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FAA Part 107 ~ VLOS and Visual Observer Discussion

BigAl07

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We have a LOT of confusion about what a VO can do and can't do in terms of Part 107 (as currently written 3/29/2021). This is likely to change in the future as technology changes.

  • The VO does NOT extend VLOS of the RPIC. The RPIC must "Be Able" to put eyes on the aircraft during every aspect of the flight......100% of the flight.
  • The VO can assume VLOS duties to allow the RPIC to look away from the aircraft to do other things that could enhance safety etc (look at other equipment, telemetry etc). This is a TEMPORARY allowance and as already stated the RPIC but BE ABLE to look up and see the aircraft at any moment.

At one time there was a statement that the communications between RPIC and VO could not be electronic but that is no longer the case. It CAN be electronic but since the Primary VO (I'll call this Primary VO since often times an operation has multiple VO's) can not extend the RPIC VLOS it's not really needed. For additional VO's etc it is a good idea.

Where it gets confusing is when you try to take ONE part of the Regulation and NOT read the entire thing because it ALL applies and it must be read in order and understood.

Below is ~107.31 unedited and then I'll break it down to hopefully remove some of the confusion:

*********************** Start of 107.31 ******************************

§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.

*********************** End of 107.31 ******************************

So here are the key components I want to give emphasis to:

....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

What's important is the AND aspect of the rule. This solidifies my statement that the RPIC must be able to SEE the aircraft the entire flight so a VO can not extend VLOS beyond what the RPIC can see.

Below is the portion that causes a lot of confusion but we can break it down fairly easily. Keep in mind that part (b) does not "live" by itself. Part (a) must be satisfied wholly.


(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 only thing part (b) does is ALLOW the RPIC to temporarily look away from the aircraft to do other things needed (look at display units, telemetry etc). This merely allows a brief period of time the RPIC is not ACTIVELY looking at the aircraft but the entire time the RPIC must be ABLE to look up and see the aircraft or you are no longer compliant to ~107.31

Some operations can have multiple VO's (we use more than one when operating at night in high stress environments) but the Primary VO is the one who can assume temporary VLOS operations only. A remote VO would violate Part (a) of 107.31.
 
I have been reading FARs for 37 years as a pilot. I really appreciate your breaking this down. I am a new drone pilot and I hate to admit it but I like reading FARs and learning. They are a murder mystery, suspense thriller, occasionally utilized by medical sleep specialists for difficult patients all in one.:) Understandable on the first read through? Not likely.
 
I have been reading FARs for 37 years as a pilot. I really appreciate your breaking this down. I am a new drone pilot and I hate to admit it but I like reading FARs and learning. They are a murder mystery, suspense thriller, occasionally utilized by medical sleep specialists for difficult patients all in one.:) Understandable on the first read through? Not likely.

You pretty much nailed it!! Thanks for your input.

I think the best advice we can give anyone "reading" the FARs is to understand you can't pick & chose one phrase and apply it. They are written to be taken WHOLLY! So many portions "live" in another portion or need another because it won't stand alone. This one is a classic example. If you merely read part (b) and ignore part (a) it gives a completely different meaning but part (a) must be met first.
 
You pretty much nailed it!! Thanks for your input.

I think the best advice we can give anyone "reading" the FARs is to understand you can't pick & chose one phrase and apply it. They are written to be taken WHOLLY! So many portions "live" in another portion or need another because it won't stand alone. This one is a classic example. If you merely read part (b) and ignore part (a) it gives a completely different meaning but part (a) must be met first.
Ok back at you...."You" nailed it on FARs. PS I was a former FAASTeam Rep and later Lead Rep. Thanks for your service to the industry and education!
 
Ok back at you...."You" nailed it on FARs. PS I was a former FAASTeam Rep and later Lead Rep. Thanks for your service to the industry and education!

Ah very good. I like hearing that. We are definitely doing all we can to help "clear the fog" and bridge the gap between Regulations and Operators but it's an uphill battle LOL.

Right now, with the regulations changing so quickly it's quite the challenge but fortunately I eat, sleep, and breathe his nonsense LOL!

It's great to hear of your experience and background. It will definitely benefit you greatly in this industry.
 
We have a LOT of confusion about what a VO can do and can't do in terms of Part 107 (as currently written 3/29/2021). This is likely to change in the future as technology changes.

  • The VO does NOT extend VLOS of the RPIC. The RPIC must "Be Able" to put eyes on the aircraft during every aspect of the flight......100% of the flight.
  • The VO can assume VLOS duties to allow the RPIC to look away from the aircraft to do other things that could enhance safety etc (look at other equipment, telemetry etc). This is a TEMPORARY allowance and as already stated the RPIC but BE ABLE to look up and see the aircraft at any moment.

At one time there was a statement that the communications between RPIC and VO could not be electronic but that is no longer the case. It CAN be electronic but since the Primary VO (I'll call this Primary VO since often times an operation has multiple VO's) can not extend the RPIC VLOS it's not really needed. For additional VO's etc it is a good idea.

Where it gets confusing is when you try to take ONE part of the Regulation and NOT read the entire thing because it ALL applies and it must be read in order and understood.

Below is ~107.31 unedited and then I'll break it down to hopefully remove some of the confusion:

*********************** Start of 107.31 ******************************

§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.

*********************** End of 107.31 ******************************

So here are the key components I want to give emphasis to:

....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

What's important is the AND aspect of the rule. This solidifies my statement that the RPIC must be able to SEE the aircraft the entire flight so a VO can not extend VLOS beyond what the RPIC can see.

Below is the portion that causes a lot of confusion but we can break it down fairly easily. Keep in mind that part (b) does not "live" by itself. Part (a) must be satisfied wholly.


(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 only thing part (b) does is ALLOW the RPIC to temporarily look away from the aircraft to do other things needed (look at display units, telemetry etc). This merely allows a brief period of time the RPIC is not ACTIVELY looking at the aircraft but the entire time the RPIC must be ABLE to look up and see the aircraft or you are no longer compliant to ~107.31

Some operations can have multiple VO's (we use more than one when operating at night in high stress environments) but the Primary VO is the one who can assume temporary VLOS operations only. A remote VO would violate Part (a) of 107.31.

Agreed on all points with one minor caveat. The FAA has frequently made the point in seminars and other media about the RPIC being allowed to "temporarily" or "briefly" look away from the aircraft, but the law itself says nothing about the option to look away being temporary or brief. 107.31 requires that the RPIC must be able to see the aircraft at all times during the flight, but doesn't actually require the RPIC to watch it at all provided that the RPIC could see it at any time if necessary and provided that a VO is watching it whenever the RPIC isn't. That could be for the entire flight.
 
We have a LOT of confusion about what a VO can do and can't do in terms of Part 107 (as currently written 3/29/2021). This is likely to change in the future as technology changes.

  • The VO does NOT extend VLOS of the RPIC. The RPIC must "Be Able" to put eyes on the aircraft during every aspect of the flight......100% of the flight.
  • The VO can assume VLOS duties to allow the RPIC to look away from the aircraft to do other things that could enhance safety etc (look at other equipment, telemetry etc). This is a TEMPORARY allowance and as already stated the RPIC but BE ABLE to look up and see the aircraft at any moment.

At one time there was a statement that the communications between RPIC and VO could not be electronic but that is no longer the case. It CAN be electronic but since the Primary VO (I'll call this Primary VO since often times an operation has multiple VO's) can not extend the RPIC VLOS it's not really needed. For additional VO's etc it is a good idea.
I believe you have clearly and correctly described the Part 107 rules.

But to add to confusion, if the flight is conducted strictly for recreational purposes, it may be flown under 44809 rules, which say this about line of sight:

(3) The aircraft is flown within the visual line of sight of the person operating the aircraft or a visual observer co-located and in direct communication with the operator.

In the 44809 rule, the line of sight only needs to be maintained by the operator OR the visual observer. But since the visual observer must be "co-located and in direct communication" with the operator, one might presume that the operator also ought to have line of sight to the aircraft, unless the operator was wearing something like VR goggles giving a view via a camera on board the aircraft.

The phrase "in direct communication with" sounds like it may rule out electronic communications, but I'm not sure. But when you combine it with "co-located", it means there can't be much distance between the V.O. and the operator. If you need walkie-talkies or telephones, my personal guess is that you are not "co-located and in direct communication with" each other.

Again, what I'm talking about here only applies to recreational flights conducted under 44809. I bring it up because I've seen the two distinct sets of rules confused with one another.
 
....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

What's important is the AND aspect of the rule. This solidifies my statement that the RPIC must be able to SEE the aircraft the entire flight so a VO can not extend VLOS beyond what the RPIC can see.
Ah! Now that makes sense (although I give it a big fat harrumph). The issue is not the mode of communication, but the 107.31 aspect.

Thanks for clarifying.
 
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Agreed on all points with one minor caveat. The FAA has frequently made the point in seminars and other media about the RPIC being allowed to "temporarily" or "briefly" look away from the aircraft, but the law itself says nothing about the option to look away being temporary or brief. 107.31 requires that the RPIC must be able to see the aircraft at all times during the flight, but doesn't actually require the RPIC to watch it at all provided that the RPIC could see it at any time if necessary and provided that a VO is watching it whenever the RPIC isn't. That could be for the entire flight.
To make matters more confusing the FAA clarifies in the final rule that the person maintaining VLOS can temporarily lose VLOS behind an obstacle. They use the example of inspecting a roof where the drone flies to the other side of the roof and VLOS is being blocked by the building. There’s no definition of what “temporary” is so long as the person maintaining VLOS and fulfill the “see and avoid” requirement.


“The FAA understands and accepts that the person maintaining visual line of sight may lose sight of the unmanned aircraft for brief moments of the operation. This may be necessary either because the small unmanned aircraft momentarily travels behind an obstruction or to allow the person maintaining visual line of sight to perform actions such as scanning the airspace or briefly looking down at the small UAS control station. For example, a remote pilot in command stationed on the ground utilizing a small unmanned aircraft to inspect a rooftop may lose sight of the aircraft for brief periods while inspecting the farthest point of the roof. As another example, a remote pilot in command conducting a search operation around a fire scene with a small unmanned aircraft may briefly lose sight of the aircraft while it is temporarily behind a dense column of smoke.

However, the FAA emphasizes that even though the remote pilot in command may briefly lose sight of the small unmanned aircraft, he or she always has the see-and-avoid responsibilities set out in §§ 107.31 and 107.37. The circumstances of what would prevent a remote pilot from fulfilling those responsibilities will vary depending on factors such as the type of UAS, the operational environment, and distance between the remote pilot and the unmanned aircraft. For this reason, the FAA declines to specify a quantitative value to an interruption of visual contact as it would have the effect of potentially allowing a hazardous interruption or prohibiting a reasonable one.”
-

So the ability to have VLOS is required at all times except for “brief” periods with the word “brief” having a purposefully open ended meaning lol.

This is why lawyers love big bureaucracy. The more you read the more loopholes you’ll find.
 
Last edited:
To make matters more confusing the FAA clarifies in the final rule that the person maintaining VLOS can temporarily lose VLOS behind an obstacle. They use the example of inspecting a roof where the drone flies to the other side of the roof and VLOS is being blocked by the building. There’s no definition of what “temporary” is so long as the person maintaining VLOS and fulfill the “see and avoid” requirement.


“The FAA understands and accepts that the person maintaining visual line of sight may lose sight of the unmanned aircraft for brief moments of the operation. This may be necessary either because the small unmanned aircraft momentarily travels behind an obstruction or to allow the person maintaining visual line of sight to perform actions such as scanning the airspace or briefly looking down at the small UAS control station. For example, a remote pilot in command stationed on the ground utilizing a small unmanned aircraft to inspect a rooftop may lose sight of the aircraft for brief periods while inspecting the farthest point of the roof. As another example, a remote pilot in command conducting a search operation around a fire scene with a small unmanned aircraft may briefly lose sight of the aircraft while it is temporarily behind a dense column of smoke.

However, the FAA emphasizes that even though the remote pilot in command may briefly lose sight of the small unmanned aircraft, he or she always has the see-and-avoid responsibilities set out in §§ 107.31 and 107.37. The circumstances of what would prevent a remote pilot from fulfilling those responsibilities will vary depending on factors such as the type of UAS, the operational environment, and distance between the remote pilot and the unmanned aircraft. For this reason, the FAA declines to specify a quantitative value to an interruption of visual contact as it would have the effect of potentially allowing a hazardous interruption or prohibiting a reasonable one.”
-

So VLOS is required at all times except for “brief” periods with the word “brief” having a purposefully open ended meaning lol.

This is why lawyers love big bureaucracy. The more you read the more loopholes you’ll find.

Yes - but that was the final rule that introduced Part 107, and contains numerous items that did not make it into Part 107.
 
I don’t understand? It says this is effective 6/28/16.

Are you saying this is no longer relevant?

It was the final rule from the NPRM on integration of sUAS into the NAS, but Public Law 112-95 was then codified in Part 107.

As this rule notes:

Section 333 of Public Law 112-95 directed the Secretary to determine whether UAS operations posing the least amount of public risk and no threat to national security could safely be operated in the NAS and, if so, to establish requirements for the safe operation of these systems in the NAS, prior to completion of the UAS comprehensive plan and rulemakings required by section 332 of Public Law 112-95.

and goes on to state:

This rule will add a new part 107 to Title 14 Code of Federal Regulations (14 CFR) to allow for routine civil operation of small UAS in the NAS and to provide safety rules for those operations.

Part 107 is the current final authority.
 
Part 107 is the current final authority.
Indeed. Discussions about the rule can help with gray areas, but in this case, the rule is crystal clear and explicit.

However, I also note that it's waivable. If you really need it, you can always apply for a COA. Probably easier to get for a roofing inspection or public safety than it would be for extending a flight BVR.
 
(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.



So what does the OR mean??
 
That if you don't have a visual observer, it's ok to fly.

Even so, the sentence's first clause, "Throughout the entire flight of the small unmanned aircraft ..." means that the condition applies to both options. As such,

The RPIC must be able to see the craft throughout the entire flight, or
The VO must be able to see the craft throughout the entire flight,
 
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Ok I got this ..But.. can your VO be on the other end of the trip
and talk to you by radio or phone and still be legal.
Sorry I’m slow ?
As a hobbyist or part 107.
 
Ok I got this ..But.. can your VO be on the other end of the trip
and talk to you by radio or phone and still be legal.
Sorry I’m slow ?
As a hobbyist or part 107.
Sure why not. There’s no co-located clause like for recreational users.

But the RPIC and the person manipulating the controls still have to be able to gain VLOS. So you were right that a VO can’t extend VLOS.
 
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Sure why not. There’s no co-located clause like for recreational users.
You do realize what I’m asking.
Say like I can see my drone 1 mile out as my VO can see but he’s at the other end.
 
But the RPIC and the person manipulating the controls still have to be able to gain VLOS. So you you were right that a VO can’t extend VLOS.
Sorry we were posting at the same time. You answered me and thanks. ?
 
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It was the final rule from the NPRM on integration of sUAS into the NAS, but Public Law 112-95 was then codified in Part 107.

As this rule notes:

Section 333 of Public Law 112-95 directed the Secretary to determine whether UAS operations posing the least amount of public risk and no threat to national security could safely be operated in the NAS and, if so, to establish requirements for the safe operation of these systems in the NAS, prior to completion of the UAS comprehensive plan and rulemakings required by section 332 of Public Law 112-95.

and goes on to state:

This rule will add a new part 107 to Title 14 Code of Federal Regulations (14 CFR) to allow for routine civil operation of small UAS in the NAS and to provide safety rules for those operations.

Part 107 is the current final authority.
Ok I get it but why would they change it in 107 to be different from the final rule. This is why people are confused about this because in the final rule it says

“Visual line-of-sight (VLOS) only; the unmanned aircraft must remain within VLOS of the remote pilot in command and the person manipulating the flight controls of the small UAS. Alternatively, the unmanned aircraft must remain within VLOS of the visual observer.”

So in the final rule a VO could be the only one within VLOS. But they ninja changed it in part 107? What is the point of final rules if they aren’t final? Like for the final rule on flying over people and Remote ID can we expect that after we have jumped through all these hoops that it will ninja changed when they codify it? This is why people hate government. And the FAA wonders why people can’t get the rules right.

Maybe it would be better if the States did their own thing on with drones. It’s a full time job just trying to make sense of the FAA
 

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