Unmanned aerial vehicle (UAV) operators will finally be able to fly their drones over densely inhabited areas using Beyond Visual Line of Sight (BVLOS) navigation thanks to new draft FAA regulations that are awaiting final approval.  The new regulations will also allow UAV operations to fly more than one drone at a time and are expected to establish new right-of-way rules that favor drones over crewed aircraft at lower altitudes.

The bad news?  Don’t expect the new rules to be in place anytime soon.  The FAA’s draft regulations, first issued in March 2022, are the result of an intensive review process that the FAA set in motion early last year with participation of dozens of aviation and drone industry experts as well as privacy advocates who managed to reach a consensus on fundamentals while agreeing to disagree on some contentious issues.

The FAA commenced its regulatory review in February 2021 in response to steady pressure from industry groups to update its old regulations which were widely viewed as hindering  the growth of the global drone industry, currently estimated at $8.2 billion but expected to reach $47.4 billion by 2028.  Under current FAA regulations, first issued in 2016, drone operators must go through a lengthy petition process to obtain a waiver to employ their BVLOS capability.  According to FAA data, the FAA issued just 86 BVLOS waivers between 2018 and 2021 – a paltry 2% of all waivers granted during this period.  And most were granted for research and development purposes only, which means their effect on real world drone operations was virtually nil, drone experts say.

UAV manufacturers insist that improvements in UAV design and navigational technology have greatly reduced the risk of crashes and collisions that might result if their robust BVLOS capabilities were employed routinely.  Against this meager risk, the benefits of BVLOS flights, in terms of longer duration and expanded service delivery are enormous, studies show.

The same risk-benefit issue applies to multiple drone operations by the same UAV user.  Improvements in flight navigation as well as enhanced detect-and-avoid drone technology have made drone flights far safer while making close monitoring of an individual drone aircraft by its remote pilot far less necessary.  Even autonomous drone flights by the same user face a reduced risk, studies show.  The specter of uncontrolled drones flying chaotically through airspace, colliding with each other and with manned craft, has faded, experts say.

Another enormous breakthrough in the draft regulations is the determination that UAVs should enjoy the right-of-way over crewed aircraft over buildings and infrastructure at lower altitudes.  Current FAA regulations give crewed vehicles the right-of-way, regardless of the altitude.  The new ruling is a tacit acknowledgement that drones offer unique capabilities and services that justify giving them privileged status in some settings.

Experts say it’s only the beginning of UAVs encroaching on the traditional privileges enjoyed by manned aircraft.  As drones continue to prove themselves, even passenger traffic at higher altitudes might soon be conducted, at least in part, by UAVs, they insist.  (Aware of the implications, not all members of the review panel agreed with his draft rule).

The new drone regulations won’t be implemented overnight.  Consider the fate of the FAA’s new remote identification of drone (RID) rule first issued back in December 2019.  The new rule requires all drones over 0.55 pounds registered with the FAA to have an electronic license plate to broadcast message elements, such as the drone and operator location, to both the public and law enforcement.  Though non-controversial, it took the FAA almost 16 months to finally publish the RID rule.

The FAA hasn’t yet decided how to establish a final rule-making process f0r its latest recommendations; the draft review process itself took nine months to complete, three months longer than expected.  Given the scope and implications of the new rules, it could take another two years or more before the FAA issues its final approval.  Drone manufacturers, citing threats to US competitiveness, are hoping to accelerate that timetable.  In the interim, the FAA will likely issue more waivers for BVLOS flights while easing other restrictions, industry analysts say.

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