Regulations & Industry
Part 107 vs proposed Part 108: which rule would cover your drone flight?
September 28, 2026
Status: Proposed rule, not yet effective
Last checked: September 28, 2026. This comparison describes the August 2025 FAA proposal and may change before a final rule takes effect.
A roof photographer flying one small drone where the remote pilot can see it has a familiar Part 107 problem: certification, airspace, people, weather, and the flight itself. An operator sending a drone down miles of utility line without a person keeping it in sight has a different problem. The FAA has proposed Part 108 as a separate framework for that routine beyond-visual-line-of-sight, or BVLOS, work. The proposal does not turn a Part 107 certificate into a Part 108 endorsement, and it does not erase Part 107.
The quickest way to compare them is by the operation, not the drone’s marketing category. Where will it fly, who can see it, who controls the operation, and what approval exists? This guide gives working examples rather than treating the proposed rule as already available. For the broader BVLOS proposal and its status, see our Part 108 overview.
The one-minute comparison
Part 107 is in force today. It covers many civil small-UAS operations, including commercial flights. A certificated remote pilot in command is responsible for the flight. The default rule requires visual line of sight, with certain requirements eligible for waivers. Airspace authorizations and operational limits still matter even if the drone is tiny. You can conduct a compliant Part 107 roof survey now.
Proposed Part 108 would create a different operating framework for certain BVLOS flights. An operator would seek a permit or certificate, depending on the scope and risk of the operation, use aircraft and supporting systems that meet proposed requirements, and designate an Operations Supervisor and qualified Flight Coordinators. The FAA explicitly proposes not to require airman certificates for these Part 108 personnel. That is a real difference from Part 107, not a footnote. None of those proposed Part 108 pathways can be used as a final-rule authorization today.
| Question | Part 107 today | Proposed Part 108 |
|---|---|---|
| Typical job | Small-drone work where the aircraft stays within the required visual line of sight | Certain routine BVLOS operations under an operator permit or certificate |
| Who has operational authority | A certificated remote pilot in command | An operator with an Operations Supervisor and Flight Coordinator roles, as proposed |
| Is an airman certificate required for the flight role? | A remote pilot certificate is required under Part 107 | The NPRM does not propose airman certificates for Part 108 personnel, but does propose knowledge, training, and operator accountability |
| How is BVLOS obtained? | A specific waiver or other applicable approval, rather than ordinary unwaived Part 107 flying | A proposed permit or certificate route with other operating conditions, if a final rule creates it |
| Status | Current law | Proposal only; no operational entitlement yet |
Neither column means “fly anywhere.” Controlled airspace, people on the ground, aircraft conflicts, system failures, and the precise operating authorization still decide whether a mission is legal and safe.
What stays under Part 107
Part 107 is the rule a new commercial small-drone pilot should learn for current visual-line-of-sight work. The remote pilot certificate is not merely a business credential. It is attached to the person responsible for complying with Part 107’s flight rules. A real estate shoot, a short roof-inspection orbit, or a construction progress flight can remain Part 107 work if it fits the rule and any needed airspace authorization. The FAA’s Part 107 operator guidance and waiver page remain the current starting points, not a projected Part 108 checklist.
Visual line of sight is the dividing line in many comparisons, but it is easy to oversimplify. A camera feed or remote display does not by itself meet Part 107’s see-the-aircraft requirement. Visual observers may assist under the rule, but they are not a magic relay that lets the aircraft travel indefinitely beyond the required visual contact. Conversely, a drone’s advertised long range does not force a Part 108 operation if the actual flight remains within Part 107 limits. The mission and authorization determine the framework.
Existing BVLOS work under Part 107 can be possible through a waiver. The FAA evaluates the case, including how the applicant will maintain safety without the ordinary line-of-sight rule. Some operations may use other exemption or certification pathways rather than a Part 107 waiver. “Part 107 cannot do BVLOS” is therefore false. The accurate contrast is that ordinary unwaived Part 107 work does not authorize it, while the Part 108 NPRM aims to create a repeatable framework for specified BVLOS operations.
What the proposed Part 108 route changes
Part 108 is aimed at certain low-altitude BVLOS operations that do not scale well through one-off approvals. The FAA’s 2025 notice proposes operator permits for specified activities under tighter limits and certificates for more involved operations. Those are authorizations for the operator, not a new personal pilot license. The proposal includes rules for flight coordination, operational supervision, aircraft acceptance, detect-and-avoid, strategic deconfliction, airspace, and records. It also proposes Part 146 for automated data service providers supporting traffic management. Each element is proposed; final requirements and effective dates need to be checked against a published final rule.
The personnel distinction is easy to get wrong. Under proposed section 108.305, an Operations Supervisor would have overall operational control and safety authority. Under proposed section 108.310, Flight Coordinators would monitor particular aircraft, intervene when needed, and coordinate within limits. The FAA does not propose an FAA airman certificate for either role. It does propose that the operator ensure people have the knowledge and training their assigned jobs require. “No certificate” does not mean “no qualification,” and it does not mean every Part 107 pilot automatically qualifies for a proposed Part 108 role.
The aircraft and service side changes too. A BVLOS mission needs a credible way to detect and avoid other aircraft or otherwise satisfy the proposed risk controls, not just a stronger radio link. A route through utility infrastructure, a city delivery corridor, and a rural survey do not present the same hazards. The proposed permit/certificate distinction and limitations depend on the actual activity and operating conditions. See our separate supervisor and coordinator explainers for those roles; this page is about choosing and understanding the regulatory lane, not duplicating their job descriptions.
Four missions, four decisions
1. A pilot photographs a roof from 150 feet, keeps the drone in sight, and obtains required airspace permission. This is a normal Part 107 planning problem. Part 108 does not make the Part 107 certificate obsolete or change today's authorization for that job.
2. A utility crew wants to fly ten miles of power lines with no continuous visual contact. A basic Part 107 certificate and aircraft registration do not authorize that flight as ordinary Part 107 work. Today the operator needs an applicable BVLOS waiver or other valid approval. A future Part 108 route could change how that operation is authorized, but only after a final rule takes effect and the operator meets its actual terms.
3. A company flies several drones over different job sites, with central staff monitoring flights. The number of aircraft alone is not the test. Are the aircraft kept within line of sight under the applicable rules, or is this BVLOS? Who is exercising operational control? What specific approval covers each flight? Under the NPRM, scaled BVLOS operations would bring operator-level requirements, including a supervisor and coordinator structure. Buying a fleet dashboard would not create that authorization.
4. A Part 107 pilot wants to become a future Flight Coordinator. The certificate is useful aviation knowledge, but the proposal does not treat it as a required Part 108 personnel certificate. The operator would need to train and qualify that person for its own operation under whatever final standards the FAA adopts. Selling a "Part 108 pilot license" course today would misstate the NPRM.
What happens to current waivers?
A present Part 107 waiver is not the same object as a future Part 108 permit. A waiver modifies particular Part 107 requirements for an approved operation under its conditions. Proposed Part 108 is an operating framework with different operator, personnel, aircraft, and service requirements. Do not assume an existing waiver automatically converts into a Part 108 authorization, or that a proposal cancels your current approval. Read the waiver you have and the FAA’s eventual final and transition text before making a plan. The NPRM is a place to understand direction, not a substitute for that future text.
What to do now, without betting on unfinished text
If your immediate revenue comes from visual-line-of-sight shoots or inspections, keep the Part 107 workflow sound: remote pilot currency, site-specific airspace checks, flight risk assessment, and records you can explain. If a client requests BVLOS today, scope it against the FAA’s current waiver and exemption pathways rather than promising it under proposed Part 108.
If you are building for scaled BVLOS, list the actual missions you want to perform and separate what is technically ready from what is legally approved. Identify who would control the operation, who would monitor a flight, what aircraft and data services you rely on, and how you would handle conflicts or lost links. These are sensible planning questions, not a declaration of compliance. Revisit the list when the final rule is published; the permit or certificate route, personnel standard, and effective dates may change.
For a Part 107 student, the practical answer is simpler: learn and pass the current Part 107 test for the work you can lawfully do now. The Part 108 NPRM did not rewrite the current remote pilot knowledge test. If FAA later changes the test standards or published regulations, update training then, not on a guess.
Questions pilots ask
Does Part 108 replace Part 107?
No. The FAA proposes a separate BVLOS framework. Part 107 remains the operating rule for many small-drone flights. A final rule could alter how the two interact; the August 2025 NPRM is not a final answer to every edge case.
Will my Part 107 certificate become a Part 108 license?
No personal Part 108 airman certificate is proposed. The proposal instead puts qualification duties on the operator and specifies supervisor and coordinator roles. A Part 107 certificate can be valuable background without becoming an automatic Part 108 authorization.
Can I fly BVLOS now if I follow the Part 108 proposal?
No. A notice of proposed rulemaking grants no flight privilege. Current FAA approvals and operating rules govern the flight.
Is every long-range drone flight Part 108?
No. It depends on the actual operation and applicable authorization. BVLOS under a current waiver is possible today; a long-capable drone flown in sight can still be a Part 107 operation. A future final rule may define more detailed boundaries.
When should I update my company's training?
Track the final rule, effective dates, and any FAA changes to Part 107 testing standards. Drafting an internal gap list now is useful; presenting proposed personnel requirements as final policy is not.