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Detailed Overview of North America BVLOS Regulations for Remote Drone Operations

Written by DJI Enterprise | October 22, 2024

Beyond Visual Line of Sight (BVLOS) operations marked a significant evolution in the drone industry within North America. Understanding these regulations is crucial for ensuring safe and compliant drone operations. This article aims to provide a detailed overview of BVLOS regulations, particularly focusing on the U.S. regulatory framework and guiding enterprise users through the application process for the most common BVLOS waiver options available.

Here are the topics covered by this article:

  • Understanding the U.S. Regulatory Framework: Part 107 Rules
  • Most Common BVLOS Waiver Types
  • What to Prepare Ahead of your BVLOS Submission
  • DJI’s Available Support for your BVLOS Waiver
  • Taking the Next Step!

Use the content outline above to navigate through the article with ease. Now, let’s get started.

Understanding the U.S. Regulatory Framework: Part 107 Rules

The Federal Aviation Administration (FAA) governs drone operations in the U.S. under Part 107 rules. These rules stipulate various requirements and limitations for drone use. One of the primary regulations under Part 107 is Visual Line of Sight (VLOS), which mandates that drone pilots must maintain an unobstructed visual line of sight with the drone at all times during their operation.

However, the FAA has recognized the evolving needs of the drone industry and is taking progressive steps in rulemaking to accommodate BVLOS operations through Part 108. Until then, however, a reliable waiver application process is currently available for authorizing BVLOS operations.

Our team and partners have been actively supporting advancements in BVLOS adoption, not only working with entities on the rulemaking process but also assisting users to apply for and obtain waivers under the current regulations.

Most Common BVLOS Waiver Types

As we’ve mentioned, operating drones beyond visual line of sight requires enterprise users to obtain a BVLOS waiver from the FAA. There is a common misconception that obtaining this waiver entails a daunting process with countless hurdles. The reality is that the process has become streamlined, accessible, and clear enough to allow operators to confidently navigate the regulatory landscape to unlock the full potential of their drone technology.

There are three primary avenues for achieving a BVLOS waiver under Part 107 regulations: Visual Observers, Shielding, and Detect and Avoid (DAA) System. Let’s take a closer look at each one.

Visual Observers On-Site

The first waiver option involves having a designated visual observer present at the operation site to observe the surrounding airspace. The major convenience of this option is that VOs are not required to have a Part 107 certificate or a remote controller. They simply help ensure safe flights by visually monitoring the surrounding airspace.

This waiver is ideal for scenarios requiring shorter drone operations where personnel might already be on-site, such as a construction project where site security would be available to assist. Operations can be conducted up to 400 feet, which helps speed up processes like mapping that require less overlapping photos at higher altitudes.

Acquiring this waiver has many benefits. First, it reduces the need for having a certified pilot at every operational site. Next, it’s a time-saving solution as a single certified pilot can remotely perform tasks on multiple sites. Lastly, it streamlines operations with automated mission planning and data collection.

Ideal Scenarios: 
  • Shorter-duration drone flights, where personnel on site can act as visual observers. Examples include construction sites and industrial manufacturing plants.
  • High-altitude operations like mapping which require overlapping photos.

Shielding

The concept of shielding refers to physical objects or ground that will serve as a "shield" for the drone operation in order to mitigate airspace risk. The base distance over and around the obstacles or the ground is 50 feet for a standard shielded waiver but can vary according to the shielding available on site and the air risk at hand. In this scenario, BVLOS drone flights are permitted without the need for a visual observer to be present.

Additionally, it's crucial to understand that operations still need to stay within a hard ceiling of 400 feet AGL (Above Ground Level).

Real-world example:

An oil and gas company in California uses this type of waiver for visual and thermal inspections, planning routes that keep drones within 50 feet of the ground or perimeter fence when en route to infrastructure on site.

Moreover, we have also seen other operators utilizing the DJI Dock 2, approved for shielded operations at greater distances of up to 200 feet AGL across a site. This capability enables additional use cases, including site mapping and creating panoramic views.

Ideal Scenarios: 
  • Industrial inspections within large facilities.
  • Monitoring extensive linear infrastructures like powerlines.
  • Security overwatch tasks where existing infrastructure can act as shielding.

Detect and Avoid (DAA) System

The last waiver option we will review is utilizing a Detect and Avoid System. Detect and Avoid technology, such as radars or a visual camera array, can be used by the operator to enable BVLOS drone operations without requiring a visual observer or shielding. Relying on installing sensor technology to cover the operational volume can allow the operator to detect air traffic and take evasive action if needed. This does require demonstrating DAA system compliance and establishing robust operational procedures.

Real-world example:

There is also an option under Part 91 to operate under a Certificate of Authorization (COA for short), which can include authorization to fly beyond visual line of sight. This option is only available to governmental entities operating drones as public aircraft. 

The Pearland Police Department and Oswego, New York, have both received BVLOS authorizations under Part 91 based on the use of Detect and Avoid (DAA) Systems. These authorizations enable drones to serve as first responders, improving response times and situational awareness.

Learn more here.

Ideal Scenarios: 
  • Public Safety agencies with Drone As First Responders programs.

What to Prepare Ahead of your BVLOS Submission

Applying for a Part 107 waiver involves a detailed submission process that ensures safety and compliance.

The core of the application is a waiver safety explanation referencing technical documents like a user manual. This includes detailed operational plans, specifying the Unmanned Aircraft System (UAS) and its technical specifications, pre-flight checks, personnel qualifications, and a thorough assessment of both the air and ground risks at the location(s) you plan to fly.

Once complete, users can submit their application through the FAADroneZone portal. The typical FAA turnaround time is 90 days.

To simplify this process, you can complete a quick survey to determine the most suitable BVLOS application method for your needs, and you will receive the supporting documents after completing the survey here.

Waiver Safety Explanation

Applicants must detail safety measures, including:

  • Pre-Flight: Ensure all equipment and procedures adhere to safety guidelines.
  • Planned Operations: Justify why the BVLOS flight authorization is needed and why the specific altitudes requested are necessary at the distance requested.
  • Ground Risk: For ground risk, follow Part 107 for operations over people, or describe precautionary actions for controlled site access, including fencing and security. Detail the site location and features if applying for a specific location. The primary goal is to demonstrate that you have mitigated risks to persons and property on the ground during operations.
  • Air Risk: Address potential airspace conflicts to ensure safe navigation. For air risk, consider the airspace and nearby risks like helipads. Typically, a waiver covers operations in uncontrolled airspace (Class G), but additional airspace authorization can be applied. Mitigation strategies may include shielding, ADS-B information, visual observers, or DAA equipment. Also, be sure to mention any information regarding the time of day for operations. If flying at night, highlight the use of an Anti-Collision Light (beacon).

Support from DJI

DJI has made significant strides in obtaining FAA approval for BVLOS waivers. Our team in North America has successfully acquired nationwide waivers based on standard shielding and VOs, demonstrating compliance and safety in complex drone operations.

These waivers apply to the baseline DJI Dock configuration, namely:

  • Flight Hub 2 + M30 Series Dock version + DJI Dock
  • Flight Hub 2 + M3D Series + DJI Dock 2

Conclusion

To navigate BVLOS regulations in the U.S., it is essential to understand the FAA’s Part 107 rules, acquire the appropriate waivers, and implement necessary safety measures. DJI’s advancements in BVLOS capabilities provide valuable insights and resources. For enterprise users, staying informed and compliant ensures safe and efficient drone operations.

For a detailed guide on applying for BVLOS waivers and further support, visit the FAA’s official website, or you can click here to complete a quick survey and download documentation support from DJI. Streamlined documentation is available through DJI channel partners in order to help accelerate the preparation of your waiver. Take the first step towards expanding your operations and achieving your goals.