FAA vs. EASA: Why Two Rulebooks for the Same Drone Survey?

FAA vs. EASA: Why Two Rulebooks for the Same Drone Survey?

A survey firm executing that same BVLOS pipeline mapping workflow in Texas and (at the exact same time) in the Netherlands will experience two entirely different regulatory realities, yet even on paper the drone, sensor, and flight plan are identical. One country still needs a waiver for every flight. The other has a standardised approval route with a timetable. Neither is wrong — they're just based on entirely opposite philosophies, so that difference will shape your timeline through the entire project if you're planning cross-border operations.

Where the US Actually Stands

As of September 2026, the FAA's Part 108 rule — the framework meant to finally standardize BVLOS operations — is still not final. OIRA has had it under review since July 10, 2026, past its original expectations for release in the spring. Until it publishes, US commercial BVLOS flights must still pursue Part 107 waivers from the FAA on a case-by-case basis — the same brittle, per-flight system operators have been clamoring for years to replace.

That doesn't mean nothing is happening. The industry has kept on scaling — cumulative US drone flights surpassed 65 million in August 2026 — but that growth occurs under an interim system, not the standardized one operators have been waiting for. The honest planning assumption, therefore, is: Part 107 waivers — not Part 108 — for now, if you are a US-based firm undertaking drone survey operations at scale this year.

Where the EU Actually Stands

EASA, on the other hand, already has a fully integrated framework. Drone operations are classified into three broad risk-based categories — Open, Specific, and Certified — but each operation that is beyond visual line of sight (BVLOS) must be approved on a case-by-case basis via a Specific Operations Risk Assessment (SORA). For lower-risk BVLOS in low-populated regions, there is a pre-defined fast track: Standard Scenario STS-02, allowing operators to avoid going through the entire custom risk assessment if their operation fits the mould. In addition, EASA has done away with the previous hodgepodge of national permits in favor of a simple set of class labelling that runs from C0-C6 and one EU pilot certificate, good across every single EU member state — no longer do you need to recertify as a pilot to fly in Germany if you're certified in Spain.

The Practical Difference This Makes on the Ground

This is not just a paperwork thing — it manifests in project timelines and infrastructure. Multiple EU nations now have live U-space corridors — the European version of automated air traffic control for drones — deployed today, including Amsterdam in the Netherlands, which has logged a corridor since 2024, and Copenhagen in Denmark, similarly active across that stretch with more than 30 commercial BVLOS licenses approved there over just this past calendar year (2025 alone). But the US does not yet have that live, standardized BVLOS traffic management stack at scale. Approval timelines also vary significantly country to country within the EU itself — the Netherlands typically takes 3-6 months for a first BVLOS application, Italy 4-8 months, the UK 6-12 months. None of these is speedy, however each is a recognized, plannable window. As of today in the US, there isn't yet a standardized timeframe for when BVLOS approval will actually be granted, so the best answer to an honest "how long will it take" question is still essentially: it depends on the waiver process.

What This Means for Firms Working Both Sides

If your GIS and remote sensing work straddles both regions, the practical takeaway at present is simple: don't plan US BVLOS timelines around Part 108 landing this year — except in cases where you have a clear publication date, assume Part 107 waivers as the operating reality. For EU operations, price in realistic country-specific windows (3-12 months depending on jurisdiction) and ascertain whether your operation meets a Standard Scenario before simply saying you need a fully bespoke SORA. These two systems are not mixing yet, and companies in both areas will need two separate playbooks — not one based on an assumption of rough equivalence.

Where This Goes Next

Commercial UAV Expo 2026 is ending its program with a session specifically contrasting FAA and EASA approaches to BVLOS operations, which is at least a clue that this gap has become prominent. A must-watch for anyone making multi-year infrastructure decisions predicated on when, in practice, one framework will catch up to the other.

Frequently Asked Questions

Is Part 108 finalized yet?
No. It remains under OIRA review as of September 2026, having missed its original spring 2026 target and lacking a confirmed publication date.

Are you allowed to fly BVLOS in the US as of September 2026?
Yes, via a Part 107 waiver process, approved on a case-by-case basis — not under a consistent framework.

Will an EU drone pilot certificate be valid in all EU nations?
Yes. The single European pilot licence is recognised in all EU member states, and replaces the previous system of split national permits.

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