially updated.
Helpful Tools
- Full Canada drone regulations
- Test your knowledge
- Check mission legality instantly
- Pre-Flight Checklist
- Review Transport Canada guidance
FlyEye Perspective on Flying BVLOS Without a Waiver in the US
Flying BVLOS without a waiver in the US is not a technical debate — it’s a regulatory one.
Until the FAA formally expands BVLOS authority through finalized rulemaking, the default position remains simple:
No waiver, no BVLOS.
