Then you'd be proved wrong. Though I am flying a CCC mission at that distance, I am able to track my H every step of the way. And, I never stated I wasn't looking at my screen. VLOS states only that you are able too see your bird, not how you control it.
Using the following it would be interesting to see how a case turned out for careless and reckless operation of an aircraft. The phrase "such as" does not mean "limited to".
73 FR 46803. The
statute does not require FAA to exempt
model aircraft from those rules because
those rules are not specifically regarding
model aircraft. On the other hand, a
model aircraft operated pursuant to the
terms of section 336 would potentially
be excepted from a UAS aircraft
certification rule, for example, because
of the limitation on future rulemaking
specifically ‘‘regarding a model aircraft,
or an aircraft being developed as a
model aircraft.’’ Public Law 112–95,
section 336(a). The FAA interprets the
section 336 rulemaking prohibition as
one that must be evaluated on a rule-by-
rule basis.
Although the FAA believes the
statutory definition of a model aircraft is
clear, the FAA provides the following
explanation of the meanings of ‘‘visual
line of sight’’ and ‘‘hobby or recreational
purpose,’’ terms used in the definition
of model aircraft, because the FAA has
received a number of questions in this
area.
By definition, a model aircraft must
be ‘‘flown within visual line of sight of
the person operating the aircraft.’’
Public Law 112–95, section 336(c)(2).
1
Based on the plain language of the
statute, the FAA interprets this
requirement to mean that: (1) The
aircraft must be visible at all times to
the operator; (2) that the operator must
use his or her own natural vision (which
includes vision corrected by standard
eyeglasses or contact lenses) to observe
the aircraft; and (3) people other than
the operator may not be used in lieu of
the operator for maintaining visual line
of sight. Under the criteria above, visual
line of sight would mean that the
operator has an unobstructed view of
the model aircraft. To ensure that the
operator has the best view of the
aircraft, the statutory requirement
would preclude the use of vision-
enhancing devices, such as binoculars,
night vision goggles, powered vision
magnifying devices, and goggles
designed to provide a ‘‘first-person
view’’ from the model.
2
Such devices
would limit the operator’s field of view
thereby reducing his or her ability to
see-and-avoid other aircraft in the area.
Additionally, some of these devices
could dramatically increase the distance
at which an operator could see the
aircraft, rendering the statutory visual-
line-of-sight requirements meaningless.
Finally, based on the plain language of
the statute, which says that aircraft must
be ‘‘flown within the visual line of sight
of the
person operating the aircraft,
’’ an
operator could not rely on another
person to satisfy the visual line of sight
requirement.
See id.
(emphasis added).
While the statute would not preclude
using an observer to augment the safety
of the operation, the operator must be
able to view the aircraft at all times.
