The FAA’s Part 107 rule regulating small uncrewed aircraft systems (UAS), or drones, opened up new career opportunities for aviators, of whom nearly half a million have secured Part 107 remote pilot certification.
According to Dacoda Bartels, chief operating officer of drone services provider (DSP) FlyGuys, Part 107 also created a “monster.”
“When Part 107 came out, the barrier to entry wasn’t just lowered,” Bartels said. “It’s like they just dropped the thing on the floor.”
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FlyGuys, which in July raised $13 million, is one of a handful of DSPs that have capitalized on the opportunity Part 107 created. Another, Zeitview, raised $60 million in March. Bartels said FlyGuys’ “two-sided marketplace”—which connects drone pilots with third-party customers—has more than 18,000 certificated remote pilots who own their own equipment. He compared it to gig economy platforms such as Uber.
“A thing that we like to say is we’re local, everywhere,” Bartels said. “And in most cases—almost every single case—we have a pilot within 20 miles of any location.”
Pilots that use FlyGuys or Zeitview are typically performing aerial data collection, often for software or artificial intelligence companies. At the same time, drone delivery operators such as Wing and Zipline are using UAS to move cargo, including hot food and cold beverages. Law enforcement agencies are beginning to deploy them as first responders, and public safety agencies as eyes in the sky following natural disasters.
All of them face one key limitation—range.
New Opportunities…and Questions
Without a waiver or exemption, Part 107 operators can’t fly beyond the visual line of sight (BVLOS) of the pilot or human observer below the flight path. That poses challenges for a farmer using a drone to spray 100 acres of crops, for example.
“That pilot currently has to reposition three different times to capture that 100-acre field,” Bartels said. “You can see how these repositions just eat away at money he could be making.”
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That could change under Part 108—the FAA’s proposed rule for BVLOS drone operations. Released in August, the proposal represents the most consequential UAS regulation since Part 107’s adoption.
“Under [Part] 108, that pilot could stand in one position to fly that entire 100 acres,” Bartels said.
But for all of the potential opportunities under Part 108, there are just as many concerns. Even FlyGuys, which stands to benefit greatly from the rule’s adoption, supports a methodical approach.
“Safety is critical. It’s paramount,” Bartels said. “We’re going to have drones flying over people—unwilling participants who have no idea that it’s happening—all over the place. And there need to be some very strict rules that are incredibly easy to enforce.”
What Is Part 108?
Since Part 107 opened up U.S. airspace to small drones, the biggest grievance among operators is the FAA’s BVLOS limitation. Though it can be waived, many operators are forced to keep their drones where they can see them, capping their range.
Part 108 would shift that paradigm. Rather than securing a BVLOS exemption, operators would apply for a Part 108 permit or certificate by showing compliance with industry consensus standards. With that authorization, they would be subject to a new set of rules that allow BVLOS operations broadly—not just in a single location.
The rule would permit drone operations in Class B, C, D, E, and G airspace, including near airports, as well as in shielded areas—those within 100 feet of a structure. It also covers operations over people, opening up urban drone services.
Safety requirements would be determined by the level of risk. For instance, drones flying over a large crowd would face stricter requirements than those flying over an open field. In the most high-risk scenarios, drones would be required to detect all other aircraft. But in certain cases they would have right of way (ROW) over crewed, passenger-carrying aircraft. Part 108 operations will also not require a traditional airman certificate, shifting the burden of training to the operator. They will be required to maintain operations supervisors, responsible for overall safety, and flight coordinators, who monitor flights.
Problems With Part 108
The FAA received thousands of comments in response to its proposal—and many were critical. The Aircraft Owners and Pilots Association (AOPA) and Air Line Pilots Association (ALPA) were among the most vocal detractors. But even FlyGuys has concerns.
“From the perspective of manned aviation, you think there are these toys flying around all over the place, with people who have no understanding of the rules, no respect for the rules, because they probably have never even heard of them,” Bartels said. “[Part 107] left a bad taste in pilots’ mouths…I’m really hoping that there are a lot more restrictions.”
One of AOPA’s chief concerns is ROW. The FAA said that crewed aircraft are “extremely unlikely to be operating” in shielded areas and Class D, E, and G airspace. Therefore, the regulator reasoned, drones should have ROW in those settings. It also proposed that drones have ROW over crewed aircraft that are not broadcasting their location.
![Wing has partnered with Walmart for drone delivery in Dallas, Houston, and Atlanta. [Credit: Wing]](https://www.flyingmag.com/wp-content/uploads/2026/06/Courtesy-Wing.jpg?w=1024)
Historically, ROW has been determined by maneuverability rather than equipment, and AOPA believes it should remain that way. The group argued that crewed aircraft should always take precedence, regardless of the equipment or scenario. Bartels agreed.
“I don’t know how you could give right of way to anyone other than the manned aircraft, it seems to me,” Bartles said.
Equipage has been a major point of contention between crewed aviation groups and the drone industry. The FAA proposed that Part 108 drones be capable of detecting all aircraft, regardless of whether they are broadcasting location data. The industry countered that all crewed aircraft should be equipped with ADS-B or electronic conspicuity systems, eliminating the need for drone systems capable of detecting nonconspicuous aircraft. Another point of disagreement is the reliability of ADS-B and detect-and-avoid (DAA) systems that broadcast the drone’s location and steer it clear of obstacles. To illustrate those concerns, AOPA cited an incident in October where two Amazon Prime Air delivery drones crashed into the same crane boom.
Equipage has been a major point of contention between crewed aviation groups and the drone industry. The FAA proposed that Part 108 drones be capable of detecting all aircraft, regardless of whether they are broadcasting location data. The industry argued it should go even further, countering that all crewed aircraft should be equipped with ADS-B or electronic conspicuity systems. AOPA rejected that suggestion.
ALPA and AOPA contend that drones are simply not ready for heavily controlled airspace, which will require them to communicate with air traffic controllers (ATCs) and navigate manned traffic. They also worried about the process of authorizing Part 108 operators, calling for greater FAA involvement.
Bartels pointed out that the proposal lacks provisions for maintenance akin to Part 145 repair station certification—a fixture of crewed aviation. He also questioned how exactly the FAA will oversee the new Part 108 entrants.
“It’s one thing to come up with these rules,” he said. “It’s another thing to enforce them. With half a million different licensed operators out there, who is policing these people?”
That’s a problem the FAA faces already under Part 107.
As more drones are registered, disruptions at outdoor gatherings, concerts, and even professional sporting events are increasingly common. The NFL during its 2023 season experienced more than 2,800 drone incursions into temporary restricted airspace around its stadiums. That’s an uptick from about 1,300 disruptions in 2021. Even the U.S. military has reported unauthorized drone sightings over its facilities.
When a UAS is spotted, NFL referees will halt play and move players safely to the sideline. Until December, when the Safer Skies Act was codified as part of the 2026 National Defense Authorization Act, only a handful of federal offices had the authority to jam, intercept, or take down illegal drones. It remains to be seen how effective state and local authorities will be in implementing those permissions under the new legislation.
Considering what Part 108 proposes, oversight and enforcement of the new rules could be a major issue, particularly around airports. The FAA has an opportunity to learn from the rollout of Part 107 and manned aviation’s negative reaction to it. But only if it listens to pilots, industry groups, and even drone industry stakeholders themselves.
This column first appeared in the May Issue 970 of the FLYING print edition.
