The FAA’s proposed Part 108 rule has generated significant discussion among pilots, and not all of it is positive. One major concern is that the rule allows drones to operate without a pilot directly in control, even granting them right-of-way over manned aircraft without ADS-B when both are operating below 400 feet AGL. This is unprecedented and raises safety concerns for general aviation pilots flying in low-altitude airspace.
Drones Beyond Visual Line of Sight (BVLOS)
Another controversial aspect of Part 108 is BVLOS operations. Under the proposal, drones flying beyond visual line of sight wouldn’t be required to actively detect and avoid nearby manned aircraft, yet they would still maintain right-of-way. For manned aviation pilots, this is a significant shift that could impact flight safety, especially in areas with frequent low-altitude traffic.
Population Density as a Risk Measure
The FAA plans to determine where drones can fly based largely on population density. While this seems logical on the surface, fewer people equals lower risk, it doesn’t account for sensitive infrastructure, emergency operations, or flight training activities in low-density areas. Many in the aviation community advocate for a more context-based approach, considering operational type and safety measures like geofencing or onsite supervision.
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