Understanding BVLOS Operations and the Regulatory Landscape

What Is BVLOS?

Beyond Visual Line of Sight (BVLOS) operations refer to drone flights conducted without the pilot maintaining unaided visual contact with the aircraft at all times. Unlike standard operations under Part 107 where the pilot or a visual observer must keep the drone in sight, BVLOS flights rely on technological solutions—such as remote sensors, detect-and-avoid systems, and real-time telemetry—to maintain situational awareness and safety. These operations unlock significant commercial value: long-distance pipeline inspections, wide-area agricultural surveys, last-mile package delivery, and emergency response missions that would otherwise be impractical or costly.

The FAA’s Regulatory Framework for BVLOS

The Federal Aviation Administration (FAA) currently does not have a dedicated rule for BVLOS operations. Instead, operators must obtain authorization through one of several pathways:

  • Part 107 Waivers: The most common route is to apply for a waiver under 14 CFR §107.205, which allows deviations from the visual line-of-sight requirement. The FAA evaluates each waiver application on its own merits, requiring a detailed safety case.
  • Exemptions under Section 333 or other special authorities: In the past, the FAA granted exemptions for specific BVLOS use cases, but these are largely being consolidated into the waiver process.
  • Certificate of Waiver or Authorization (COA): Public entities (e.g., law enforcement, universities) can apply for a COA through the FAA’s airspace authorization system. Private operators typically use the DroneZone waiver portal.

The FAA’s Part 107 Waiver page provides official guidance. Operators should also review the recommendations from the BVLOS Aviation Rulemaking Committee (ARC), which proposed a new performance-based framework for routine BVLOS access.

Pre-Application Steps: Building a Compelling Safety Case

Determine Eligibility and Define the Operational Scope

Before writing a single page of documentation, clarify exactly what you intend to do. Identify the geographic area, altitude, mission type, drone model, and whether the flight will be over people or moving vehicles. The FAA will scrutinize these parameters to assess risk. A narrow, well-defined operation (e.g., inspecting a fixed 5-mile gas pipeline corridor over unpopulated farmland) is easier to approve than a broad, open-ended request.

Also verify that your drone meets airworthiness standards. While the FAA does not require type certification for most small UAS, you must be able to demonstrate that the system has been tested for BVLOS-specific functions like command-and-control link reliability, lost link procedures, and autonomous return-to-home.

Develop a Robust Safety Case

The safety case is the heart of your application. It must prove that your proposed operation achieves an equivalent level of safety (ELOS) to that provided by a pilot maintaining visual line of sight. The FAA expects you to address the following hazards:

  • Mid-air collisions – mitigated by detect-and-avoid (DAA) systems, airspace surveillance, and procedural separation.
  • Loss of control link – mitigated by reliable radio links, redundant modems, and pre-programmed contingency actions (e.g., fly to a safe altitude or return to launch).
  • Loss of GPS – mitigated by backup navigation sensors and safe landing procedures.
  • System failures – mitigated by pre-flight inspections and system health monitoring.

Quantify risks wherever possible. For example, show that the DAA system has been tested to detect a Cessna-sized aircraft at 2 miles in clear visibility, with a response time under 3 seconds. Reference published standards such as ASTM F3411 or RTCA DO-365 for DAA performance.

No BVLOS application succeeds without a credible technology solution. The FAA currently expects either an approved DAA system (like those integrating ADS-B IN, radar, or electro-optical sensors) or a combination of procedural methods (e.g., flying in restricted airspace, using ground observers along the flight path).

Command-and-control (C2) link reliability is equally important. You should demonstrate that the link maintains adequate performance at the maximum planned range and altitude, including in fringe coverage areas. The use of cellular 4G/5G for C2 is growing, but the FAA requires evidence that the network coverage is sufficient and that fallback to another link is available in outages.

The Application Process Step by Step

Using the FAA DroneZone Portal

All Part 107 waiver applications must be submitted via the FAA DroneZone website. Create an account, select “Apply for a Part 107 Waiver,” and choose “Operation over people” or “BVLOS” as appropriate. The application form will ask for basic information about your organization, aircraft, and operational area, followed by an attachment section for your supporting documentation.

Do not paste large blocks of text into the form fields; instead, upload a well-structured PDF containing your safety case, operations manual, and any test reports. The FAA recommends concise writing—generally no more than 50 pages for a single BVLOS request, though complex operations may require more.

Required Documentation

A complete application typically includes:

  • Safety Risk Assessment (SRA): A formal hazard analysis using a methodology such as FAA Order 8040.4 or the System Safety Handbook. Identify each hazard, its cause, severity, likelihood, and the mitigation that brings risk to an acceptable level.
  • Operations Manual: A detailed document covering pre-flight procedures, crew roles (pilot-in-command, visual observers, remote operators), normal operating procedures, emergency procedures (lost link, flyaway, system failure), and post-flight actions.
  • Technical Specifications: Data sheets for the drone, DAA system, radio links, and ground control station, plus evidence of successful testing (e.g., flight logs, test reports, certification letters).
  • Pilot Training and Qualification Records: Proof that all remote pilots hold a current Part 107 certificate and have completed additional training specific to BVLOS operations (e.g., simulator sessions, system-specific courses, currency requirements).
  • Map or Airspace Analysis: Show the intended flight area, any controlled airspace, altitudes, and proximity to airports or obstacles. The FAA will check for conflicts with manned aviation.

Engaging with the FAA During Review

After submission, your application enters a queue reviewed by the FAA’s Unmanned Aircraft Systems Integration Office (AFS-80). Review times vary—simple applications may be processed in 60–90 days, while complex ones can take six months or longer. During the review, an FAA specialist may contact you with questions or requests for additional data. Respond promptly and thoroughly; delays in answering can reset the review clock.

It is highly recommended to engage with the FAA before submitting a formal application. Many operators join the FAA’s BVLOS UAS Test Site program or participate in industry working groups to build relationships and demonstrate their technology under FAA oversight. Even a single pre-application meeting with the local FAA Flight Standards District Office (FSDO) can clarify expectations and identify gaps early.

Key Components That Make a Successful Application

Safety Risk Assessment: The Make-or-Break Section

The FAA treats the SRA as the cornerstone of the waiver. A weak SRA is the most common reason for denial. Your assessment must be specific to your aircraft, environment, and procedures. Generic hazards (“the drone might crash”) with generic mitigations (“pilots will follow checklists”) are insufficient. Instead, use a structured approach like:

  1. Hazard identification (e.g., “failure of primary DAA sensor while in uncontrolled airspace with conflicting traffic”).
  2. Risk evaluation (e.g., “likelihood = Probable, severity = Catastrophic, initial Risk Level = High”).
  3. Mitigation description (e.g., “redundant DAA sensor, operational limits to avoid Class B airspace, visual observers at fixed positions, and an immediate return-to-base command if both sensors fail”).
  4. Residual risk grading (“after mitigation, likelihood = Remote, severity = Catastrophic, Risk Level = Medium”).

Provide quantitative evidence: flight hours without incident, DAA detection ranges, link reliability percentages, and simulator data. The FAA also looks for operational limits that reduce exposure time—for example, limiting BVLOS operations to daylight hours and good weather conditions.

Operations Manual: Realistic and Actionable

Your operations manual should be a living document, not a theoretical exercise. Include decision trees for emergency scenarios: if the C2 link is lost for 5 seconds, do you immediately trigger the lost link action? At 10 seconds? How does the system decide whether to return to base or land at a pre-surveyed safe zone?

Also define the role of visual observers (VOs) if used. Many operators initially plan BVLOS without any VOs, but the FAA often requires at least one VO positioned at a strategic viewpoint along the flight path. The manual should detail VO qualifications, communication protocols with the pilot, and handoff procedures if the flight crosses a sector.

Pilot Training and Currency

Part 107 remote pilot certification is a minimum. For BVLOS, the FAA expects additional training such as:

  • Technology-specific training on the DAA system and C2 link.
  • Emergency procedures simulation (e.g., partial system failures).
  • Risk management and decision-making exercises (e.g., using the FAA’s Risk Management Matrix).

Document all training in pilot records and include a plan for recurrent training (e.g., every 6 months). The FAA may also require a period of supervised operations—for instance, the first 10 BVLOS flights must be observed by a safety officer or second pilot before the operator can fly solo.

Common Challenges and How to Overcome Them

Challenge: “My waiver was denied because the safety case was incomplete.”
Solution: Use the FAA’s template examples (available in the DroneZone guidance documents) and have an experienced aviation safety consultant review your SRA before submission. Many denials stem from failing to address all possible conflict scenarios—especially encounters with manned aircraft.

Challenge: “I can’t get approval to fly over populated areas BVLOS.”
Solution: Start with over-unpopulated or sparsely populated areas. Build a track record with simpler operations, then gradually expand your waiver scope. The FAA is more likely to grant over-population access after you have demonstrated safe BVLOS operations for hundreds or thousands of hours in lower-risk environments.

Challenge: “The review process is taking too long.”
Solution: Submit a complete application with every required detail upfront. Incomplete submissions require back-and-forth correspondence that can extend the timeline by months. Also, consider applying for a 90-day waiver extension or a blanket COA for routine, low-risk BVLOS operations if your mission fits the criteria.

Recent Developments and the Future of BVLOS Authorization

The FAA published an Advanced Notice of Proposed Rulemaking (ANPRM) in January 2023 seeking public comment on a new regulatory framework for BVLOS. The rulemaking process is ongoing, but the agency has indicated it plans to create a performance-based standard that would allow routine BVLOS without individual waivers—provided the operator meets specified safety thresholds (e.g., reliable DAA, robust C2 link, and comprehensive training).

Meanwhile, the FAA has expanded its BEYOND program (successor to the UAS Integration Pilot Program) to test BVLOS at scale. Several companies have received exemptions or waivers that allow limited commercial BVLOS, such as medical delivery in controlled corridors. The agency also recently approved a drone delivery BVLOS waiver for a national retailer, signaling growing confidence in approved systems.

Operators should monitor the FAA’s BVLOS information page for updates. Industry groups like the Small UAV Coalition and AUVSI also publish advocacy guidelines that reflect the evolving regulatory landscape.

Conclusion

Obtaining FAA authorization for BVLOS operations remains one of the most demanding tasks in the drone industry, but it is far from impossible. The key is a methodical approach: define a narrow operational scope, build a data-driven safety case that addresses every conceivable risk, choose mature DAA and C2 technologies, and engage early and often with FAA specialists. Every approved BVLOS waiver advances the collective knowledge base—and brings the industry closer to a future where these flights are as routine as they are valuable.