VAI Pushes the FAA to Ditch Unsafe Low-Altitude Assumptions in Part 108

The vertical aviation community is urging the Federal Aviation Administration to revise its proposed Part 108 rule, claiming several aspects of it are based on harmful assumptions about low-altitude operations. Unveiled August 6 by Transportation Secretary Sean Duffy, the new proposed rule would (finally) allow unmanned aircraft to fly beyond visual line of sight (BVLOS) without case-by-case exemptions.

Under current rules, operators must apply for individual BVLOS waivers to conduct most commercial drone flights, including delivering packages, monitoring crops, or inspecting infrastructure. The new rule would eliminate that bottleneck, replacing it with a nationwide framework that contains a structured pathway for both low-risk and more complex drone missions.

The FAA published the NPRM on August 6, beginning a 60-day public comment period to give stakeholders a chance to respond… and boy, have they. Vertical Aviation International (VAI) has submitted numerous comments that address the FAA’s “inaccurate assumptions about the low-altitude operating environment, which could inadvertently weaken established safety frameworks and introduce unnecessary hazards into an already complex airspace.”

“Unless revised appropriately, Part 108 will create—not mitigate—the potential for midair collision and resulting casualty,” VAI continued.

The organization lists multiple examples to back these claims, including the FAA’s “dangerously incorrect” statement that manned aircraft don’t operate within 400 feet of structures, which ignores a long history of inspection, firefighting, air medical, agriculture, and law enforcement helicopter operations. VAI also commented that the agency fails to protect the least maneuverable aircraft, in this case, manned aircraft, in its complicated right-of-way rules that ultimately give drones precedence.

Other suggestions include requiring more redundant detect-and-avoid systems, implementing restrictions to shielded operations, excluding recreational operations under Part 108, and maintaining the 400-foot ceiling unless safety demands otherwise.

FMI: www.verticalavi.org