The FAA’s proposed Half 108 rules are presupposed to revolutionize Past Visible Line of Sight (BVLOS) drone operations in the USA. And although the drone business has largely applauded the proposed adjustments, there are nonetheless some considerations.
And for DJI, a type of key sticking factors within the draft guidelines is a provision that might limit a key approval to both drones made in America or in any other case made in nations with “a Bilateral Airworthiness Settlement addressing UAS.”
Right here’s the issue: The U.S. doesn’t presently have any such agreements. And it feels unlikely that — given at present’s geopolitical setting — one could be made with China, which is the place DJI drones are made.
“This rule would shut out many confirmed platforms available in the market that operators depend on, together with DJI,” in keeping with a press release by DJI, shared on its ViewPoints weblog.
And that’s not the one main political problem for DJI lately. Simply final Friday, a U.S. choose rejected a bid by DJI to be faraway from the U.S. Protection Division’s checklist of firms allegedly working with Beijing’s army.
What’s Half 108?
The proposed Half 108 guidelines would change the present waiver system — which might take as much as 90 days for BVLOS approval — with a scalable, nationwide framework utilizing a two-tier authorization system. With that might come permits for smaller operations and certificates for higher-risk missions, each beneath a brand new airworthiness acceptance course of.
That airworthiness acceptance is the important thing phrase right here. As presently drafted, eligibility is restricted to U.S. manufacturing or nations with particular “bilateral agreements.” Since no such agreements exist, American drone operators who’ve been safely flying DJI plane beneath Half 107 waivers for BVLOS operations for years would discover those self same confirmed platforms ineligible beneath the brand new framework. That’s not essentially due to security considerations — it’s purely based mostly on the place they had been manufactured.
So what ought to drone pilots who wish to fly DJI drones (that are recognized for his or her reliability and affordability) do? DJI is pushing for a standards-based strategy as an alternative.
“We advocate that, as a substitute, the FAA concentrate on mechanisms to evaluate the proof supplied by producers to verify they meet the business adopted consensus requirements for airworthiness, as an alternative of counting on the proposed oversight strategy typical from airworthiness certification,” in keeping with a press release from DJI.
Different potential challenges within the proposed Half 108 guidelines
The country-of-manufacture restriction isn’t even the one provision in Half 108 that might threaten DJI’s place. DJI recognized a number of different points of the draft guidelines that current challenges.
Radio frequency ban: The proposed guidelines would prohibit drones utilizing 2.4 GHz and 5.8 GHz frequencies— the spine of DJI’s command and management programs — from working in Class 2 areas and above. That’s a large portion of operational airspace. DJI argues these frequencies have confirmed secure for years in each VLOS and BVLOS operations, with fail-safe programs defending in opposition to interference.
Automation-only mandate: Half 108 closely favors extremely automated programs the place no pilot immediately controls the plane. This might exclude most present DJI platforms, even refined options like DJI Dock and FlightHub 2 that mix automation with “pilot within the loop” architectures. The issue? Most current BVLOS operations beneath Half 107 waivers — safety patrols, Drone-as-First-Responder applications, infrastructure inspections — require the flexibility to modify between automated and guide flight mid-mission.
Extreme information reporting: The draft guidelines would require operators to share all BVLOS flight information with producers. DJI calls this “pointless and burdensome for all events concerned.” The corporate proposed as an alternative that operators solely submit incident or accident info via manufacturer-provided instruments.
Website-by-site approvals: As a substitute of making a streamlined nationwide framework, operators would wish FAA approval for each particular person website. That primarily recreates the previous waiver system Half 108 was supposed to switch. DJI argues that if operators can meet standardized security situations already accredited for sure operations, they need to be capable of fly anyplace within the nation.
What this implies for the drone business
Positive, DJI is asking out these points as a method of defending its market share, however DJI has been emphasizing the affect that such guidelines would have on public security companies and different service suppliers who depend on DJI drones.
Many fireplace departments, police companies, search and rescue groups and emergency responders throughout the USA use DJI drones. They are typically far cheaper than American-made alternate options. If Half 108 prohibits DJI drones from BVLOS operations, it might probably set again the operational capabilities of public security companies and different companies (or price taxpayers and prospects more cash to fund dearer DJI alternate options).
U.S. political considerations about Chinese language tech firms
The Justice Division has been clear in court docket filings that the U.S. “has lengthy expressed vital considerations concerning the nationwide safety menace posed by the connection between Chinese language expertise firms and the Chinese language state.”
Final Friday, U.S. District Decide Paul Friedman rejected DJI’s bid to be faraway from the Pentagon’s checklist of firms allegedly working with Beijing’s army, saying the Protection Division had “substantial proof” that DJI contributes to the “Chinese language protection industrial base.” DJI maintains it “is neither owned nor managed by the Chinese language army” and is evaluating its authorized choices, however the precedent isn’t encouraging. In reality, Decide Friedman made an identical ruling for China-based lidar producer Hesai Group in July.
What you are able to do now
The general public remark interval for Half 108 (Docket FAA-2025-1908) closes October 6, 2025 at 11:59 ET (that’s subsequent Monday). The FAA is required to contemplate substantive public suggestions earlier than finalizing the principles.
To submit your personal remark, click on the blue remark field on the discover on the Laws.gov web site. So far as what to write down in your feedback? Take into account stating:
- Why this issues to you as a commenter
- How the proposal would have an effect on you if adopted as written
- What would make it higher, with constructive alternate options
And simply from my expertise: feedback written in your personal phrases and grounded in actual operational expertise carry probably the most weight.
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