Part 108 vs Part 107: What's the Difference?
Part 107 governs visual line of sight (VLOS) drone operations with individual pilot certification, while Part 108 creates a new framework for beyond visual line of sight (BVLOS) operations with organizational accountability. Part 107 remains the foundation for standard commercial drone work, but Part 108 enables scalable autonomous operations that were previously only possible through individual waivers.
The FAA released its Notice of Proposed Rulemaking (NPRM) for Part 108 on August 7, 2025, marking the most significant shift in drone regulations since Part 107 launched in 2016. For commercial drone operators, understanding the differences between these two regulatory frameworks is essential for planning operations and preparing for the future of autonomous flight.
This comparison guide breaks down the key differences between Part 107 and Part 108, helping you understand which regulation applies to your operations and how to prepare for the transition.
Table of contents
- Quick comparison table
- Fundamental difference: VLOS vs BVLOS
- Pilot certification vs organizational responsibility
- Aircraft weight and specifications
- Airspace access and authorization
- Technology requirements
- Approval process and waivers
- Personnel roles under Part 108
- Population density categories
- What happens to Part 107
- Which regulation applies to you
- Timeline and transition
- Preparing for Part 108
- Frequently asked questions
Quick comparison table
| Feature | Part 107 | Part 108 |
|---|---|---|
| Primary Scope | Visual Line of Sight (VLOS) | Beyond Visual Line of Sight (BVLOS) |
| Effective Since | August 29, 2016 | Expected March-April 2026 |
| Max Aircraft Weight | 55 lbs | Up to 1,320 lbs |
| Max Altitude | 400 ft AGL | 400 ft AGL (with exceptions) |
| Accountability | Individual remote pilot | Organizational operator |
| Certification | Remote Pilot Certificate | Operating permit or certificate |
| BVLOS Operations | Waiver required | Standard operations |
| Multiple Aircraft | One pilot per aircraft | Flight coordinator can manage multiple |
| Detect and Avoid | Not required | Required for certain categories |
| Night Operations | Allowed with anti-collision lights | Allowed with compliance |
| Over People | Allowed under specific categories | Allowed based on population density |
Fundamental difference: VLOS vs BVLOS
The core distinction between Part 107 and Part 108 comes down to how far you can fly your drone from yourself.
Part 107: Visual Line of Sight
Under Part 107, remote pilots must keep their aircraft within visual line of sight at all times without using vision-enhancing devices (other than corrective lenses). This means:
- You or a visual observer must be able to see the drone unaided
- Operations are limited to the range where you can maintain visual contact
- BVLOS operations require individual waivers that can take months to process
- The VLOS restriction fundamentally limits scalable commercial operations
Part 108: Beyond Visual Line of Sight
Part 108 creates a standardized framework for BVLOS operations without individual waivers. The proposed rule enables:
- Routine BVLOS flights within the regulatory framework
- Operations over extended distances and durations
- Scalable commercial operations like delivery and infrastructure inspection
- Technology-driven safety through detect-and-avoid systems
This shift from exception-based waivers to a standardized regulatory pathway represents the biggest change in commercial drone operations since Part 107 was introduced.
Pilot certification vs organizational responsibility
The way accountability works differs significantly between the two frameworks.
Part 107: Individual pilot responsibility
Part 107 centers on the individual remote pilot in command. Key aspects include:
- Pilots must hold a Remote Pilot Certificate with small UAS rating
- Must be at least 16 years old
- Must pass the Part 107 aeronautical knowledge test
- All responsibility falls on the individual pilot, even when operating for a company
- Recurrent training required every 24 months
Part 108: Corporate responsibility model
Part 108 shifts to an organizational accountability model:
- No individual pilot certification like Part 107
- Companies must ensure staff are trained and mission-ready
- Operating organizations bear responsibility for safety and compliance
- New personnel roles: Operations Supervisor and Flight Coordinator
- Organizations determine qualification requirements based on operational complexity
This corporate responsibility model recognizes that complex BVLOS operations require institutional support rather than relying solely on individual pilot expertise.
Aircraft weight and specifications
The two regulations accommodate significantly different aircraft sizes.
Part 107 aircraft limits
- Maximum takeoff weight: 55 pounds (25 kg)
- Must be registered with FAA (drones over 250g)
- Remote ID required since September 2023
- No specific airworthiness certification required
Part 108 aircraft limits
Part 108 proposes three weight categories based on operational context:
| Category | Maximum Weight | Typical Use |
|---|---|---|
| Small | 55 lbs and under | Standard commercial operations |
| Medium | 110 lbs and under | Heavy-lift applications |
| Large | 1,320 lbs and under | Large cargo, specialized operations |
The 1,320-pound maximum allows for significantly larger aircraft suitable for cargo delivery and specialized industrial applications. This limit aligns with the UAS BVLOS Aviation Rulemaking Committee (ARC) recommendations.
Part 108 aircraft must also meet airworthiness acceptance requirements, with manufacturers demonstrating their designs meet safety and performance standards through documentation and testing.
Airspace access and authorization
Both regulations govern how drones access the national airspace system.
Part 107 airspace rules
- Class G (uncontrolled) airspace: No authorization required
- Class B, C, D, E airspace: Requires LAANC authorization or manual approval
- Maximum altitude: 400 feet AGL (or within 400 feet of a structure)
- Temporary Flight Restrictions (TFRs) must be observed
- Operations near airports require authorization
Part 108 airspace access
Part 108 expands airspace access for BVLOS operations:
- Operations up to 400 ft AGL permitted in Class B, C, D, and E airspace
- Specific areas may still require airspace authorization
- Integration with UAS Traffic Management (UTM) systems
- Automated Data Service Providers (ADSPs) provide real-time airspace data
- Strategic deconfliction of flight paths in moderate to high density areas
The introduction of ADSPs is significant. These new entities will provide real-time data on airspace, weather, traffic, and deconfliction to support safe BVLOS operations.
Technology requirements
Part 108 introduces technology requirements that don't exist under Part 107.
Part 107 technology
Part 107 imposes minimal technology requirements:
- Anti-collision lights visible for 3 statute miles (for night operations)
- Remote ID broadcast capability (since September 2023)
- No onboard detect-and-avoid requirements
- Standard flight control systems sufficient
Part 108 technology mandates
Part 108 requires more sophisticated systems:
Detect and Avoid (DAA)
- Required for operations in higher population density categories
- Must identify potential collisions with other aircraft and obstacles
- Systems range from cooperative (ADS-B) to non-cooperative target detection
- Strategic conflict detection during flight planning
- Real-time detection and avoidance during operations
Communication systems
- Reliable command and control (C2) links throughout operating area
- Backup communication capabilities for extended operations
- Data links supporting operational intent sharing
Conformance monitoring
- Real-time tracking of flight path vs planned operational intent
- Automated alerts when operations deviate from plan
- Target average conformance metrics
Approval process and waivers
The approval pathway differs dramatically between the regulations.
Part 107 waiver process
Under Part 107, any operation outside standard parameters requires a waiver:
- BVLOS operations: Waiver required
- Operations over people (beyond Category 4): Waiver required
- Night operations: No longer require waiver (since 2021)
- Processing time: Weeks to months, unpredictable outcomes
- Case-by-case evaluation
The waiver system has been a major bottleneck for commercial growth, with operators facing lengthy review periods and uncertain approvals.
Part 108 two-tier authorization
Part 108 replaces waivers with a standardized two-tier system:
Operating Permits (Lower risk)
- Less FAA oversight required
- 24-month validity
- 8 permit categories: Training, flight testing, demonstrations, package delivery, agricultural use, aerial surveying, civic interest, recreation
- Fleet limits: 100 drones (delivery), 25 drones (other commercial), 1 drone (recreation)
- Application required 120 days before operations
Operating Certificates (Higher risk)
- Enhanced FAA oversight
- 4 certificate categories: Package delivery, agricultural use, aerial surveying, civic interest
- Required for larger aircraft, densely populated areas, complex missions
- Safety management systems required
- Training program requirements
Personnel roles under Part 108
Part 108 introduces new personnel positions that don't exist under Part 107.
Operations Supervisor
- Senior authority for all Part 108 activities
- Ultimate responsibility for operational safety and compliance
- Qualifications determined by organization based on operational scope
- Not directly certificated by FAA
- Must demonstrate competence through training, experience, or expertise
Flight Coordinator
- Tactical oversight of active aircraft operations
- Similar role to pilot in command, but can manage multiple aircraft
- Minimum 5 hours experience with specific aircraft types
- Currency requirement: 5 hours of flight time within 12-month periods
- Advanced automation reduces need for constant manual intervention
Supporting Personnel
- Maintenance technicians
- Ground handlers
- System support specialists
- All personnel require TSA background check approval
Population density categories
Part 108 introduces a tiered approach based on population density.
| Category | Population Threshold | Environment | Requirements |
|---|---|---|---|
| Cat 1 | >1 mile from any cell with ≥10 people | Very low density | Least mitigations |
| Cat 2 | Within 1 mile of cell with ≥10 people | Rural/farm areas | Basic requirements |
| Cat 3 | Within 1 mile of cell with ≥25 people | Suburban | Strategic deconfliction required |
| Cat 4 | Within 0.5 mile of ≥100 people | Shopping centers, multi-family | Operating certificate required |
| Cat 5 | Within 0.5 mile of ≥2,500 people | Major downtowns | Full DAA for all aircraft |
This tiered approach allows the FAA to apply appropriate safety measures based on actual risk rather than blanket restrictions.
What happens to Part 107
Part 108 doesn't replace Part 107. It complements it. However, Part 108 does modify certain aspects of Part 107.
Part 107 remains for
- Visual line of sight commercial operations
- Standard drone photography, videography
- Real estate and construction documentation
- Agricultural monitoring (VLOS)
- Any commercial operation within visual range
Changes to Part 107
The Part 108 NPRM proposes these changes to Part 107:
- BVLOS waivers eliminated: You can no longer apply for BVLOS waivers under Part 107. All BVLOS operations move to Part 108
- Commercial delivery removed: Package delivery operations governed by Part 108
- Part 107 remains foundation: Remote Pilot Certificate still required as baseline
If you currently operate under Part 107 waivers for BVLOS, you'll need to transition to Part 108 once the final rule takes effect.
Which regulation applies to you
Here's how to determine which framework you'll operate under:
Stay with Part 107 if
- All operations remain within visual line of sight
- You don't need to fly beyond what you can see
- Single aircraft operations suit your business model
- Your current Part 107 certification meets your needs
- Operations don't require extended range or autonomous flight
Pursue Part 108 if
- You need routine BVLOS capabilities
- Business model requires scalable operations (delivery, linear infrastructure inspection)
- Planning to operate multiple aircraft simultaneously
- Large-scale agricultural operations beyond VLOS
- Infrastructure inspection along pipelines, power lines, railroads
- Delivery services requiring extended range
You may need both
Many operators will maintain Part 107 certification while adding Part 108 capabilities:
- Part 107 for standard VLOS commercial work
- Part 108 for specialized BVLOS operations
- Flexibility to match regulatory framework to mission requirements
Timeline and transition
Understanding the Part 108 timeline helps you plan your transition.
Key dates
| Milestone | Date | Status |
|---|---|---|
| NPRM Published | August 7, 2025 | Complete |
| Comment Period Closed | October 6, 2025 | Complete |
| Public Comments Received | 3,000+ | Under review |
| Final Rule Expected | March-April 2026 | Pending |
| Implementation | TBD | Transition periods likely |
Preparing for Part 108
Start preparing now to be ready when the final rule takes effect.
Assess your operations
- Identify which operations require BVLOS capabilities
- Determine whether permits or certificates will be needed
- Evaluate current aircraft against Part 108 requirements
- Review population density categories for your operating areas
Personnel preparation
- Identify Operations Supervisor candidates
- Plan Flight Coordinator training programs
- Establish qualification tracking systems
- Ensure TSA background check readiness for all personnel
Technology evaluation
- Assess detect-and-avoid system requirements
- Evaluate communication system capabilities
- Plan conformance monitoring integration
- Consider fleet management software needs
Operations management platforms like DroneBundle provide built-in conformance monitoring and personnel qualification tracking designed specifically for Part 108 compliance.
Documentation readiness
- Begin developing operations manual frameworks
- Establish safety management systems
- Create training documentation
- Plan maintenance and inspection procedures
Frequently asked questions
Do I need Part 107 to operate under Part 108?
Part 108 doesn't require Part 107 certification as a prerequisite. However, pilots will need Part 107 certification plus additional Part 108 rating for BVLOS operations. The organizational approach means your company ensures personnel are qualified, but baseline remote pilot knowledge from Part 107 remains valuable.
Can I still get BVLOS waivers under Part 107?
Once Part 108 takes effect, BVLOS waiver applications will no longer be accepted under Part 107. All beyond visual line of sight operations will need to comply with Part 108 requirements.
What happens to my current Part 107 BVLOS waiver?
The FAA will establish transition provisions for current waiver holders. Expect guidance on timelines and requirements for moving existing operations to the Part 108 framework.
Will Part 108 cost more to comply with?
Part 108 operations generally require more investment:
- Advanced aircraft with DAA capabilities
- Training for new personnel roles
- Operations manual development
- Potential ADSP subscriptions
- More comprehensive documentation
However, the elimination of case-by-case waivers and ability to scale operations may improve ROI for commercial operators.
When will Part 108 take effect?
Based on the Executive Order timeline, the final rule should be published by approximately March-April 2026. Implementation timelines will be defined in the final rule, likely with transition periods for different aspects of compliance.
Can I operate recreationally under Part 108?
Yes, Part 108 includes recreation as one of the eight permit categories. Recreational BVLOS operations will require a permit with a fleet limit of 1 aircraft.
What aircraft can I use under Part 108?
Aircraft must meet airworthiness acceptance requirements. The NPRM includes country-of-origin provisions limiting acceptance to U.S.-manufactured aircraft or those from countries with bilateral airworthiness agreements. This provision has received significant industry pushback and may change in the final rule.
How do I choose between permitted and certificated operations?
- Permitted operations: Lower risk activities, less FAA oversight, simpler requirements, 24-month validity
- Certificated operations: Higher risk activities (larger aircraft, populated areas), enhanced oversight, safety management systems required
Your choice depends on aircraft size, operating environment, and mission complexity.
Next steps
The transition from Part 107 to Part 108 represents a significant evolution in commercial drone operations. While Part 107 remains the foundation for standard visual line of sight work, Part 108 opens new possibilities for scalable, autonomous BVLOS operations.
Start preparing now by:
- Understanding your Part 107 foundation
- Learning about Part 108 in depth
- Evaluating your operational needs against both frameworks
- Building personnel qualifications and documentation systems
DroneBundle helps operators prepare for both Part 107 and Part 108 compliance with comprehensive flight planning, personnel management, and compliance tracking capabilities.
Start your free trial today to begin building your Part 108 readiness.
Last updated: November 2025. This guide reflects information from the FAA Part 108 NPRM published August 7, 2025. Requirements may change in the final rule.
Disclaimer: This guide provides general information about FAA drone regulations. Consult with an aviation attorney for specific compliance advice.
