Mission records tied to each release decision.
Flight date, route, crew, aircraft, and the operational state at release. Evidence that you operated inside your waiver envelope.
Part 107 BVLOS waiver to Part 108
What happens to your Part 107 BVLOS waiver under proposed Part 108?
The NPRM proposes ending new BVLOS waivers. What happens to an existing Part 107 BVLOS waiver under proposed Part 108 is still unresolved. This brief maps three waiver-to-108 paths and the records to prepare now: connected evidence, special provisions as rules, and a shadow-mode history under current authority. See BVLOS compliance software for the dispatch release, and Part 108 recordkeeping software for proposed §108.40 records and the §108.45 evidence pack.
Three waiver-to-108 paths
The NPRM does not resolve how existing Part 107 BVLOS waivers transition. Three outcomes are plausible.
Each path carries a different timetable. The records that survive any outcome are the same: connected evidence behind each release, special provisions encoded as dispatch rules, and a shadow-mode history under current Part 107 or waiver authority. The final rule may land on one of these, a hybrid, or something else.
Scenario
What it means
Record posture
Streamlined conversion
Existing waiver holders convert to Part 108 authority through a defined application path. Conversion may require evidence of operational history, safety record, and recordkeeping maturity.
Keep connected evidence of each release. Treat special provisions as the rules you already fly. Build a shadow-mode history that shows how proposed Part 108 checks would have run.
Honored through expiration
Waivers remain valid until their stated expiration. After expiration, operators must apply for Part 108 authority. No automatic conversion path exists.
Keep waiver-envelope records until expiration. Keep special provisions as live dispatch rules. Run shadow-mode checks so the later application is not a reconstruction.
Hard sunset
A fixed date ends waiver authority regardless of expiration. All operators must hold Part 108 authority by that date or cease BVLOS operations.
Accelerate connected evidence now. Encode special provisions as rules you can replay. Use shadow-mode history as the readiness record before a cutoff.
Today's dispatch gate
Your special provisions already define what you must check before release.
A Part 107 BVLOS waiver includes special provisions tailored to your operation. Those provisions are your current operating envelope: airspace limits, altitude restrictions, time-of-day constraints, equipment requirements, crew roles, and operational boundaries. Under §107.7, you must produce records of compliance on request. This is the dispatch gate you already operate under. BVLOS compliance software checks those waiver special provisions before release.
- Airspace and altitude Where and how high your operation is authorized
- Equipment and configuration Required aircraft systems and DAA equipment
- Personnel and roles PIC, VO, and crew qualifications for the operation
Records to keep now
The records that survive any waiver-to-108 path are the ones you should build today.
Regardless of which scenario the final rule adopts, three evidence habits appear in all three paths: connected evidence behind each release, special provisions encoded as rules, and a shadow-mode history under current authority. Operators that keep those records in normal operations will be better positioned for conversion, application, or an accelerated cutoff.
What was installed and accepted for each flight.
Serial numbers, firmware versions, installed components, and configuration snapshots that show the aircraft matched your accepted system.
Who was qualified and current for each operation.
Training records, currency status, and role assignments for PIC, VO, and any required operational roles.
How you tracked hazards and corrective actions.
Open findings, incident reports, and corrective action records that demonstrate safety management maturity.
See Part 108 Recordkeeping Software for how Ledger maps proposed recordkeeping requirements to objects you can build today.
Waiver risk
The risk is not Part 108 itself. The risk is transition without evidence.
Operators that treat their waiver period as informal time will arrive at Part 108 with folders of unconnected logs. Operators that keep connected records during waiver operations will have a compliance history to reference. The final rule will not invent your operational record for you.
Waiver compliance today
Part 108 evidence in shadow
Conversion-ready posture
What to do next
Build the transition record while you keep flying.
- Track waiver special provisions as dispatch rules
- Connect each flight to the records that released it
- Run proposed Part 108 checks in shadow mode
- Generate evidence packs for any reviewer
Stay informed on Part 108 transition.
Get updates when the final rule package clears OIRA or when this brief is updated with new regulatory developments.