Can You Fly a Drone Beyond Visual Line of Sight?

You can fly a drone beyond visual line of sight, but only with specific authorization from the FAA. The default rule for commercial drone flight requires the pilot or a visual observer to keep the aircraft in unaided eyesight at all times, and any operation past that point needs a waiver, a certificate of authorization, or an air carrier certificate before takeoff. Which pathway applies depends on who you are, what you’re carrying, and where you want to fly.

Why You Need Authorization in the First Place

Under 14 CFR 107.31, the remote pilot, the person at the controls, or a designated visual observer must be able to see the drone throughout the entire flight using unaided vision. Corrective lenses are allowed. Binoculars and monitors are not. The rule exists so someone on the ground can track the drone’s position and altitude, scan for other aircraft, and confirm it isn’t endangering anyone below.¹

The moment the drone leaves everyone’s direct view, the flight is a BVLOS operation and falls outside what Part 107 allows on its own. That is why every legal BVLOS flight today traces back to one of the pathways below.

The Part 107 Waiver

The most common route for commercial operators is a waiver to Section 107.31. The FAA grants these case by case when an applicant shows the operation can reach an equivalent level of safety without continuous visual contact. The waiver doesn’t erase the safety obligation; it lets you replace eyesight with other safeguards you can prove work.²

Every application needs a concept of operations describing the flight plan, location, purpose, and procedures, plus a risk analysis that identifies each hazard, rates its severity and likelihood, and explains how you’ll mitigate it. FAA evaluators focus on whether those documents show real operational understanding rather than boilerplate.³

Most Part 107 waivers are issued for 48 months. If you need to renew, submit a new application at least 90 days before the expiration date. The FAA won’t evaluate earlier requests.

The Public Safety Pathway

Law enforcement, fire departments, EMS, and other public safety organizations have a faster route. The FAA offers an expedited waiver process for agencies that qualify as both a Public Aircraft Operator and a Public Safety Organization under the 2024 FAA Reauthorization Act. These waivers cover BVLOS flight, operations over people, and operations over moving vehicles, all under 14 CFR Part 91.⁴

One useful category is the shielded operations waiver, which permits BVLOS flight during emergency callouts while the drone stays close to buildings or other obstacles. It comes with specific altitude, equipment, and visibility requirements, and the operator must yield to all manned aircraft at all times.⁵

One important boundary: an agency operating only under Part 107 can’t use this pathway. You need to hold a Certificate of Authorization under Part 91 first.⁵

Drone Delivery Under Part 135

If you want to deliver packages by drone, Part 135 air carrier certification is currently the only regulatory path to carry another person’s property for compensation beyond visual line of sight. The FAA treats drone delivery operators the same as traditional on-demand air carriers. That means a dangerous goods training program, operations manuals, and the same safety requirements that apply to crewed Part 135 certificate holders.⁶

This is a much heavier lift than a Part 107 waiver. Wing, Zipline, and Amazon have gone through it, and the process typically takes many months and significant resources. Operators also need a separate exemption or waiver for the BVLOS package delivery itself, on top of the Part 135 certificate.⁷

What the FAA Actually Looks For

Whichever pathway you use, the FAA evaluates the same core elements. Strong applications address each one convincingly; weak ones treat them as boxes to check.

A concept of operations that describes how the flight will actually work, including how the crew will manage the drone without seeing it.⁸
A risk analysis with each significant hazard, its severity and likelihood, and specific mitigations. Vague mitigation language is where most applications collapse.³
A collision-avoidance plan describing how the drone will detect and avoid other aircraft. In controlled airspace, ADS-B In is typically expected.⁸
A reliable command-and-control link over the full operating range, with contingency procedures if the link is lost.
Evidence that pilots and crew have specialized BVLOS training. Standard Part 107 certification alone isn’t enough.
An airspace analysis identifying potential conflicts and a plan for coordinating with air traffic control when needed.

Remote ID Is Non-Negotiable

Any drone over 0.55 pounds operating in the national airspace must comply with Remote ID rules, and BVLOS operations are no exception. Standard Remote ID, which broadcasts identification, location, altitude, velocity, control station position, and timestamp directly from the aircraft, is required for all BVLOS waiver operations unless the FAA grants a written exception.⁵

The reason is practical. When a drone is miles from its operator, law enforcement and other airspace users need a way to identify it. Without standard Remote ID hardware, a BVLOS application is dead on arrival.

Where to File

New Part 107 waiver applications now go through the FAA’s Aviation Safety Hub, which replaced DroneZone for this purpose. Previously submitted waivers still process through DroneZone, and airspace authorization requests still use DroneZone until further notice.²

Public safety agencies applying for Part 91 waivers use FAA Form 7711-2. The FAA has published detailed instructions and checklists for each waiver type, including a specific checklist for the shielded operations BVLOS waiver.⁹

Expect back-and-forth. The FAA frequently asks for additional information, holds technical discussions, and runs safety evaluations. Each application is judged on its own operating location, aircraft capabilities, and operator safety record. There is no guaranteed timeline, and vague submissions can sit for months before a denial.

What Happens if You Fly BVLOS Without Authorization

Operating BVLOS without a waiver or other authorization is a federal aviation violation, and enforcement has become a higher priority. A 2026 compliance and enforcement bulletin moved qualifying cases away from informal conversations and into formal legal action by default, particularly when operations endanger the public, violate airspace restrictions, or connect to another crime.

The exposure is real. Under 49 U.S.C. § 46301, an individual can face civil penalties of up to $100,000 per violation after the 2024 FAA Reauthorization Act raised the caps. Companies and other non-individual operators face up to $1,200,000 per violation. The FAA can also suspend or revoke your pilot certificate, which ends your ability to fly commercially.¹⁰

Those figures are maximums, and most first-time cases don’t reach them. But “per violation” matters. A single unauthorized BVLOS flight that crosses multiple airspace boundaries or lasts an extended period can be treated as multiple violations.

The Coming Part 108 Rule

The biggest change on the horizon is proposed Part 108, published as a Notice of Proposed Rulemaking in August 2025. If finalized, it would create standardized pathways for routine BVLOS operations without individual waivers. The comment period was reopened in January 2026, and the rule is not yet final. No one can fly under it today.¹¹

The proposal would set three tiers: shielded operations near obstacles with no further authorization; permitted operations for eight specific use categories with defined weight, fleet, and population-density limits; and certificated operations for complex or larger-scale flights that require a safety management system and FAA-approved training. All Part 108 flights would be capped at 400 feet above ground level, require anti-collision lighting day and night, mandate Remote ID broadcasting, and require the drone to yield to manned aircraft broadcasting via ADS-B.¹¹

Every drone operating under Part 108 would also need an airworthiness acceptance, a new concept setting minimum design and manufacturing standards for BVLOS-capable aircraft. Until the rule is finalized, the existing waiver, COA, and Part 135 pathways remain the only legal options for flying a drone beyond visual line of sight.¹¹

1
eCFR. 14 CFR 107.31 – Visual Line of Sight Aircraft Operation
2
Federal Aviation Administration. Part 107 Waivers
3
Federal Aviation Administration. Part 107 Waiver Section Specific Evaluation Information
4
Federal Aviation Administration. Part 91 Public Aircraft/Public Safety Operations Certificate of Waiver and Authorization Frequently Asked Questions
5
Federal Aviation Administration. FAADZ Guide to Public Safety Organization Shielded Operations Waiver
6
Federal Aviation Administration. Unmanned Aircraft System or Drone Operations
7
Federal Aviation Administration. Package Delivery by Drone (Part 135)
8
Federal Aviation Administration. Instructions for the Certificate of Waiver or Authorization
9
Federal Aviation Administration. PAO-PSO 91 BVLOS 200 ft Waiver Checklist
10
Office of the Law Revision Counsel. 49 USC 46301 – Civil Penalties
11
Federal Register. Normalizing Unmanned Aircraft Systems Beyond Visual Line of Sight Operations