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

The FAA’s proposed Half 108 laws are alleged to revolutionize Past Visible Line of Sight (BVLOS) drone operations in america. And although the drone trade 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 may 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 presently have any such agreements. And it feels unlikely that — given at this time’s geopolitical atmosphere — one can be made with China, which is the place DJI drones are made.

“This rule would shut out many confirmed platforms out there that operators depend on, together with DJI,” in line with a press release by DJI, shared on its ViewPoints weblog.

And that’s not the one main political problem for DJI as of late. Simply final Friday, a U.S. decide rejected a bid by DJI to be faraway from the U.S. Protection Division’s listing of corporations 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 may come permits for smaller operations and certificates for higher-risk missions, each underneath a brand new airworthiness acceptance course of.

That airworthiness acceptance is the important thing phrase right here. As presently 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 underneath Half 107 waivers for BVLOS operations for years would discover those self same confirmed platforms ineligible underneath the brand new framework. That’s not essentially due to security issues — it’s purely based mostly on the place they had 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 method as a substitute.

“We advocate that, as a substitute, the FAA deal with mechanisms to evaluation the proof supplied by producers to substantiate they meet the trade adopted consensus requirements for airworthiness, as a substitute of counting on the proposed oversight method typical from airworthiness certification,” in line 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 features 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 techniques — 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 techniques defending in opposition to interference.

Automation-only mandate: Half 108 closely favors extremely automated techniques the place no pilot immediately controls the plane. This may exclude most present DJI platforms, even subtle options like DJI Dock and FlightHub 2 that mix automation with “pilot within the loop” architectures. The issue? Most current BVLOS operations underneath Half 107 waivers — safety patrols, Drone-as-First-Responder packages, infrastructure inspections — require the flexibility to change between automated and guide flight mid-mission.

Extreme knowledge reporting: The draft guidelines would require operators to share all BVLOS flight knowledge with producers. DJI calls this “pointless and burdensome for all events concerned.” The corporate proposed as a substitute that operators solely submit incident or accident info by manufacturer-provided instruments.

Web site-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 outdated waiver system Half 108 was supposed to interchange. DJI argues that if operators can meet standardized security circumstances already accredited for sure operations, they need to have the ability to fly anyplace within the nation.

What this implies for the drone trade

Certain, DJI is looking out these points as a method of defending its market share, however DJI has been emphasizing the influence 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 america use DJI drones. They are typically far cheaper than American-made options. If Half 108 prohibits DJI drones from BVLOS operations, it might doubtlessly set again the operational capabilities of public security businesses and different companies (or price taxpayers and prospects more cash to fund costlier 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 in regards to the nationwide safety menace posed by the connection between Chinese language expertise 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 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 analogous 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 principles.

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 jot down in your feedback? Think about 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