With Part 108 still at proposal stage — it was scheduled for reissue as a supplemental proposed rule and no operator can claim Part 108 authority — commercial beyond-visual-line-of-sight work runs on the existing framework.
That framework is the waiver process, and it rewards preparation in ways that are worth understanding.
What the current regime requires
Operators must obtain a waiver for each BVLOS operation. The process is slow, case-by-case, and does not scale to routine commercial work such as delivery or linear infrastructure inspection.
That is precisely the problem Part 108 proposes to solve by replacing per-operation waivers with operating permits or certificates.
Until then, the waiver is the route.
Where applications strengthen
The regulatory direction is toward performance-based approvals rather than case-by-case judgement. That philosophy is already visible in how existing authorisations are handled, and it indicates what evidence carries weight.
Documented operational history. Demonstrated safe operation is the most persuasive material an applicant has.
Detection and avoidance provisions. The unresolved areas in the Part 108 comment record are electronic conspicuity and right-of-way — the same concerns a waiver application must address.
Remote ID compliance. Fully enforced across major markets in 2026, and the foundation on which routine BVLOS operation becomes administratively possible.
Defined roles and procedures. Part 108 proposes Operations Supervisors and Flight Coordinators to replace the traditional remote pilot role for BVLOS work. An organisation already operating with that structure is describing something closer to what the final rule anticipates.
Why the preparation is not wasted
If the proposed staffing structure survives into the final rule, organisations will need trained people in those roles. That lead time is not short, and it does not depend on the rule being finalised to begin.
The same applies to documentation and procedure: a permit-based system will require demonstrating capability, and the evidence built for waivers is the evidence a permit application needs.
What to avoid
Planning on a specific compliance date. The timeline has slipped more than once. A project that depends on Part 108 being final by a date is exposed to something nobody controls.
Reading coverage as law. Some outlets reported the rule taking effect in July 2026; the rulemaking record does not support that. Check whether a source describes the rule as proposed or final.
The direction is clear: routine BVLOS operation is coming and the framework will be permit-based. The work that gets an operator there is available now.
