DJI FPV is it legal to fly with part 107 ?

[Smartypants2]

I recently received my part 107, my understanding is when you fly you must remain in eye contact while flying. If you are wearing the goggles you are flying by the camera ? Also what is to prevent a bird attack?

It looks fun to fly, just want to be legal

Thanks
Marty

 

[BigAl07]

In it's purest form you'll need a VO/spotter if the goggles prevent you from seeing the aircraft but who is to say you can't remove the goggles at any moment and see the aircraft.

The rules say you must BE ABLE to see the aircraft at any moment not starring at it. But wearing goggles really inhibits your Situational Awareness and could make you a serious safety thread.

 

[Thomas B]

I recently received my part 107, my understanding is when you fly you must remain in eye contact while flying. If you are wearing the goggles you are flying by the camera ? Also what is to prevent a bird attack?

It looks fun to fly, just want to be legal

Thanks
Marty

Any flying, 107 or recreational, requires you to maintain eye contact with your drone... VLOS

 

[msinger]

Any flying, 107 or recreational, requires you to maintain eye contact with your drone... VLOS

That's not true -- at least in the US. You can fly with a VO.

 

[Thomas B]

That's not true -- at least in the US. You can fly with a VO.

Agree with you..... as long as you have verbal non electronic communication
With your VO.

 

[sar104]

Agree with you..... as long as you have verbal non electronic communication
With your VO.

The method of communication is not prescribed in 107.31 or 107.33. 107.33 simply requires "effective communication with each other at all times". It doesn't rule out using radio comms.

In contrast, the recreational exception 49 U.S.C §44809 requires "direct communication" with a co-located VO, which presumably makes radio communication pointless.

 

[Thomas B]

The method of communication is not prescribed in 107.31 or 107.33. 107.33 simply requires "effective communication with each other at all times". It doesn't rule out using radio comms.

In contrast, the recreational exception 49 U.S.C §44809 requires "direct communication" with a co-located VO, which presumably makes radio communication pointless.

I stand corrected... but caution against flying while trying to use a radio setup unless a large amount of $ is invested in same.

 

[Rich QR]

For reference, the rules that cover this issue for Part 107 flying:

§ 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.


Notice that paragraph (a) says that the PIC, person manipulating controls, AND visual observer (if used) must all be able to see the the drone for the entire flight. But then paragraph (b) turns around and says that the ability to see the drone must be maintained by either the PIC and person manipulating controls, OR by a visual observer.

I suspect that they wouldn't have added paragraph (b) if they hadn't intended it to be legal to operate with a visual observer watching the drone while the pilot in command has his head down or in goggles the entire flight. But if you look at paragraph (a) in isolation, it looks like the PIC must always be able to see the drone.

 

[sar104]

For reference, the rules that cover this issue for Part 107 flying:

§ 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.


Notice that paragraph (a) says that the PIC, person manipulating controls, AND visual observer (if used) must all be able to see the the drone for the entire flight. But then paragraph (b) turns around and says that the ability to see the drone must be maintained by either the PIC and person manipulating controls, OR by a visual observer.

I suspect that they wouldn't have added paragraph (b) if they hadn't intended it to be legal to operate with a visual observer watching the drone while the pilot in command has his head down or in goggles the entire flight. But if you look at paragraph (a) in isolation, it looks like the PIC must always be able to see the drone.

The two paragraphs refer to different things, and are not inconsistent with each other. Paragraph (a) requires that they are all within visual line of sight of the aircraft, and must all be able to see it if they look for it. Paragraph (b) requires that one of them must actually be watching it at all times.

So long as the operator could remove the goggles and then see the aircraft then (a) is satisfied. And provided that the VO is actually watching it while the operator is using the goggles, then (b) is satisfied.

 

[Rchawks]

(welcome back sar )

 

[maelstrom]

So long as the operator could remove the goggles and then see the aircraft then (a) is satisfied.

No, it’s not. It says that the PIC must be able to see the drone “throughout the entire flight” which isn’t possible whenever goggles are being worn.

 

[sar104]

No, it’s not. It says that the PIC must be able to see the drone “throughout the entire flight” which isn’t possible whenever goggles are being worn.

No, you have misunderstood 107.31 (a). The statement that the RPIC must be able to see it doesn't mean that the RPIC must be looking at it, provided there is a VO who is looking at it. That situation includes the RPIC looking at a controller, and it also includes wearing goggles, as long as they can be removed if needed to look at the aircraft.

This is not a new or controversial topic - it's been addressed by the FAA and others. If you want a second opinion (beyond those already in this thread) they are not hard to find. For example:

Section 107.31 Visual line of sight aircraft operation.

Section 107.31 limits how far an aircraft can fly from the remote pilot in command. The distance is NOT set in stone. The distance changes depending on multiple factors. To understand what affects the distances, we need to understand the regulation. Section 107.31 says: “(a) With vision that is...

jrupprechtlaw.com

 

[eaglesurfing]

Ah yes... We just knew this subject would be brought back up.
Glad that the info will clear up any miss-understanding.

 

[Ralph thompson]

For those in Canada, you should be aware the a VO is not just any old buddy, the VO requires drone experience “visual observer means a trained crew member who assists the pilot in ensuring the safe conduct of a flight under visual line-of-sight. (observateur visuel)”

 

[maelstrom]

No, you have misunderstood 107.31 (a). The statement that the RPIC must be able to see it doesn't mean that the RPIC must be looking at it, provided there is a VO who is looking at it. That situation includes the RPIC looking at a controller, and it also includes wearing goggles, as long as they can be removed if needed to look at the aircraft.

I haven't misunderstood the statement - it's badly written. It says:

"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"

The "and" in the sentence implies that all of them must be able to see the drone throughout the entire flight. You would be correct if the sentence had started with "either" and the "and" had been replaced with "or":

"either the remote pilot in command, the visual observer (if one is used), or the person manipulating the flight control of the small unmanned aircraft system must be able to see the unmanned aircraft throughout the entire flight"

So at any one time, at least one of them must be looking at the drone.

 

[BigAl07]

.........

So at any one time, at least one of them must be looking at the drone.

You do realize you just confirmed (almost quoted) exactly what @sar104 said?

No, you have misunderstood 107.31 (a). The statement that the RPIC must be able to see it doesn't mean that the RPIC must be looking at it, provided there is a VO who is looking at it. That situation includes the RPIC looking at a controller, and it also includes wearing goggles, as long as they can be removed if needed to look at the aircraft.
...........

@sar104 is 100% correct and even provides official documentation to back it up.

If the VO has "Eyes On" the aircraft the RPIC is allowed to NOT be actually looking AT the aircraft at all times but must be ABLE TO if needed.

 

[NDWildBill]

Bless all you legal scholars!

 

[maelstrom]

@sar104 is 100% correct and even provides official documentation to back it up.

If the VO has "Eyes On" the aircraft the RPIC is allowed to NOT be actually looking AT the aircraft at all times but must be ABLE TO if needed.

I’m not disputing any of that. I was simply pointing out that whilst that’s what the official statement means, its not what it says. Including the word “and” in it means that everyone has to see it the drone continuously.

 

[BigAl07]

I’m not disputing any of that. I was simply pointing out that whilst that’s what the official statement means, its not what it says. Including the word “and” in it means that everyone has to see it the drone continuously.

Be ABLE to see it... only one member, the one who is fulfilling VLOS (VO, RPIC, or person manipulating the controls) is the only one that must have Eyes On the aircraft. The others can, by code, be lookin down, away, or anything but must be ABLE To get eye on quickly.

 

[BigAl07]

Bless all you legal scholars!

Thank YOU for taking the time to add valuable information to the debate.