Flying beyond visual line of sight is where a public-safety drone program stops being a nice-to-have and starts changing outcomes. It is what makes Drones as a First Responder (DFR) possible, what lets a single pilot cover a long river search or a highway corridor, and what keeps a crew back from a hazard while the aircraft goes forward. But beyond visual line of sight (BVLOS) is also the operation the FAA restricts most tightly, and getting approved takes more than filling out a form. This article explains why BVLOS needs special authorization, the paths a public-safety agency can take today, what the FAA actually wants to see, and how the process works.
A BVLOS approval is not a document you request. It is a safety case you build. The agencies that get approved are the ones that show the FAA how they will keep the airspace safe without a pilot watching the aircraft.
Why BVLOS needs a waiver in the first place
Under Part 107, the rule that governs most small-drone operations, the remote pilot must keep the aircraft within visual line of sight at all times (14 CFR 107.31). That single requirement is what stands between you and most of the high-value missions public safety wants to fly. To operate BVLOS, you either waive that rule or operate under a different authority that permits it. The reason the bar is high is straightforward: without a pilot's eyes on the aircraft, you have to prove some other way that you will see and avoid other air traffic and keep people on the ground safe.
The rules here are changing. The FAA's proposed Part 108 rule is designed to replace much of the case-by-case BVLOS waiver system with a standardized framework. As of this writing (2026) Part 108 is not yet final: the proposed rule is in federal review and publication is expected in late 2026 or early 2027, with implementation some months after that. Until it takes effect, the pathways below are how public safety flies BVLOS. Do not wait for Part 108 to start building your program; the safety-case work you do now carries forward.
Two doors for public safety
Public-safety agencies have a choice of legal frameworks, and BVLOS is available through both. Which one fits depends on how your program is structured.
| Part 107 waiver | Public aircraft operations (COA) | |
|---|---|---|
| Who it suits | Agencies operating as civil under Part 107 | Agencies operating as public aircraft |
| How BVLOS is granted | A waiver of 107.31 through FAA DroneZone | A combination waiver and airspace authorization under the public-safety COA framework |
| Scope | Tied to the operation described in the waiver | Can be written around your agency's jurisdiction and missions |
| Prerequisite | Part 107 certificated pilots | Public aircraft operator status (declaration letter) |
On the public-aircraft side, the FAA has consolidated what used to be several separate authorizations. The older tactical BVLOS (TBVLOS) and first-responder BVLOS (FR-BVLOS) COAs are no longer issued to new applicants; their capabilities now roll into a single combination waiver and airspace authorization built on the public-safety COA. Existing TBVLOS and FR-BVLOS holders keep their authority until it expires or is cancelled. If you are starting fresh, you are working within the current combined framework, not the retired product names.
Going the public-aircraft route means first establishing public aircraft operator status with a declaration letter, the same foundation a COA is built on. If that is new to you, our COA filing service handles that groundwork, and BVLOS authority is layered on top of it.
What the FAA wants to see
Whichever door you use, approval comes down to a credible safety case. These are the elements the FAA weighs, and the areas where applications succeed or stall:
- A clear concept of operations (ConOps). Exactly what you will fly, where, how high, under what conditions, and why. Vague, open-ended requests get questions; specific, bounded operations get approvals.
- Detect and avoid (DAA). How you will see and avoid other aircraft without a pilot watching the drone. This can be technology (ground-based radar, ADS-B receivers, onboard sensors) or procedure (visual observers, shielded operations).
- Shielded operations. Flying close to a structure or terrain feature reduces the risk of encountering crewed aircraft, and is one of the most common ways public-safety BVLOS is justified.
- Electronic conspicuity. Knowing what else is in the air, and in some cases making your aircraft visible to others, is central to the risk argument.
- Command-and-control reliability. Evidence your C2 link is robust and that you have a plan for lost link.
- Crew training and procedures. Who is qualified to run the operation, how they are trained, and the procedures that govern normal and emergency situations.
- Risk assessment. A structured look at ground and air risk and the mitigations that bring them to an acceptable level.
The general process
- Decide your framework. Part 107 waiver or public aircraft operations. Public safety often chooses the public-aircraft route for the broader, jurisdiction-scoped authority.
- Establish eligibility. For the public-aircraft path, secure public aircraft operator status with a declaration letter. For the Part 107 path, ensure your remote pilots are certificated.
- Build the safety case. Write the ConOps and assemble your DAA approach, risk assessment, crew qualifications, and procedures. This is the bulk of the work and the biggest driver of approval speed.
- Apply. Part 107 waivers are filed through FAA DroneZone; public-aircraft requests go through the FAA's COA application system. Submit a complete, internally consistent package.
- FAA review. The FAA reviews the operational and technical case and may add provisions or limitations, or come back with questions. A well-built package shortens this loop.
- Operate and maintain. Fly within the terms of your authorization, keep records, and renew or amend as your program grows or your operations change.
How to give yourself the best odds
- Scope tightly. Ask for the operation you will actually fly, not the broadest thing imaginable. Narrow, well-justified requests move faster.
- Lead with the mitigation. Do not just describe the mission; show how each risk is handled. Shielded operations and solid DAA carry a lot of weight.
- Be consistent. The ConOps, procedures, and equipment described should line up throughout the package. Contradictions trigger questions.
- Learn from what's been approved. Prior public-safety BVLOS authorizations are a good template for what the FAA finds acceptable.
- Get help if it's your first time. Most agencies write one of these, so there is little chance to get good at it. Experienced help prevents the avoidable back-and-forth.
The near future: Part 108
Part 108 is the FAA's forthcoming rule to make routine BVLOS a standardized, repeatable operation rather than a bespoke waiver each time. The proposal stratifies operations by how populated the area is and sets requirements accordingly, with capabilities like detect-and-avoid becoming standard expectations in higher-risk environments. For public safety, the promise is scalable authority for missions like DFR and disaster response without re-litigating the safety case every time. It is not in effect yet, so it does not change what you file today, but the safety-case discipline you build now is exactly what a Part 108 world will reward.
Frequently asked questions
Do we need a BVLOS waiver, or can we just fly with visual observers?
Visual observers help keep an operation within visual line of sight and can support some extended operations, but true BVLOS, where no one is maintaining visual contact with the aircraft, requires a waiver of 107.31 or equivalent authority under a public-aircraft COA. If the aircraft is beyond everyone's line of sight, you need the authorization.
What is the difference between the Part 107 and public-aircraft paths?
Part 107 is the civil framework and grants BVLOS through a waiver of the visual-line-of-sight rule. The public-aircraft path treats your agency as a public aircraft operator and grants BVLOS through the public-safety COA framework, which can be scoped to your jurisdiction and missions. Many public-safety agencies choose the public-aircraft route for that broader authority.
What happened to the tactical BVLOS and FR-BVLOS COAs?
The FAA consolidated them. TBVLOS and FR-BVLOS COAs are no longer issued to new applicants; their capabilities now live in a single combination waiver and airspace authorization built on the public-safety COA. Agencies that already hold those older COAs keep them until they expire or are cancelled.
How long does approval take?
It varies with the complexity of the operation and the quality of the application. A tightly scoped request with a clean, consistent safety case moves faster than a broad or incomplete one. Expect a review period and the possibility of follow-up questions from the FAA.
Should we wait for Part 108?
No. Part 108 is not in effect yet, and the timeline runs into late 2026 or 2027 before publication, plus an implementation period. The safety-case work required for a BVLOS waiver today is the same discipline Part 108 will expect, so building your program now positions you for both.
Is a Part 107 certificate enough on its own?
No. A Part 107 certificate authorizes a pilot to fly within visual line of sight. BVLOS requires an additional waiver or the equivalent authority under a public-aircraft COA on top of certificated pilots.
Getting help with your BVLOS approval
A BVLOS approval lives or dies on the safety case, and that is exactly the part most agencies have never written before. We help public-safety agencies establish public aircraft operator status, prepare the concept of operations and supporting documentation, and file for the BVLOS authority that fits their missions. If you are standing up a DFR program or extending your existing operations, start with our COA filing service or contact us to talk through the path that fits your agency.
This article is general information about the FAA BVLOS approval process, not legal or regulatory advice. FAA rules and processes are changing, especially with Part 108 pending. Confirm current requirements for your agency's specific situation before you file.
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