This is probably a topic that would (and probably already has) fill a thread of it's own, but I believe that there is
room in the middle for reasonable lack of adherence (whether or not it fits the rules of current written laws) .
Pushing aside the boneheads that purposefully don't bother trying to keep VLOS, how about this example:
- Launch into the air
- Fly out to some fair distance where the craft is tiny in the sky, but you kept your visual lock on the craft with your eyes
- Stop the aircraft there, still being able to see it
- Look down at the controller (as we must from time to time)
- Look back up, but cannot find the aircraft again with your eyes, even though it has not moved and (as you can see from the feed on your device) has not fallen out of the sky.
At that point, you just can't see it—at least not right away and without a lot of effort—because the craft is small. YES of course at that point you could and should come back until you reacquire VLOS, but for that moment, you are out of compliance to the VLOS rule. Are you irresponsible and reckless (even though technically illegal)? Not in my mind.
Now take a fantasy scenario where some fictional official drone cop comes up and asks you to point into the sky to prove you know where the drone is, but you can't so he gives you a citation with a fine. I believe that in this fantasy, you could probably make a case in a court of law that you made all reasonable effect to keep VLOS.
Al, I'm not disagreeing with you, but making the case for there being a middle ground here, showing that it's not always black and white. Because I've experienced the above "look down and it's gone" scenario countless times.
Eh?
Chris