New FAA Part 108 rule could lock DJI pilots out of BVLOS

If you fly a DJI drone in the United States for professional purposes, buckle up: the Federal Aviation Administration’s new draft rule, FAA Part 108, could dramatically alter the way you operate. On paper, Part 108 is meant to finally normalize routine beyond visual line of sight (BVLOS) flights at scale, a move many in the drone industry have been waiting for years. But as written, it could shut out much of the existing DJI fleet, or any other non-US-made drone that American pilots actually use every day.

That means search-and-rescue crews, utility inspectors, agricultural operators, and even small businesses shooting aerial footage could suddenly find themselves on the outside looking in. DJI, the world’s largest drone manufacturer, has warned in its official response that the proposal doesn’t just set safety standards; it risks grounding much of America’s current fleet. For US drone pilots, the message is clear: unless changes are made, the aircraft you already own might not qualify for the new era of BVLOS.

What’s at stake for US drone pilots

For years, drone pilots in the US have had to operate under Part 107, where most BVLOS missions require a waiver from the FAA. That process can take months, delaying work and limiting the scope of projects. Part 108 is supposed to replace that patchwork with a streamlined, nationwide system.

But here’s the catch: the draft rules as they stand don’t line up with the way most people actually fly drones in America today.

• Law enforcement and first responders who rely heavily on DJI aircraft could be sidelined. Programs like Drone-as-First-Responder (DFR) hinge on speed and reliability, but if DJI drones can’t qualify under Part 108, those operations grind to a halt.
• Utility and infrastructure inspectors might lose access to the tools they’ve already invested in. Towers, bridges, and pipelines across the US are surveyed with DJI drones every day — replacing them won’t be cheap or easy.
• Agriculture operators could face added headaches. Many larger ag drones already operate outside Part 107 and require exemptions, but Part 108 layers on even more requirements that DJI says don’t reflect real-world risk.
• Small businesses and content creators could find themselves locked out of BVLOS opportunities altogether. The FAA wants high levels of automation, which could make manual flying — the bread and butter for many pilots — practically obsolete.

In other words, the very pilots who’ve proven drones’ value in the US may be the ones left behind.

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Where DJI is pushing back

DJI has gone on record supporting the FAA’s effort to build a scalable BVLOS framework. But in a detailed blog post responding to Part 108, the company points out several provisions that “would not allow the vast bulk of drones in current use to be utilized under the rule.”

Here’s where DJI sees red flags:

• Country of manufacture (§ 108.700)
  As drafted, only drones built in the US or in countries with specific bilateral agreements could qualify. “Today, the US does not have any agreements with other countries that would let foreign drone makers apply,” DJI explains. That means DJI drones, despite their wide adoption and safety record, would be excluded.
• Radio frequency bans (§ 108.185(d)(2))
  Most DJI aircraft use the 2.4 GHz and 5.8 GHz bands for control links, the same frequencies as Wi-Fi. The FAA proposes to ban these for BVLOS in certain categories, citing interference concerns. DJI counters that “drones have safely flown in VLOS and BVLOS (under waivers) for years, using these bands,” often with built-in failsafes. If the rule goes through unchanged, it could knock out the vast majority of existing DJI models.
• Automation vs. manual control (§ 108.810)
  The FAA envisions drones with a high degree of automation, but DJI notes that “most drones are manually flown with remote controllers.” Even systems like DJI Dock, which add automation, still involve a “pilot in the loop.” Excluding manual control could cripple industries where operators need to switch seamlessly between automated and human-driven flight.
• Low-risk BVLOS treated like high-risk
  DJI says the draft sweeps in too many simple operations — like extended visual line of sight or shielded flights around infrastructure — and subjects them to the same heavy requirements as complex urban delivery missions. “These operations are tightly contained within predefined areas and already use mitigations,” DJI argues, meaning the extra burdens don’t meaningfully reduce risk.
• Cumbersome registration and approvals
  Under Part 108, even sub-55 lb drones would be forced back into the clunky Part 47 aircraft registration system instead of the digital Part 48 platform designed for drones. DJI calls this unnecessary bureaucracy, pointing out the FAA already has digital portals for document submissions.

The net effect? DJI warns that the proposed framework doesn’t just set up BVLOS for growth; it could stall it, by sidelining the drones that most operators already trust.

A familiar pattern: US moves against DJI

For many drone pilots, none of this will sound entirely new. DJI has been a repeated target in US policy debates. Lawmakers have accused the company of ties to the Chinese government and raised national security concerns. Efforts to ban federal agencies from using DJI drones have circulated in Congress for years.

This backdrop matters. By tying eligibility under Part 108 to where drones are manufactured, the FAA isn’t explicitly banning DJI — but the result could be the same. For everyday operators, it’s another reminder that geopolitics and drone policy are colliding, and the fallout could land squarely on their shoulders.

What can drone pilots do now?

The good news is that Part 108 is still a draft, and the FAA is taking public comment until October 6, 2025. That means US drone pilots, companies, and industry groups have a window to speak up.

DJI has already filed its response and urged adjustments to make the rule “truly scalable, practical, and inclusive.” For individual operators, this is a chance to put your own experience on the record. The FAA wants to hear how the proposal would affect you, why it matters, and what alternatives might make more sense. Copy-paste comments won’t carry much weight, but first-hand perspectives — from small businesses, public safety agencies, or independent pilots — can.

Because make no mistake: if the draft goes through as written, the future of BVLOS in America may not include the DJI drones you already own.

Part 108 is supposed to be the long-awaited unlock for routine BVLOS flights, giving drone pilots a way to expand their work without wading through endless waivers. But unless it’s amended, it could end up locking out the very aircraft that built America’s drone economy in the first place.

For American DJI pilots, that means uncertainty. Do you risk investing in new hardware? Do you wait and see if the FAA adjusts course? Or do you join the growing chorus asking for rules that reflect how drones are actually used in the real world? The next few weeks will tell. But one thing’s certain: the clock is ticking, and a lot of US drone operators have a lot to lose.

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