One of the most blurred rules in drone operations is the legal requisite to operate an unmanned aircraft (‘UA’) while maintaining constant visual line of sight (‘VLOS’) of the aircraft while in flight. Whether or not the FAA went about creating a confusing drone mandate is perhaps an argument for another day. For now, we set our sights upon a most troublesome common sense UAS safety concern by taking an in-focused look at how an unmanned aircraft pilot goes about determining their maximum visual line of sight distance for a given in-flight aerial drone mission and some of the factors that affect a UA pilot’s ability to maintain constant visual observation during in-flight operations.

First, let’s review and consider the FAA’s visual line of sight rules.

In its most basic term, the unmanned aircraft must always be visible to the pilot. Visual line of sight operations are an integral part of UAS mission operations in which the aerial drone remote pilot in command maintains constant, unaided visual observation of the unmanned aircraft whenever the UA is in flight.

Visual Line of Sight Rules apply to small unmanned aircraft pilots in the same way that Visual Flight Rules (VFR) apply to manned aircraft pilots. VFR are a set of regulations governing piloting an aircraft during weather conditions that allow for visibility and increased aviation and public safety. According to the FAA, VFR zeroes in on a “see and avoid” precept.

In manned aviation, this rule is generally accomplished by having a pilot on-board the aircraft looking from the inside out scanning the horizon for other air traffic that may cross into their airspace which could adversely affect aviation safety. In contrast, unmanned aviation alleviates the ability for the pilot to “see” other aircraft from the aircraft itself. Thus, present FAA regulations require that without an FAA authorized waiver, all small aerial drones (sUAS) operations be duly conducted within the framework of visual line of sight.

During flight, the pilot in command of a small UAS must be able to maintain physical visual line of sight of the small unmanned aircraft. VLOS must be conducted unaided by sight-augmentation technologies such as binoculars or infrared goggles with exception of prescription glasses or contact lenses.

Visual Line of Sight Aircraft Operation Rule (VLOS)

§ 107.31 Visual line of sight aircraft operation.

(a) With vision that is unaided by any device other than corrective lenses, the remote pilot in command, the visual observer (if one is used), and the person manipulating the flight control of the small unmanned aircraft system must be able to see the unmanned aircraft throughout the entire flight in order to:

1. Know the unmanned aircraft’s location;
2. Determine the unmanned aircraft’s attitude, altitude, and direction of flight;
3. Observe the airspace for other air traffic or hazards; and
4. Determine that the unmanned aircraft does not endanger the life or property of another.

(b) Throughout the entire flight of the small unmanned aircraft, the ability described in paragraph (a) of this section must be exercised by either:

1. The remote pilot in command and the person manipulating the flight controls of the small unmanned aircraft system; or
2. A visual observer.

The Dilemma of the Visual Line of Sight Rule

It’s one thing to spot your aerial drone dot far off in the distant sky, but it’s a whole other thing being able to accurately identify the unmanned aircraft’s attitude, altitude, or even direction of flight which would violate the FAA’s visual line of sight rule – putting the pilot at high risk of breaking federal law and suffering severe consequences – particularly in light of today’s demand for heightened airspace security.

According to iN-SIGHT, “VLOS, as it’s written now, is almost impossible to follow. In fact, in some circumstances the requirement can be actually kind of dangerous – especially if you are dealing with a person who is new to flying drones. You may become anxious and flustered because of losing visual sight of the UA – which effects the overall safety of the flight – making the flight more perilous.”

What’s a sUAS pilot to do about this somewhat confusing dilemma? If the pilot holds true to such requisite while in flight, how would the pilot look away from the aircraft to look down to view and interpret the remote monitor without losing visual line of sight? The short answer: The sUAS pilot in command is physically incapable of pulling off a avionic multitask of this persuasion – not to mention failing to follow to FAA VLOS regulation as presently written.

On the FAA/VLOS Horizon

The UA industry has taken off at a rapid pace. Commercial and consumer demand are trending ever-skyward as newer, bright and shiny flying technological marvels take to the skies – competing for greater market penetration and market share along with increased social and cultural awareness and enhanced public acceptance with magnified global flyer enthusiasm.

When an industry evolves, many things change across its ever-shifting panorama as new ideas, new challenges, new challengers, new technologies, and tried and true experiences are introduced, discussed, argued, and at times, transformed into smarter, more intelligent rules and regulations. The UA business genre is an industry that follows the same notable growth process as it continues it’s flight plan into the future.

VLOS: Left to Our Own Devices

For now, as drone pilots everywhere anticipate the Remote ID standards to take full effect, each UA pilot needs to take full personal and professional responsibility for all airworthy aspects of their flight equipment, flight planning, safer aerial missions, industry news and regulation awareness, and a cogent continued education plan. Plus, a hefty dosage of common sense need be applied to all UA activities at all times.

In dealing with UA pilot in command VLOS dilemma, it is critically essential that each pilot be comprehensively aware of their current state of mind, overall health prognosis, understanding all rules and regulations, unique pilot/personal strengths, and pilot/personal weaknesses or limitations. This is where honest self-assessment meets the runway. “If you succeed, it’s your fault. If you fail, it’s your fault, too.” As safety-centered aerial drone pilots, we must always strive to increase our opportunity for success, while mitigating risk for failure.

As we consider factors related to maintaining visual line of sight as mandated by the FAA in conjunction with taking personal responsibility for our actions, how might we self-determine what we can actually see at a given distance in the air with our naked eye?

What if UA pilots set for ourselves maximum flight distances based on flight conditions and particularly, our own individual visual capability?

How Far Can VLOS Aerial Drone Pilots Clearly See?

Some pilots say they can see their drone in the sky no farther than 300 feet away. Some other pilots claim to be able to spot their drone at aerial distances of over one mile away. At these visual line of sight distances were the pilots also able to accurately identify the altitude, attitude, and direction of the in-flight unmanned aircraft? What factors are at play when teaming your visual capabilities and defining maximum flight distances?

The following infographic, “Determining the UA Pilot’s Maximum Visual Line of Sight Distance,” is presented as a brief overview to highlight a few factors that affect a UA pilot’s ability to maintain constant visual observation during in-flight operations.

UAS Pilots Helping UAS Pilots, Helps FAA

To aviators, practicing intelligent aerial safety strategies is paramount. It’s a commonality shared by all aviators who share the sky – 24/7.  Let every UAS pilot – big and small, certified and recreational embrace our privileged role as smart and safe aerial environmentalists. That is, let us assume a co-leadership role when it comes to doing our very best to help keep our skies and the surrounding ground public as safe as possible.

Takeaway

Maintaining visual line of sight (VLOS) during drone operations is not just a regulatory requirement but also a critical safety measure for all drone pilots. The FAA’s VLOS rule ensures that pilots can maintain full awareness of their aircraft’s position, direction, and surrounding environment. However, determining the maximum distance at which a drone can be clearly seen varies widely among pilots and depends on various factors such as personal visual capability, weather conditions, and aircraft size.

While the rule may seem difficult to follow in some situations, it’s essential for pilots to take personal responsibility, continuously assess their own limitations, and plan flights accordingly to enhance safety and compliance.

Fly smart, stay sharp, and your drone business will soar to new heights. 😉 T

If you have any questions, let us know! If you’d like to hire us, you can get more information here.

Written by: Tony Marino, MBA – FAA Certified Part 107 Commercial Drone Pilot and Chief Business Strategist at Aerial Northwest

Disclaimer: The information provided in this blog post is for general informational purposes only and should not be construed as legal advice.

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