FAA’s proposed Half 108 drone guidelines increase issues for DJI

The FAA’s proposed Half 108 laws 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 issues.

And for DJI, a kind of key sticking factors within the draft guidelines is a provision that might prohibit a key approval to both drones made in America or in any other case made in international locations with “a Bilateral Airworthiness Settlement addressing UAS.”

Right here’s the issue: The U.S. doesn’t at present have any such agreements. And it feels unlikely that — given right this moment’s geopolitical atmosphere — 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,” based on an announcement by DJI, shared on its ViewPoints weblog.

And that’s not the one main political problem for DJI nowadays. Simply final Friday, a U.S. choose rejected a bid by DJI to be faraway from the U.S. Protection Division’s listing of corporations allegedly working with Beijing’s navy.

What’s Half 108?

The proposed Half 108 guidelines would exchange the present waiver system — which may 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 at present drafted, eligibility is proscribed to U.S. manufacturing or international locations 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 issues — it’s purely primarily based on the place they have been manufactured.

So what ought to drone pilots who need 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 suggest that, as a substitute, the FAA deal with mechanisms to assessment 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,” based on an announcement 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 would threaten DJI’s place. DJI recognized a number of different elements 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 methods — from working in Class 2 areas and above. That’s a large portion of operational airspace. DJI argues these frequencies have confirmed protected for years in each VLOS and BVLOS operations, with fail-safe methods defending in opposition to interference.

Automation-only mandate: Half 108 closely favors extremely automated methods the place no pilot immediately controls the plane. This may 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 packages, infrastructure inspections — require the power 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 by means of manufacturer-provided instruments.

Website-by-site approvals: As a substitute of making a streamlined nationwide framework, operators would want FAA approval for each particular person web site. That primarily recreates the previous waiver system Half 108 was supposed to interchange. DJI argues that if operators can meet standardized security circumstances already permitted for sure operations, they need to have the ability to fly wherever within the nation.

What this implies for the drone business

Positive, DJI is looking out these points as a way of defending its market share, however DJI has been emphasizing the affect that such guidelines would have on public security businesses and different service suppliers who depend on DJI drones.

Many fireplace departments, police businesses, search and rescue groups and emergency responders throughout the USA use DJI drones. They are usually far cheaper than American-made options. If Half 108 prohibits DJI drones from BVLOS operations, it may doubtlessly set again the operational capabilities of public security businesses and different companies (or price taxpayers and prospects more cash to fund dearer DJI options).

U.S. political issues about Chinese language tech corporations

The Justice Division has been clear in courtroom filings that the U.S. “has lengthy expressed important issues concerning the nationwide safety menace posed by the connection between Chinese language know-how corporations and the Chinese language state.”

Final Friday, U.S. District Decide Paul Friedman rejected DJI’s bid to be faraway from the Pentagon’s listing of corporations allegedly working with Beijing’s navy, 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 navy” and is evaluating its authorized choices, however the precedent isn’t encouraging. The truth is, Decide Friedman made the same 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 think about substantive public suggestions earlier than finalizing the foundations.

To submit your individual remark, click on the blue remark field on the discover on the Laws.gov web site. So far as what to put in writing in your feedback? Contemplate 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 options

And simply from my expertise: feedback written in your individual phrases and grounded in actual operational expertise carry probably the most weight.

Associated